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6-5-156.3
Section 6-5-156.3 Standard of proof; damages and other relief; jurisdiction and powers of court;
appointment of receiver; eviction of tenant. (a) The plaintiff is required by a preponderance
of the evidence to establish that a drug-related nuisance exists. The plaintiff is required
by clear and convincing evidence to establish that the owner of the property who is not a
resident or in actual possession of the property was criminally culpable in aiding and abetting
in the drug related nuisance. (b) If the existence of a drug-related nuisance is found, the
judgment may include actual damages and an injunction to restrain, abate, and prevent the
continuance or recurrence of the drug-related nuisance. The court may grant declaratory relief,
mandatory orders, or any other relief deemed necessary to accomplish the purposes of the injunction
or order and enforce the judgment or order. (c) The court may retain jurisdiction of the case
for the purpose of enforcing its orders. (d) If the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-156.3.htm - 5K - Match Info - Similar pages
27-10-52
Section 27-10-52 Service of process upon insurer; judgment by default. (a) Service of process
upon an insurer pursuant to Section 27-10-51 shall be made by delivering to, and leaving with,
the commissioner, or some person in apparent charge of his office, two copies thereof and
the payment to him of such fees as may be prescribed by law. The commissioner shall forthwith
mail by registered mail one of the copies of the process to the defendant at its last known
principal place of business and shall keep a record of all process so served upon him. Such
service of process is sufficient, provided notice of the service and a copy of the process
are sent promptly after such service by the commissioner by registered mail to the defendant
at its last known principal place of business and the defendant's receipt, or receipt issued
by the post office with which the letter is registered, showing the name of the sender of
the letter and the name and address of the person to whom the letter is...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-10-52.htm - 3K - Match Info - Similar pages
27-5B-16
Section 27-5B-16 Insolvency clause. Except as provided in Section 27-5B-17, no credit shall
be allowed, as an admitted asset or deduction from liability, to any ceding insurer for reinsurance
placed with a reinsurer qualified under this chapter, unless the reinsurance contract provides,
in substance, that in the event of the insolvency of the ceding insurer, the reinsurance shall
be payable under a contract reinsured by the assuming insurer on the basis of reported claims
allowed by the liquidation court, without diminution because of the insolvency of the ceding
insurer. The payments shall be made directly to the ceding insurer or to its domiciliary liquidator
except in either of the following instances: (1) Where the contract or other written agreement
specifically provides another payee of the reinsurance in the event of the insolvency of the
ceding insurer. (2) Where the assuming insurer, with the consent of the direct insured, has
assumed the policy obligations of the ceding...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-5B-16.htm - 1K - Match Info - Similar pages
12-21-111
Section 12-21-111 Verified itemized statement as evidence of account's correctness. In all
actions upon accounts, an itemized statement of the account, verified by the affidavit of
a competent witness, taken before and certified by, a notary public or any officer having
authority under the laws of this or another state to take and certify affidavits, is competent
evidence of the correctness of the account if the plaintiff, at the time of bringing his action,
files with his complaint such verified itemized statement and endorses on the complaint the
fact that the account is verified by affidavit. Unless the defendant, within the time allowed
him for pleading, files in the case an affidavit denying on information and belief the correctness
of the account, which affidavit of the defendant shall state whether or not the defendant
denies liability and whether or not he disputes the whole account or only a part or parts
or an item or items thereof (if defendant disputes only a part or parts...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-21-111.htm - 2K - Match Info - Similar pages
6-11-51
Section 6-11-51 Definitions. As used in this article the following words and terms shall have
the following meanings: (1) ANNUITY ISSUER. An insurer that has issued a contract to fund
periodic payments under a structured settlement. (2) DEPENDENTS. A payee's spouse and minor
children and all other persons for whom the payee is legally obligated to provide support,
including alimony. (3) DISCOUNTED PRESENT VALUE. The present value of future payments determined
by discounting the payments to the present using the most recently published applicable federal
rate for determining the present value of an annuity, as issued by the United States Internal
Revenue Service. (4) GROSS ADVANCE AMOUNT. The sum payable to the payee or for the payee's
account as consideration for a transfer of structured settlement payment rights before any
reductions for transfer expenses or other deductions to be made from the consideration. (5)
INDEPENDENT PROFESSIONAL ADVICE. Advice of an attorney, certified public...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-11-51.htm - 5K - Match Info - Similar pages
6-5-641
Section 6-5-641 Certification of classes. (a) No class of civil litigants shall be certified
or recognized by any court of the State of Alabama unless there shall have been compliance
with the procedures for certification of the class set forth in this article. (b) As soon
as practicable after the commencement of an action in which claims or defenses are purported
to be asserted on behalf of or against a class, or as soon as practicable after such assertions
in an amended pleading, but in no event prior to the time allowed by law for each party (including,
but not limited to, counterclaim, cross-claim, and third-party defendants) to file an answer
or other pleading responsive to the complaint, counterclaim, cross-claim, or third-party claim,
the court shall hold a conference among all named parties to the action for the purpose of
establishing a schedule, in the same manner and to the same extent contemplated by Ala.R.Civ.P.
16, for any discovery in which the parties may wish to engage...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-641.htm - 4K - Match Info - Similar pages
27-11-5
Section 27-11-5 Secretary of State as agent for service of process on insurer; service of process;
attachment of jurisdiction; fees for service. (a) Any insurer not qualified under the laws
of this state to transact the business of insurance as evidenced by a license or certificate
of authority from the Commissioner of Insurance which shall transact, or attempt to transact,
the business of insurance in this state or which shall do, or attempt to do, any of the acts
and occurrences set out in Section 27-11-3 shall, by the doing of such business or the performing
or attempting to perform any of such acts, be deemed to have appointed the Secretary of State,
or his successor or successors in office, to be the true and lawful attorney or agent of such
insurer whom process may be served in any action accrued or accruing from the transacting
of such business or the performing of such act by any such insurer, or by its agent, servant,
or employee. Service of such process shall be made by...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-11-5.htm - 4K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-6A-4.htm - 6K - Match Info - Similar pages
6-10-38
Section 6-10-38 Contest of exemption claim - Proceedings when homestead found to exceed value
or area allowed. (a) If, on the trial of a contest of a claim of homestead exemption, it is
found that the homestead as claimed exceeds $5,000 in value (or if a husband and wife have
both claimed the exemption to which each is entitled, $10,000), or 160 acres in area, the
court shall forthwith issue an order to the sheriff, returnable in 30 days thereafter, commanding
him to summon three disinterested householders or freeholders of the county in which the homestead
is situated, who, after having been sworn by the sheriff or some officer authorized to administer
oaths to faithfully discharge their duty, shall, if practicable, set off and allot, by metes
and bounds, the homestead exempt to the defendant from levy and sale under process, having
regard both to the quality and value of the real estate and to the selection of the defendant
and taking land most contiguous to the dwelling, and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-10-38.htm - 4K - Match Info - Similar pages
37-2-34
Section 37-2-34 Joint actions against connecting carriers. When goods, wares, merchandise or
other personal property are shipped to some point of delivery in this state over two or more
connecting lines of transportation companies, both or all of which are engaged in the business
of a transportation company in the State of Alabama, and such goods, wares and merchandise
or other personal property are lost, destroyed, or damaged because of unreasonable delay in
the delivery thereof or by the neglect of duty of any such transportation company or connecting
transportation companies, and the owner or consignee of such freight sustains injury or loss
thereby, and payment for such injury or loss or destruction is not made after notice to and
demand therefor of such connecting and delivering companies within 30 days thereafter, the
owner or consignee thereof may bring a civil action against such delivering and connecting
companies jointly; the action to be instituted in the county of delivery,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/37-2-34.htm - 2K - Match Info - Similar pages
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