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27-5-8
excluding buildings, their furniture and furnishings, fixed contents and supplies held in storage,
unless fire, tornado, sprinkler leakage, hail, explosion, earthquake, riot and/or civil commotion
are the only hazards to be covered; piers, wharves, docks, and slips, excluding the risks
of fire, tornado, sprinkler leakage, hail, explosion, earthquake, riot, and/or civil commotion;
and other aids to navigation and transportation, including dry docks and marine railways,
against all risks. (2) "Marine protection and indemnity insurance," meaning insurance
against, or against legal liability of the insured for, loss, damage or expense arising out
of, or incident to, the ownership, operation, chartering, maintenance, use, repair, or construction
of any vessel, craft or instrumentality in use in ocean or inland waterways, including liability
of the insured for personal injury, illness, or death or for loss of, or damage
to, the property of another person. (Acts 1971, No. 407, p. 707, §93.)...
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6-5-430
Section 6-5-430 Enforcement of action upon contract or tort arising in another state when jurisdiction
of defendant can be obtained in this state; doctrine of forum non conveniens applied. Whenever,
either by common law or the statutes of another state or of the United States, a claim, either
upon contract or in tort has arisen outside this state against any person or corporation,
such claim may be enforceable in the courts of this state in any county in which jurisdiction
of the defendant can be legally obtained in the same manner in which jurisdiction could have
been obtained if the claim had arisen in this state; provided, however, the courts of this
state shall apply the doctrine of forum non conveniens in determining whether to accept or
decline to take jurisdiction of an action based upon such claim originating outside this state;
and provided further that, if upon motion of any defendant it is shown that there exists a
more appropriate forum outside this state, taking into...
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8-19-5
means the transmission of information by the use of the telephone, with the specific intent
of defrauding a person by a material misrepresentation and obtaining property from that person
as a result of the fraud. Puffing or puffery does not constitute a scheme or artifice to defraud.
(26) Making any communication by telephone directly to another person which offers to the
other person a gift, award, or prize, where the person making the communication has actual
knowledge at the time of making the communication that the communication was materially false
and the person making the communication specifically intended to deprive the other person
of real or personal property as a result of the false communication. (27) Engaging
in any other unconscionable, false, misleading, or deceptive act or practice in the conduct
of trade or commerce. (Acts 1981, No. 81-355, p. 510, §5; Acts 1993, No. 93-203, §1; Act
99-583, p. 1327, §1; Act 2000-712, p. 1509, §1; Act 2002-496, p. 1276, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-19-5.htm - 12K - Match Info - Similar pages
7-2-206
Section 7-2-206 Offer and acceptance in formation of contract. (1) Unless otherwise unambiguously
indicated by the language or circumstances: (a) An offer to make a contract shall be construed
as inviting acceptance in any manner and by any medium reasonable in the circumstances; (b)
An order or other offer to buy goods for prompt or current shipment shall be construed as
inviting acceptance either by a prompt promise to ship or by the prompt or current shipment
of conforming or nonconforming goods, but such a shipment of nonconforming goods does not
constitute an acceptance if the seller seasonably notifies the buyer that the shipment is
offered only as an accommodation to the buyer. (2) Where the beginning of a requested performance
is a reasonable mode of acceptance, an offeror who is not notified of acceptance within a
reasonable time may treat the offer as having lapsed before acceptance. (Acts 1965, No. 549,
p. 811.)...
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7-2-321
Section 7-2-321 C.I.F. or C. & F.: "Net landed weights"; "payment on arrival";
warranty of condition on arrival. Under a contract containing a term C.I.F. or C. & F.:
(1) Where the price is based on or is to be adjusted according to "net landed weights,"
"delivered weights," "out turn" quantity or quality or the like, unless
otherwise agreed the seller must reasonably estimate the price. The payment due on tender
of the documents called for by the contract is the amount so estimated, but after final adjustment
of the price a settlement must be made with commercial promptness. (2) An agreement described
in subsection (1) or any warranty of quality or condition of the goods on arrival places upon
the seller the risk of ordinary deterioration, shrinkage and the like in transportation but
has no effect on the place or time of identification to the contract for sale or delivery
or on the passing of the risk of loss. (3) Unless otherwise agreed where the contract provides
for payment on or...
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8-32-3
Section 8-32-3 Requirements for selling or offering to sell service contracts. (a) Either the
provider or its designee shall: (1) Provide a receipt for, or other written evidence of, the
purchase of the service contract to the contract holder. (2) Provide a copy of the service
contract to the service contract holder within a reasonable period of time from the date of
purchase. (b) A provider may, but is not required to, appoint an administrator or other designee
to be responsible for any or all of the administration of service contracts and compliance
with this chapter. (c) Each provider of service contracts sold in this state shall file a
registration with the commissioner on a form prescribed by the commissioner. Each provider
shall pay to the commissioner a fee in the amount of two hundred dollars ($200) annually.
All fees collected shall be paid into a special revolving fund to be set up by the State Treasurer
referred to as the "Service Contract Revolving Fund." The Service...
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27-14-7
Section 27-14-7 Application for policy - Representations and misrepresentations, etc. (a) All
statements and descriptions in any application for an insurance policy or annuity contract,
or in negotiations therefor, by, or in behalf of, the insured or annuitant shall be deemed
to be representations and not warranties. Misrepresentations, omissions, concealment of facts
and incorrect statements shall not prevent a recovery under the policy or contract unless
either: (1) Fraudulent; (2) Material either to the acceptance of the risk or to the hazard
assumed by the insurer; or (3) The insurer in good faith would either not have issued the
policy or contract, or would not have issued a policy or contract at the premium rate as applied
for, or would not have issued a policy or contract in as large an amount or would not have
provided coverage with respect to the hazard resulting in the loss if the true facts had been
made known to the insurer as required either by the application for the...
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27-2A-4
Section 27-2A-4 Nonrenewals, cancellations, or revisions of ceded reinsurance agreements. (a)
Materiality and scope. (1) No nonrenewals, cancellations, or revisions of ceded reinsurance
agreements need be reported pursuant to Section 27-2A-2 if the nonrenewals, cancellations,
or revisions are not material. For purposes of this section, a material nonrenewal, cancellation,
or revision is one that affects: a. As respects property and casualty business, including
accident and health business written by a property and casualty insurer: 1. More than 50 percent
of the insurer's total ceded written premium. 2. More than 50 percent of the insurer's total
ceded indemnity and loss adjustment reserves. b. As respects life, annuity, and accident and
health business: More than 50 percent of the total reserve credit taken for business ceded,
on an annualized basis, as indicated in the insurer's most recent annual statement. c. As
respects either property and casualty or life, annuity, and accident...
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34-9-1
Section 34-9-1 Definitions. For the purposes of this chapter, the following terms shall have
the respective meanings ascribed by this section: (1) ANNUAL REGISTRATION. The documentary
evidence that the board has renewed the authority of the licensee to practice dentistry or
dental hygiene in this state. (2) BOARD. The Board of Dental Examiners of Alabama. (3) COMMERCIAL
DENTAL LABORATORY. A technician or group of technicians available to any or all licensed dentists
for construction or repair of dental appliances. (4) GENERAL ANESTHESIA. A controlled state
of unconsciousness, accompanied by a partial or complete loss of protective reflexes, including
inability to independently maintain an airway and respond purposefully to physical stimulation
or verbal command, produced by a pharmacologic method. (5) INFILTRATION ANESTHESIA. A form
of local anesthesia wherein the terminal or peripheral sensory portion of either the maxillary
or mandibular branch of the trigeminal nerve endings are...
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41-16-57
it has been determined that only these goods or services will fulfill the function for which
the product is needed. Frivolous features will not be considered. (2) No other vendor offers
substantially equivalent goods or services that can accomplish the purpose for which the goods
or services are required. (3) All information substantiating the use of a sole source specification
is documented in writing and is filed into the project file. (c)(1) Beginning January 1, 2009,
for purchases of personal property, including on or after June 9, 2011, goods which
are, or are to become, fixtures, in instances where the awarding authority determines that
the total cost of ownership over the expected life of the item or items, including acquisition
costs plus sustaining costs or life cycle costs, can be reasonably ascertained from industry
recognized and accepted sources, the lowest responsible bid may be determined to be the bid
offering the lowest life cycle costs and otherwise meeting all of...
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