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19-1-7
Section 19-1-7 Deposit in name of fiduciary as such. If a deposit is made in a bank to the
credit of a fiduciary as such, the bank is authorized to pay the amount of the deposit or
any part thereof upon the check of the fiduciary, signed with the name in which such deposit
is entered without being liable to the principal, unless the bank pays the check with actual
knowledge that the fiduciary is committing a breach of his obligation as fiduciary in drawing
the check or with knowledge of such facts that its action in paying the check amounts to bad
faith. If, however, such a check is payable to the drawee bank and is delivered to it in payment
of or as security for a personal debt of the fiduciary to it, the bank is liable to the principal
if the fiduciary in fact commits a breach of his obligation as fiduciary in drawing or delivering
the check. (Acts 1943, No. 557, p. 544, §7.)...
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27-4-11
Section 27-4-11 Refund of taxes or licenses paid by mistake. (a) Where any taxpayer in the
payment of taxes or payments of licenses which are paid directly to the commissioner and where
by a mistake of fact or law has paid an amount in excess of the amount due or has made an
erroneous payment, the Comptroller is authorized to draw his warrant on the Treasurer in favor
of such taxpayer and the Treasurer is authorized to pay such warrant for the amount of such
overpayment or erroneous payment. (b) Before any refund under this section can be made the
taxpayer, his heirs, successors or assigns shall file, in duplicate, a petition directed to
the commissioner, setting up the fact relied on to procure the refunding of the money erroneously
paid. Such application must be made within three years from the date of such payment. (c)
The commissioner shall examine said petition and the records of the Department of Insurance,
and if the facts set forth in the petition are such as to entitle the...
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7-3-411
Section 7-3-411 Refusal to pay cashier's checks, teller's checks, and certified checks. (a)
In this section, "obligated bank" means the acceptor of a certified check or the
issuer of a cashier's check or teller's check bought from the issuer. (b) If the obligated
bank wrongfully (i) refuses to pay a cashier's check or certified check, (ii) stops payment
of a teller's check, or (iii) refuses to pay a dishonored teller's check, the person asserting
the right to enforce the check is entitled to compensation for expenses and loss of interest
resulting from the nonpayment and may recover consequential damages if the obligated bank
refuses to pay after receiving notice of particular circumstances giving rise to the damages.
(c) Expenses or consequential damages under subsection (b) are not recoverable if the refusal
of the obligated bank to pay occurs because (i) the bank suspends payments, (ii) the obligated
bank asserts a claim or defense of the bank that it has reasonable grounds to...
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7-3-501
Section 7-3-501 Presentment. (a) "Presentment" means a demand made by or on behalf
of a person entitled to enforce an instrument (i) to pay the instrument made to the drawee
or a party obliged to pay the instrument or, in the case of a note or accepted draft payable
at a bank, to the bank, or (ii) to accept a draft made to the drawee. (b) The following rules
are subject to Article 4, agreement of the parties, and clearing-house rules and the like:
(1) Presentment may be made at the place of payment of the instrument and must be made at
the place of payment if the instrument is payable at a bank in the United States; may be made
by any commercially reasonable means, including an oral, written, or electronic communication;
is effective when the demand for payment or acceptance is received by the person to whom presentment
is made; and is effective if made to any one of two or more makers, acceptors, drawees, or
other payors. (2) Upon demand of the person to whom presentment is made, the...
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45-37-123.101
Section 45-37-123.101 Postretirement joint survivorship pension. (a) Election of postretirement
joint survivorship pension. In lieu of a benefit under subsections (a) to (c), inclusive,
of Section 45-37-123.100, superannuation retirement benefit, early retirement benefit, or
deferred retirement benefit, respectively, a member may elect to receive a postretirement
joint survivorship pension. (1) PERCENTAGE ELECTION. In the event that a member desires to
elect pursuant to this subsection to receive a postretirement joint survivorship pension,
he or she shall elect one of the following percentages, which election shall be the actuarial
equivalent of the monthly retirement benefit provided in subsections (a) to (c), inclusive,
of Section 45-37-123.100, as applicable: a. Reduced monthly benefit payable over the life
of the member and the life of the member's designated beneficiary, 50 percent postretirement
joint survivorship pension. b. Reduced monthly benefit payable over the life of the...
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5-2A-21
Section 5-2A-21 Assessment of banks - Fees for failure to pay assessment; proceedings for collection
of assessment. Each bank failing to make payments of assessments on call made by the superintendent
within 30 days after receiving notice from the superintendent of the amount of the assessment,
shall pay to the state $100.00 for each day after such 30-day period. Such sum, together with
the amount due from the bank, may be collected by civil action from the bank in the name of
the state against the bank, and the Attorney General shall represent the superintendent in
proper proceedings to enforce the collection of the assessment, together with the amount provided
in this section. (Acts 1980, No. 80-658, §5-2-4.)...
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18-1A-215
Section 18-1A-215 Effect of failure to pay judgment. (a) If the plaintiff fails to make full
payment of the judgment, or of the full amount awarded for any separate item or parcel of
property described therein, within the time allowed under Section 18-1A-214, the defendant
may treat the failure to make payment as an abandonment of the condemnation action with respect
to the property for which payment has not been made, and may move to vacate the judgment and
for a dismissal under Section 18-1A-230. (b) In determining questions arising under subsection
(a), the circuit court may make appropriate orders to adjust the rights of the parties, including
orders with respect to the possession and use of the property and the performance of any work
thereon, and may award damages, interest, and costs to the defendant as justice requires.
(Acts 1985, No. 85-548, p. 802, §1206.)...
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27-1-19
Section 27-1-19 Reimbursement of health care providers. (a) The insured, or health or dental
plan beneficiary may assign reimbursement for health or dental care services directly to the
provider of services. Health benefits include medical, pharmacy, podiatric, chiropractic,
optometric, durable medical equipment, and home care services. The company or agency, when
authorized by the insured, or health or dental plan beneficiary, shall pay directly to the
health care provider the amount of the claim, under the same criteria and payment schedule
that would have been reimbursed directly to the contract provider, and any applicable interest.
This amount only applies to assigned claims. Any company or agency making a payment to the
insured, or health or dental plan beneficiary, after the rights of reimbursement have been
assigned to the provider of services, shall be liable to the provider for the payment. If
the company or agency fails to reimburse the provider in accordance with the terms...
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7-5-111
Section 7-5-111 Remedies. (a) If an issuer wrongfully dishonors or repudiates its obligation
to pay money under a letter of credit before presentation, the beneficiary, successor, or
nominated person presenting on its own behalf may recover from the issuer the amount that
is the subject of the dishonor or repudiation. If the issuer's obligation under the letter
of credit is not for the payment of money, the claimant may obtain specific performance or,
at the claimant's election, recover an amount equal to the value of performance from the issuer.
In either case, the claimant may also recover incidental but not consequential damages. The
claimant is not obligated to take action to avoid damages that might be due from the issuer
under this subsection. If, although not obligated to do so, the claimant avoids damages, the
claimant's recovery from the issuer must be reduced by the amount of damages avoided. The
issuer has the burden of proving the amount of damages avoided. In the case of...
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28-3-54
Section 28-3-54 Refund on overpayment or erroneous payment of taxes or licenses and of prepaid
taxes where loss sustained prior to sale at retail; petition. Where any licensee of the Alcoholic
Beverage Control Board in the payment of taxes or licenses which are paid directly to the
board, and where, by a mistake of fact or law, has paid an amount in excess of the amount
due or has made an erroneous payment, or where taxes have been prepaid to the board and the
alcoholic beverages upon which the tax has been prepaid is, prior to the sale of the same
at retail, lost or destroyed by fire, theft or casualty or is damaged by fire or other casualty
resulting in destruction of or damage to the beverages or beverage containers, the Comptroller
is authorized to draw his warrant on the Treasurer in favor of such licensee, and the Treasurer
is authorized to pay such warrant for the amount of such overpayment or erroneous payment
or prepayment of taxes or licenses. Provided, however, claims for...
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