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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;...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-61-1.htm - 62K - Match Info - Similar pages
7-9A-618
Section 7-9A-618 Rights and duties of certain secondary obligors. (a) Rights and duties of
secondary obligor. A secondary obligor acquires the rights and becomes obligated to perform
the duties of the secured party after the secondary obligor: (1) receives an assignment of
a secured obligation from the secured party; (2) receives a transfer of collateral from the
secured party and agrees to accept the rights and assume the duties of the secured party;
or (3) is subrogated to the rights of a secured party with respect to collateral. (b) Effect
of assignment, transfer, or subrogation. An assignment, transfer, or subrogation described
in subsection (a): (1) is not a disposition of collateral under Section 7-9A-610; and (2)
relieves the secured party of further duties under this article. (Act 2001-481, p. 647, ยง1.)...
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7-5-114
Section 7-5-114 Assignment of proceeds. (a) In this section, "proceeds of a letter of
credit" means the cash, check, accepted draft, or other item of value paid or delivered
upon honor or giving of value by the issuer or any nominated person under the letter of credit.
The term does not include a beneficiary's drawing rights or documents presented by the beneficiary.
(b) A beneficiary may assign its right to part or all of the proceeds of a letter of credit.
The beneficiary may do so before presentation as a present assignment of its right to receive
proceeds contingent upon its compliance with the terms and conditions of the letter of credit.
(c) An issuer or nominated person need not recognize an assignment of proceeds of a letter
of credit until it consents to the assignment. (d) An issuer or nominated person has no obligation
to give or withhold its consent to an assignment of proceeds of a letter of credit, but consent
may not be unreasonably withheld if the assignee possesses and...
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7-5-109
Section 7-5-109 Fraud and forgery. (a) If a presentation is made that appears on its face strictly
to comply with the terms and conditions of the letter of credit, but a required document is
forged or materially fraudulent, or honor of the presentation would facilitate a material
fraud by the beneficiary on the issuer or applicant: (1) the issuer shall honor the presentation,
if honor is demanded by (i) a nominated person who has given value in good faith and without
notice of forgery or material fraud, (ii) a confirmer who has honored its confirmation in
good faith, (iii) a holder in due course of a draft drawn under the letter of credit which
was taken after acceptance by the issuer or nominated person, or (iv) an assignee of the issuer's
or nominated person's deferred obligation that was taken for value and without notice of forgery
or material fraud after the obligation was incurred by the issuer or nominated person; and
(2) the issuer, acting in good faith, may honor or dishonor...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-5-109.htm - 2K - Match Info - Similar pages
7-4A-207
Section 7-4A-207 Misdescription of beneficiary. (a) Subject to subsection (b), if, in a payment
order received by the beneficiary's bank, the name, bank account number, or other identification
of the beneficiary refers to a nonexistent or unidentifiable person or account, no person
has rights as a beneficiary of the order and acceptance of the order cannot occur. (b) If
a payment order received by the beneficiary's bank identifies the beneficiary both by name
and by an identifying or bank account number and the name and number identify different persons,
the following rules apply: (1) Except as otherwise provided in subsection (c), if the beneficiary's
bank does not know that the name and number refer to different persons, it may rely on the
number as the proper identification of the beneficiary of the order. The beneficiary's bank
need not determine whether the name and number refer to the same person. (2) If the beneficiary's
bank pays the person identified by name or knows that the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-4A-207.htm - 3K - Match Info - Similar pages
11-99A-37
Section 11-99A-37 Appropriations by public persons. A public person may contribute funds or
property of any kind to a district by appropriation, grant, donation of services of municipal
employees or contractors, lease, deed, or other means considered appropriate, for the purpose
of paying in whole or in part any bonds, to pay the costs of acquiring, installing, or constructing
improvements in whole or in part, or to fund in whole or in part any other costs or expenses
of the district, all without an election of any kind. A public person may issue bonds for
the purpose of financing the costs of any funds or property provided to a district. If a public
person provides funds to pay debt service on any bond issue in whole, the public person shall,
if it elects, be subrogated to the rights of the district to the proceeds of the unpaid assessments
to the extent of the funds provided. The district and the public person may contract for the
granting of subrogation with respect to any partial...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-99A-37.htm - 1K - Match Info - Similar pages
22-6-6
Section 22-6-6 Subrogation of state to rights of recipients of medical assistance under program
against persons, etc., causing injury, etc., thereto; manner of enforcement of rights of state;
effect of action by state or recipient against person, etc., causing injury, etc., upon rights
of other; provision of written notice, etc., by recipients instituting civil actions for damages.
(a) If medical assistance is provided to a recipient under the Alabama Medicaid Program for
injuries, disease or sickness caused under circumstances creating a cause of action in favor
of the recipient against any person, firm or corporation, then the State of Alabama shall
be subrogated to such recipient's rights and shall be entitled to recover the proceeds that
may result from the exercise of any rights of recovery which the recipient may have against
any such person, firm or corporation to the extent of the actual amount of the medical assistance
payments made by the Alabama Medicaid Program. The...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-6-6.htm - 2K - Match Info - Similar pages
7-4A-406
Section 7-4A-406 Payment by originator to beneficiary; discharge of underlying obligation.
(a) Subject to Sections 7-4A-211(e), 7-4A-405(d), and 7-4A-405(e), the originator of a funds
transfer pays the beneficiary of the originator's payment order (i) at the time a payment
order for the benefit of the beneficiary is accepted by the beneficiary's bank in the funds
transfer and (ii) in an amount equal to the amount of the order accepted by the beneficiary's
bank, but not more than the amount of the originator's order. (b) If payment under subsection
(a) is made to satisfy an obligation, the obligation is discharged to the same extent discharge
would result from payment to the beneficiary of the same amount in money, unless (i) the payment
under subsection (a) was made by a means prohibited by the contract of the beneficiary with
respect to the obligation, (ii) the beneficiary, within a reasonable time after receiving
notice of receipt of the order by the beneficiary's bank, notified the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-4A-406.htm - 2K - Match Info - Similar pages
7-5-113
Section 7-5-113 Transfer by operation of law. (a) A successor of a beneficiary may consent
to amendments, sign and present documents, and receive payment or other items of value in
the name of the beneficiary without disclosing its status as a successor. (b) A successor
of a beneficiary may consent to amendments, sign and present documents, and receive payment
or other items of value in its own name as the disclosed successor of the beneficiary. Except
as otherwise provided in subsection (e), an issuer shall recognize a disclosed successor of
a beneficiary as beneficiary in full substitution for its predecessor upon compliance with
the requirements for recognition by the issuer of a transfer of drawing rights by operation
of law under the standard practice referred to in Section 7-5-108(e) or, in the absence of
such a practice, compliance with other reasonable procedures sufficient to protect the issuer.
(c) An issuer is not obliged to determine whether a purported successor is a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-5-113.htm - 2K - Match Info - Similar pages
27-14-29
Section 27-14-29 Rights of beneficiaries, etc., under life insurance policies against creditors,
etc. (a) If a policy of insurance, whether heretofore or hereafter issued, is effected by
any person on his own life or on another life in favor of a person other than himself or,
except in cases of transfer with intent to defraud creditors, if a policy of life insurance
is assigned or in any way made payable to any such person, the lawful beneficiary, or assignee
thereof, other than the insured or the person so effecting such insurance or his executors
or administrators, shall be entitled to its proceeds and avails against the creditors, personal
representatives, trustees in bankruptcy, and receivers in state and federal courts of the
person insured and of the person effecting the insurance, whether or not the right to change
the beneficiary is reserved or permitted and whether or not the policy is made payable to
the person whose life is insured, if the beneficiary or assignee shall...
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