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27-32-30
Section 27-32-30 Claims upon liquidation of insurer - Allowance. (a) No contingent and unliquidated
claim shall share in a distribution of the assets of an insurer which has been adjudicated
to be insolvent by an order made pursuant to this chapter; except, that such claim shall be
considered, if properly presented, and may be allowed to share where: (1) Such claim becomes
absolute against the insurer on or before the last day for filing claims against the assets
of such insurer; or (2) There is a surplus and the liquidation is thereafter conducted upon
the basis that such insurer is solvent. (b) Where an insurer has been so adjudicated to be
insolvent, any person who has a cause of action against an insured of such insurer under a
liability insurance policy issued by such insurer shall have the right to file a claim in
the liquidation proceeding, regardless of the fact that such claim may be contingent, and
such claim may be allowed: (1) If it may be reasonably inferred from the proof...
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28-4-250
Section 28-4-250 Authorization and procedure generally. Prohibited liquors and beverages kept,
stored or deposited in any place in this state for the purpose of sale or unlawful disposition
or unlawful furnishing or distribution and the vessels and receptacles in which such liquors
are contained are declared to be contraband and are forfeited to the state when seized and
may be condemned for destruction as provided in this article, and prohibited liquors and beverages
may be searched for, seized and ordered to be destroyed as set forth in this article. In all
criminal prosecutions against any person for violating the provisions of the prohibition laws
of this state, the court, upon a conviction, may order the destruction of such prohibited
liquors or beverages as had been sold, offered for sale, had, kept in possession for sale
or otherwise disposed of by the defendant, or had been employed by him for use or disposition
at any unlawful drinking place or had been kept or used in...
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40-10-83
Section 40-10-83 Effect of payment by original owner or assignee. THIS SECTION WAS AMENDED
BY ACT 2018-494 IN THE 2018 REGULAR SESSION, EFFECTIVE JANUARY 1, 2020. TO SEE THE AMENDED
VERSION, SEE THE VERSION LABELED PENDING. When the action is against the person for whom the
taxes were assessed or the owner of the land at the time of the sale, his or her heir, devisee,
vendee or mortgagee, the court shall, on motion of the defendant made at any time before the
trial of the action, ascertain (i) the amount paid by the purchaser at the sale and of the
taxes subsequently paid by the purchaser, together with 12 percent per annum thereon, subject
to the limitations set forth in Section 40-10-122(a); (ii) with respect to property located
within an urban renewal or urban redevelopment project area designated pursuant to Chapters
2 or 3 of Title 24, all insurance premiums paid or owed by the purchaser for casualty loss
coverage on insurable structures and the value of all permanent improvements...
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6-5-755
Section 6-5-755 Recovery; contribution. (a) In an action against a manufacturer and one or
more other defendants, including other manufacturers, for death or injury to person
or damage to property arising out of an accident, the right of the plaintiff to recover jointly
and severally against such defendants found liable is preserved. (b) Notwithstanding subsection
(a), in an action arising out of such accident, if the respective or comparative responsibility
of tortfeasors is an issue, then the jury shall return special verdicts, or in the absence
of a jury the court shall make special findings, allocating the percentage of responsibility
attributable to each defendant found to have proximately caused the accident. (c) Responsibility
for the accident may be allocated to a nonparty in an action under the procedure described
in subsection (b) if each of the following requirements are satisfied: (1) A defendant affirmatively
pleads the responsibility of a nonparty as a proximate cause of...
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2-27-56
be written by a corporate surety company qualified to do business in Alabama. A liability insurance
policy in an amount equal to not less than the amount of the bond insuring the licensee against
legal liability proximately caused by his custom application of pesticides and written by
an insurance company qualified and authorized to do business in the State of Alabama or by
an eligible surplus line insurer or insurers, acceptable to the Commissioner of Insurance,
may be filed with the commissioner in lieu of the surety bond as required in this section.
The total and aggregate of the insurer for all claims shall be limited to the face amount
of the liability insurance policy. A reasonable deductible clause may be included therein
in an amount acceptable to the commissioner. The liability insurance policy need not apply
to damages or injury to agricultural crops, plants or land being worked upon by licensee.
(Acts 1971, No. 1957, p. 3177, §5; Acts 1971, 3rd Ex. Sess., No. 79, p. 4288.)...
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27-23-2
Section 27-23-2 Rights of judgment creditors. Upon the recovery of a final judgment against
any person, firm, or corporation by any person, including administrators or executors, for
loss or damage on account of bodily injury, or death or for loss or damage to property,
if the defendant in such action was insured against the loss or damage at the time when the
right of action arose, the judgment creditor shall be entitled to have the insurance money
provided for in the contract of insurance between the insurer and the defendant applied to
the satisfaction of the judgment, and if the judgment is not satisfied within 30 days after
the date when it is entered, the judgment creditor may proceed against the defendant and the
insurer to reach and apply the insurance money to the satisfaction of the judgment. (Acts
1953, No. 283, p. 350; Acts 1971, No. 407, p. 707, §485.)...
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37-2-44
Section 37-2-44 Rights of action not waived; penalties cumulative. This chapter shall not release
or waive any right of action by the state, the commission or by any body politic, municipal
corporation, person or corporation for any right or penalty which may have arisen or accrued
or may hereafter arise or accrue under any law of this state. All penalties accruing under
this chapter shall be cumulative of each other, and an action for the recovery of one penalty
shall not be a bar to or affect the recovery of any other penalty or be a bar to any criminal
prosecution against any transportation company, or any officer, director, agent, or employee
thereof, or any other corporation or person. (Acts 1920, No. 42, p. 92; Code 1923, §9728;
Code 1940, T. 48, §161.)...
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45-37-243.07
Section 45-37-243.07 Violations; contraband beverages. Among others the following acts and
omissions shall be unlawful: (1) It shall be unlawful for any person to sell, offer for sale,
or deliver within any county subject to this subpart any alcoholic, spirituous, vinous, or
fermented liquor on which the license tax herein levied has not been paid. (2) The judge of
probate, license commissioner, director of county department of revenue, or other public officer
performing like duties in such counties, his or her agent, or any peace officer of the county
shall have authority to seize without warrant any and all alcoholic, spirituous, vinous, or
fermented liquors which are on hand for or are being sold in any place operating without a
license from the Alabama Alcoholic Beverage Control Board or any such beverages on which the
license tax levied by this subpart has not been paid including the containers or packages
in which such alcoholic, spirituous, vinous, or fermented liquors are found...
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6-5-272
Section 6-5-272 Conviction or plea of guilty not prerequisite to suit; letter of demand for
remittance. (a) A conviction or a plea of guilty to the criminal offense of theft of property
as defined in Title 13A, Chapter 8, is not a prerequisite to the bringing of a civil suit,
obtaining a judgment, or collecting that judgment under this article. (b) The fact that a
merchant may bring a civil action against an individual as provided in this article shall
not limit the right of the merchant to demand, in writing as set out in subsection (c) below,
that a person who is liable for damages and penalties under this article remit the damages
and penalties prior to the consideration of the commencement of any legal action. (c) The
demand letter must be prepared and include the following: On (insert date), you were apprehended
for taking possession of, without paying for, merchandise belonging to (name of retailer/merchant).
Under Alabama statute, a retailer/merchant is granted a civil cause of...
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25-6-4
Section 25-6-4 Acceptance of insurance benefits, etc., not to bar action, etc.; setoff. No
contract of employment, insurance, relief benefit or indemnity for injury or death
entered into by or on behalf of any employee, nor the acceptance of any such insurance, relief
benefit or indemnity by the person entitled thereto shall constitute any bar or defense to
any action brought to recover damages for personal injuries to or death of such employee,
but, upon the trial of such action against any employer, the defendant may set off therein
any sum he has contributed toward any such insurance, relief benefit, or indemnity that may
have been paid to the injured employee or, in case of death, to his personal representative.
(Code 1907, §3913; Code 1923, §7601; Code 1940, T. 26, §329.)...
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