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6-5-487
Section 6-5-487 Advance payments by defendant or insurer not admission of liability;
advance payments in excess of award not repayable. (a) In all actions for medical liability,
any advance payment made by the defendant or his insurer to or for the plaintiff, or any other
person, may not be construed as an admission of liability for injuries or damages suffered
by the plaintiff or anyone else. Evidence of such advance payment is not admissible until
there is a final judgment in favor of the plaintiff, in which event the court shall reduce
the judgment to the plaintiff to the extent of advance payment. The advance payment shall
inure to the exclusive credit of the defendant or his insurer making the payment. In the event
the advance payment exceeds the liability of the defendant or the insurer making it, the court
shall order any adjustment necessary to equalize the amount which each defendant is obligated
to pay, exclusive of cost. (b) In no case shall an advance payment in excess of...
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6-5-576
Section 6-5-576 Advance payments by defendant or insurer not admission of liability;
advance payments in excess of award not repayable. (a) In all legal service liability actions,
any advance payment made by the defendant or his insurer to or for the plaintiff, or any other
person, may not be construed as an admission of liability for injuries or damages suffered
by the plaintiff or anyone else. Evidence of such advance payment is not admissible until
there is a final judgment in favor of the plaintiff, in which event the court shall reduce
the judgment to the plaintiff to the extent of advance payment. The advance payment shall
inure to the exclusive credit of the defendant or his insurer making the payment. In the event
the advance payment exceeds the liability of the defendant or the insurer making it, the court
shall order any adjustment necessary to equalize the amount which each defendant is obligated
to pay, exclusive of costs. (b) In no case shall an advance payment in excess...
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6-5-543
Section 6-5-543 Damages against health care provider to be itemized; future damages
over $150,000 to be paid by periodic payments over period of years; judgment to specify payment
terms; requirement to post security or provide evidence of insurance; future damages not to
be reduced to present value; attorney's fees; termination of periodic payments; contempt of
court upon continuing pattern of failure to make payments; modification of judgment; legislative
intent. (a) In any action for injury or damages whether in contract or in tort against a health
care provider based on a breach of the standard of care the damages assessed by the trier
of fact shall be itemized as follows: (1) Past damages, (2) Future damages, (3) Punitive damages.
The trier of fact shall not reduce any future damages to present value. If the trial court
determines that any one or more of the above categories is not recoverable in the action,
that category or categories shall be omitted from the itemization. (b)...
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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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6-11-3
Section 6-11-3 Future damages; requirements if damages greater than $150,000; attorney's
fees; periodic payments over period of years; specific findings; evidence of financial ability
to make payments; evidence of present value inadmissible. Where the damages assessed against
a defendant by the trier of fact include an award of future damages, the trial court shall
comply with the following in rendering its judgment in the case: (1) Judgment shall be entered
against the defendant for all past damages and punitive damages assessed against the defendant
by the trier of fact. (2) If the award of future damages assessed by the trier of fact is
$150,000 or less, the trial court shall enter judgment against the defendants for the amount
of such future damages. (3) If the award of future damages assessed by the trier of fact is
greater than $150,000, the trial court shall enter judgment as follows: a. Judgment shall
be entered against the defendant for $150,000 of such future damage. b. If,...
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25-5-56
Section 25-5-56 Settlements between parties. The interested parties may settle all matters
of benefits, whether involving compensation, medical payments, or rehabilitation, and all
questions arising under this article and Article 4 of this chapter between themselves, and
every settlement shall be in an amount the same as the amounts or benefits stipulated in this
article. No settlement for an amount less than the amounts or benefits stipulated in this
article shall be valid for any purpose, unless a judge of the court where the claim for compensation
under this chapter is entitled to be made, or upon the written consent of the parties, a judge
of the court determines that it is for the best interest of the employee or the employee's
dependent to accept a lesser sum and approves the settlement. The court shall not approve
any settlement unless and until it has first made inquiry into the bona fides of a claimant's
claim and the liability of the defendant; and if deemed advisable, the...
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6-5-486
Section 6-5-486 Optional method of payment of judgments in excess of $100,000. Where
a plaintiff recovers a judgment from a physician, dentist, or medical institution, as defined
in Section 6-5-481, in an action for medical liability, and such judgment is in excess
of $100,000, the court, in its discretion, may order that: (1) There shall be deducted from
the award, and paid to the plaintiff, an amount sufficient to cover his out-of-pocket expenses
as well as his attorney's fee. (2) The remainder of the award shall be paid to the plaintiff
in monthly installments in an amount calculated to provide the plaintiff a lifetime income.
(3) If the plaintiff should die before payment of all of said award, the same income shall
be paid to the beneficiary of the plaintiff for the remainder of the payments due. (4) The
defendant file a surety bond with the court in an amount equal to the award remaining after
the expenses referred to in subdivision (1) of this section have been deducted. (Acts...
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27-44-5
Section 27-44-5 Definitions. As used in this chapter, the following terms shall have
the following meanings, respectively, unless the context clearly indicates otherwise: (1)
ACCOUNT. Either of the three accounts created under Section 27-44-6. (2) ASSOCIATION.
The Alabama Life and Disability Insurance Guaranty Association created under Section
27-44-6. (3) AUTHORIZED ASSESSMENT or the term AUTHORIZED when used in the context of assessments.
A resolution by the board of directors has been passed whereby an assessment will be called
immediately or in the future from member insurers for a specified amount. An assessment is
authorized when the resolution is passed. (4) BENEFIT PLAN. A specific employee, union, or
association of natural persons benefit plan. (5) CALLED ASSESSMENT or the term CALLED when
used in the context of assessments. A notice that has been issued by the association to member
insurers requiring that an authorized assessment be paid within the time frame set forth within...
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34-21-2
Section 34-21-2 Board of Nursing generally. (a) There is created the Board of Nursing,
which shall be composed of 13 members to be appointed and have the duties and powers enumerated
in this section. The membership of the board shall be inclusive and reflect the racial,
gender, geographic, urban/rural, and economic diversity of the state. In order to insure continuity
of administration, the nine board members provided for by Section 3 of Act 427, Regular
Session 1975, shall continue to serve to the completion of the term for which they are serving.
The Governor, within 60 days of January 1, 1984, shall appoint a tenth member who shall be
a licensed practical nurse for a term of four years from a list of nominees furnished him
or her by the Alabama Federation of Licensed Practical Nurses, Incorporated, or its successor
organization. As the terms of all board members expire, their successors shall be appointed
for terms of four years each. Vacancies in unexpired terms shall be filled in...
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27-60-2
Section 27-60-2 Interstate Insurance Product Regulation Compact. The State of Alabama
hereby agrees to the following interstate compact known as the Interstate Insurance Product
Regulation Compact: ARTICLE I. PURPOSES. The purposes of this compact are, through means of
joint and cooperative action among the compacting states: 1. To promote and protect the interest
of consumers of individual and group annuity, life insurance, disability income, and long-term
care insurance products; 2. To develop uniform standards for insurance products covered under
the compact; 3. To establish a central clearinghouse to receive and provide prompt review
of insurance products covered under the compact and, in certain cases, advertisements related
thereto, submitted by insurers authorized to do business in one or more compacting states;
4. To give appropriate regulatory approval to those product filings and advertisements satisfying
the applicable uniform standard; 5. To improve coordination of...
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