Code of Alabama

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27-61-1
Section 27-61-1 Surplus Lines Insurance Multi-State Compliance Compact. The Surplus Lines Insurance
Multi-State Compliance Compact Act is enacted into law and entered into with all jurisdictions
mutually adopting the compact in the form substantially as follows: PREAMBLE WHEREAS, with
regard to Non-Admitted Insurance policies with risk exposures located in multiple states,
the 111th United States Congress has stipulated in Title V, Subtitle B, the Non-Admitted and
Reinsurance Reform Act of 2010, of the Dodd-Frank Wall Street Reform and Consumer Protection
Act, hereafter, the NRRA, that: (A) The placement of Non-Admitted Insurance shall be subject
to the statutory and regulatory requirements solely of the insured's Home State, and (B) Any
law, regulation, provision, or action of any State that applies or purports to apply to Non-Admitted
Insurance sold to, solicited by, or negotiated with an insured whose Home State is another
State shall be preempted with respect to such application;...
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35-11-453
Section 35-11-453 Escrow accounts. Except as otherwise provided in this section, whenever a
notice of lien has been given or recorded, an escrow account may be, but is not required to
be, established in an amount sufficient to release the claim for lien. These moneys shall
be held in escrow by the closing agent or an independent escrow agent until the parties' rights
to the escrowed moneys have been determined by written agreement of the parties, by a final
court order, or by any other process which may be agreed to by the parties for resolution
of their dispute. Upon the escrow of funds in the amount of the claimed lien, the lien or
claim of lien shall be automatically dissolved, and the broker shall be deemed to have an
equitable lien on the escrow funds pending a resolution of the broker's claim. The escrow
shall not be released until a resolution is reached and agreed to by all necessary parties
or ordered by a court. The parties may agree to any alternative procedures which would...

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6-6-20
Section 6-6-20 Definition; instances requiring mediation; sanctions; exceptions; etc. (a) For
purposes of this section, "mediation" means a process in which a neutral third party
assists the parties to a civil action in reaching their own settlement but does not have the
authority to force the parties to accept a binding decision. (b) Mediation is mandatory for
all parties in the following instances: (1) At any time where all parties agree. (2) Upon
motion by any party. The party asking for mediation shall pay the costs of mediation, except
attorney fees, unless otherwise agreed. (3) In the event no party requests mediation, the
trial court may, on its own motion, order mediation. The trial court may allocate the costs
of mediation, except attorney fees, among the parties. (c) If any party fails to mediate as
required by this section, the court may apply such sanctions as it deems appropriate pursuant
to Rule 37 of the Alabama Rules of Civil Procedure. (d) A court shall not order...
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25-5-290
Section 25-5-290 Ombudsman program, creation; purpose; members; notification of service; benefit
review conferences. (a) The Department of Industrial Relations shall establish an Ombudsman
Program to assist injured or disabled employees, persons claiming death benefits, employers,
and other persons in protecting their rights and obtaining information available under the
Workers' Compensation Law. (b) Providing that the employer and the employee agree to participate
in the benefit review conference, the ombudsmen shall meet with or otherwise provide information
to injured or disabled employees, investigate complaints, and communicate with employers,
insurance carriers, and health care providers on behalf of injured or disabled employees.
(c) Ombudsmen shall be Merit System employees and demonstrate familiarity with the Workers'
Compensation Law. An ombudsman shall not be an advocate for any person who shall assist a
claimant, employer, or other person in any proceeding beyond the...
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27-6A-4
Section 27-6A-4 Contract requirements. No person, firm, association, or corporation acting
in the capacity of a managing general agent shall place business with an insurer unless there
is in force a written contract between the parties that sets forth the responsibilities of
each party and where both parties share responsibility for a particular function, specifies
the division of such responsibilities, and that contains the following minimum provisions:
(a) The insurer may terminate the contract for cause upon written notice to the managing general
agent. The insurer may suspend the underwriting authority of the managing general agent during
the pendency of any dispute regarding the cause for termination. (b) The managing general
agent shall render accounts to the insurer detailing all transactions and remit all funds
due under the contract to the insurer on not less than a monthly basis. (c) All funds collected
for the account of an insurer will be held by the managing general agent...
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41-15-8
Section 41-15-8 Resolution of disagreements between Department of Finance and person in charge
of insured property as to value of property, premium rates, etc. In the event a disagreement
arises between the Department of Finance and any person or persons in charge of any insured
property as to its replacement cost or actual cash value or the amount payable under the claim
for loss or the proper premium rate or rates, the matter in disagreement shall be determined
by a third person to be agreed upon by the Director of Finance on the one hand and the person
or persons disagreeing with him on the other. In case of inability to agree on such third
person, the Governor shall appoint a third person to determine the question, and his decision
thereon shall be binding on all parties concerned. (Acts 1923, No. 593, p. 769; Code 1923,
§8552; Acts 1936-37, Ex. Sess., No. 219, p. 260; Acts 1939, No. 112, p. 144; Code 1940, T.
28, §326; Acts 1990, No. 90-569, p. 966, §8.)...
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11-32-21
Section 11-32-21 Employee protective provisions. (a) The rights, benefits, and other employee
protective conditions and remedies of Section 13(c) of the Urban Mass Transportation Act of
1964, as amended, 49 U.S.C. 1609(c), as determined by the Secretary of Labor, shall apply
to the operation by the authority of any public transportation service and to any contract
or other arrangement for the operation of such service. If the authority acquires an existing
transit system, the authority shall assume and observe all existing labor contracts and pension
obligations. All employees of the system except executive and administrative officers shall
be transferred to and appointed as employees of the authority, subject to all rights and benefits
of this section. These employees shall be given seniority credit and sick leave, vacation,
insurance, and pension credits in accordance with the records or labor agreements from the
acquired transit system. The authority shall assume the obligations of...
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45-49A-64.20
Section 45-49A-64.20 Employee protective provisions. (a) The rights, benefits, and other employee
protective conditions and remedies of Section 13(c) of the Urban Mass Transportation Act of
1964, as amended (49 U.S.C. § 1609(c)), as determined by the Secretary of Labor, shall apply
to the operation by the authority of any public transportation service and to any contract
or other arrangement for the operation of such service. If the authority acquires an existing
transit system, the authority shall assume and observe all existing labor contracts and pension
obligations. All employees of such system, except executive and administrative officers, shall
be transferred to and appointed as employees of the authority, subject to all rights and benefits
of this section. These employees shall be given seniority credit and sick leave, vacation,
insurance, and pension credits in accordance with the records or labor agreements from the
acquired transit system. The authority shall assume the...
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41-16-3
Section 41-16-3 Timely execution of state contracts required. (a) Whenever the State of Alabama
is a party to any contract, the contract shall be executed by all parties in a timely fashion.
When a party to a contract, other than the state, has fully executed the responsibility under
the contract and there remains only the payment of funds by the state, payment shall be made
in a timely manner. If the amount due by the state is not in dispute, payment shall be made
within 30 days after the other party has completed his or her portion of the contract and
presented a proper invoice. If the amount payable is not paid within 30 days, interest on
the amount shall be charged. A party who receives a payment from the state in connection with
a contract shall pay each of its subcontractors or sub-subcontractors the portion of the state's
payment to the extent of that subcontractor's or sub-subcontractor's interest in the state's
payment in accordance with the payment terms agreed to by the...
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7-1-201
Section 7-1-201 General definitions. (a) [Reserved]. (b) Subject to additional definitions
contained in the subsequent articles of this title which are applicable to specific articles
or parts thereof, and unless the context otherwise requires, in this title: (1) "Action,"
in the sense of a judicial proceeding, includes recoupment, counterclaim, set-off, suit in
equity, and any other proceeding in which rights are determined. (2) "Aggrieved party"
means a party entitled to pursue a remedy. (3) "Agreement," as distinguished from
"contract," means the bargain of the parties in fact, as found in their language
or inferred from other circumstances, including course of performance, course of dealing,
or usage of trade as provided in Section 7-1-303. (4) "Bank" means a person engaged
in the business of banking and includes a savings bank, savings and loan association, credit
union, and trust company. (5) "Bearer" means a person in possession of a negotiable
instrument, document of title, or...
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