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7-2A-529
Section 7-2A-529 Lessor's action for the rent. (1) After default by the lessee under the lease
contract of the type described in Section 7-2A-523(1) or 7-2A-523(3)(a) or, if agreed, after
other default by the lessee, if the lessor complies with subsection (2), the lessor may recover
from the lessee as damages: (a) for goods accepted by the lessee and not repossessed by or
tendered to the lessor, and for conforming goods lost or damaged within a commercially reasonable
time after risk of loss passes to the lessee (Section 7-2A-219), (i) accrued and unpaid rent
as of the date of entry of judgment in favor of the lessor, (ii) the present value as of the
same date of the rent for the then remaining lease term of the lease agreement, and (iii)
any incidental damages allowed under Section 7-2A-530, less expenses saved in consequence
of the lessee's default; and (b) for goods identified to the lease contract if the lessor
is unable after reasonable effort to dispose of them at a reasonable...
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27-14-11.1
27-14-11.1 Contents of policies - Denial or reduction of benefits due to Medicaid eligibility
void. (a) For purposes of this section, "private insurer" is defined as any of the
following: (1) Any commercial insurance company offering health or casualty insurance to individuals
or groups, including both experience-rated contracts and indemnity contracts. (2) Any profit
or nonprofit prepaid plan offering either medical services or full or partial payment for
the diagnosis or treatment of an injury, disease, or disability. (3) Any organization
administering health or casualty insurance plans for professional associations, unions, fraternal
groups, employer-employee benefit plans, and any similar organization offering these payments
or services, including self-insured and self-funded plans. (4) Any health insurer, including
group health plans, as defined in Section 607(1) of the Employee Retirement Income Security
Act of 1974, self-insured plans, service benefit plans, managed care...
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27-9A-3
system" means a preprogrammed computer system designed for the collection, data entry,
calculation, and system-generated final resolution of claims which meets all of the following:
1. It shall only be utilized by a licensed independent adjuster, licensed insurance producer,
or by individuals supervised by a licensed independent adjuster or insurance producer pursuant
to this subdivision. 2. It shall comply with all claims payment requirements of the insurance
code. d. For purposes of this subdivision, "portable consumer electronic device"
means a personal, self-contained, easily carried by an individual, battery-operated
electronic communication, viewing, listening, recording, gaming, computing, or global position
device, and other similar devices and their accessories. e. The licensed independent adjuster
or insurance producer who supervises the individuals shall file a report with the commissioner
indicating an intention to operate pursuant to this subdivision. (Act 2011-637, ยง1.)...
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7-2A-504
Section 7-2A-504 Liquidation of damages. (1) Damages payable by either party for default, or
any other act or omission, including indemnity for loss or diminution of anticipated tax benefits
or loss or damage to lessor's residual interest, may be liquidated in the lease agreement
but only at an amount or by a formula that is reasonable in light of the then anticipated
harm caused by the default or other act or omission. (2) If the lease agreement provides for
liquidation of damages, and such provision does not comply with subsection (1), or such provision
is an exclusive or limited remedy that circumstances cause to fail of its essential purpose,
remedy may be had as provided in this article. (3) If the lessor justifiably withholds or
stops delivery of goods because of the lessee's default or insolvency (Section 7-2A-525 or
7-2A-526), the lessee is entitled to restitution of any amount by which the sum of his or
her payments exceeds: (a) the amount to which the lessor is entitled by...
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7-2-718
Section 7-2-718 Liquidation or limitation of damages; deposits. (1) Damages for breach by either
party may be liquidated in the agreement but only at an amount which is reasonable in the
light of the anticipated or actual harm caused by the breach, the difficulties of proof of
loss, and the inconvenience or nonfeasibility of otherwise obtaining an adequate remedy. A
term fixing unreasonably large liquidated damages is void as a penalty. (2) Where the seller
justifiably withholds delivery of goods because of the buyer's breach, the buyer is entitled
to restitution of any amount by which the sum of his payments exceeds: (a) The amount to which
the seller is entitled by virtue of terms liquidating the seller's damages in accordance with
subsection (1), or (b) In the absence of such terms, 20 percent of the value of the total
performance for which the buyer is obligated under the contract or $500, whichever is smaller.
(3) The buyer's right to restitution under subsection (2) is subject to...
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7-2-503
Section 7-2-503 Manner of seller's tender of delivery. (1) Tender of delivery requires that
the seller put and hold conforming goods at the buyer's disposition and give the buyer any
notification reasonably necessary to enable him to take delivery. The manner, time and place
for tender are determined by the agreement and this article, and in particular: (a) Tender
must be at a reasonable hour, and if it is of goods they must be kept available for the period
reasonably necessary to enable the buyer to take possession; but (b) Unless otherwise agreed
the buyer must furnish facilities reasonably suited to the receipt of the goods. (2) Where
the case is within Section 7-2-504 respecting shipment, tender requires that the seller comply
with its provisions. (3) Where the seller is required to deliver at a particular destination,
tender requires that he comply with subsection (1) and also in any appropriate case tender
documents as described in subsections (4) and (5) of this section. (4)...
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27-42-5
Section 27-42-5 Definitions. As used in this chapter, the following terms shall have the following
meanings, respectively, unless the context clearly indicates otherwise: (1) ACCOUNT. Any one
of the three accounts created by Section 27-42-6. (2) AFFILIATE. A person who directly, or
indirectly, through one or more intermediaries, controls, is controlled by, or is under common
control with another person on December 31 of the year immediately preceding the date the
insurer becomes an insolvent insurer. (3) ASSOCIATION. The Alabama Insurance Guaranty Association
created under Section 27-42-6. (4) CLAIMANT. Any insured making a first party claim or any
person instituting a liability claim. The term does not include a person who is an affiliate
of an insolvent insurer. (5) COMMISSIONER. The Commissioner of Insurance of the State of Alabama.
(6) CONTROL. The possession, direct or indirect, of the power to direct or cause the direction
of the management and policies of a person, whether...
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41-16A-5
contract, (ii) in the event the governmental entity shall fail to return the subject property
to the grantor party as described in clause (i), the grantor party shall have the right to
take possession of the subject property, (iii) in taking possession of the subject property,
a grantor party may proceed without judicial process if this can be done without breach of
the peace or may proceed by action, and/or (iv) without removal, the grantor party may render
subject property constituting personal property or fixtures unusable and may dispose
of the same on the governmental entity's premises. (b) If an alternative financing contract
contains the terms contained in subdivision (a)(11) hereof, such alternative financing contract
shall be deemed to obligate the governmental entity thereunder only for those sums payable
during the then current fiscal year of such governmental entity, including in the case of
a renewable alternative financing contract for those sums payable in the...
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27-12-14
to any tax payable on account of such insurance, nor relieve any insured named in the policy
nor any employee of such insured who knowingly receives or accepts any rebate, discount, abatement,
credit, or reduction of the premium in violation of subsection (b) of this section, of any
penalty otherwise applicable under this title on account of any such violation. (e) No person
in this state shall advertise, offer, or provide free insurance as an inducement to the purchase
or sale of real or personal property or of services, directly or indirectly, connected
with such real or personal property. (1) For the purposes of this subsection, "free
insurance" is insurance for which no identifiable and additional charge is made to the
purchase of such real property or personal property or services or insurance for which
an identifiable or additional charge is made in an amount less than the cost of such insurance
as to the seller or other person, other than the insurer providing the same. (2)...
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41-16-24
Section 41-16-24 Advertisement for and solicitation of bids; opening of bids; public inspection;
reverse auction procedures; certain partial contracts void. (a)(1) The Purchasing Agent shall
advertise for sealed bids on all purchases in excess of the competitive bid limit as established
in Section 41-16-20 by posting notice thereof on a bulletin board maintained outside the office
door or by publication of notice thereof, one time, in a newspaper published in Montgomery
County, Alabama, or in any other manner, for such lengths of time as the Purchasing Agent
may determine. The Purchasing Agent shall also solicit sealed bids or bids to be submitted
by reverse auction procedure by notifying all Alabama persons, firms, or corporations who
have filed a request in writing that they be listed for solicitation on bids for the particular
items set forth in the request and the other persons, firms, or corporations the Purchasing
Agent deems necessary to insure competition. If any person, firm,...
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