Title 21 — Insurance
53 chapters · 1,244 sections in this title.
AS 21.36.260 Proof and method of mailing notice.
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If a notice is required from an insurer under this chapter, the insurer shall (1) mail the notice by first class mail to the last known address of the insured and obtain a certificate of mailing from the United States Postal Service; or (2) transmit the notice by electronic means…
AS 21.36.270 Effect of failure to comply.
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Notwithstanding the failure of an insurer to comply with AS 21.36.210 — 21.36.310, termination of coverage under the policy either by cancellation or nonrenewal is effective on the effective date of any other policy providing similar coverage on the same risk or motor vehicle or …
AS 21.36.280 Immunity of insurer, director, and informer.
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There is no liability on the part of, and a cause of action of any nature may not arise against, the director of insurance or against an insurer, its authorized representatives, agents, or employees, or a person furnishing to the insurer information as to reasons for cancellation…
AS 21.36.290 Policy period.
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(a) A policy with a policy period or term longer than one year or a policy with no fixed expiration date shall be considered to be written for successive policy periods or terms of one year, and termination by an insurer effective on an anniversary date of the policy shall be con…
AS 21.36.300 Applicability of AS 21.36.210 — 21.36.310. [Repealed, § 47 ch 29 SLA 1987.]
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[Repealed or reserved.]
AS 21.36.305 Premium increases on personal automobile insurance policies.
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(a) An insurer may not increase the premium on a personal automobile insurance policy unless the increase applies to all insureds of the same class. (b) An insurer may not increase the premium or add a surcharge to a personal automobile insurance policy because of the issuance of…
AS 21.36.307 Effect of overweight vehicle offenses on personal automobile insurance.
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(a) An insurer may not take adverse action relating to the personal automobile insurance of a driver who commits one or more violations related to an overweight vehicle under AS 45.75.380(a)(10) or (11). (b) In this section, “adverse action” means the cancellation, refusal to ins…
AS 21.36.310 Definitions.
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Article 3. Financial Institutions; Loans; Credit. In AS 21.36.210 — 21.36.310, (1) “business or commercial insurance” means insurance other than personal insurance, reinsurance, life insurance, health insurance, fidelity and surety insurance, title insurance, or an annuity contra…
AS 21.36.317 Licensing of persons in a financial institution.
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A financial institution may not allow a person to transact insurance in an office of the institution or on behalf of the institution, unless the person is licensed as required under AS 21.27.
AS 21.36.319 Anticoercion and antitying.
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(a) A person may not (1) require, as a condition to the lending of money or extension of credit, or a renewal of the loan or extension of credit, that the obligee of the money or credit negotiate a policy or contract of insurance through any particular person or group of persons;…
AS 21.36.320 [Renumbered as AS 21.36.910.]
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[Repealed or reserved.]
AS 21.36.321 Misrepresentation in financial institution sales.
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In the sale of insurance by a financial institution, a person may not engage in any practice or use an advertisement that may tend to mislead or deceive a consumer or cause a consumer to erroneously believe that (1) the insurance is backed by or a return on the insurance is guara…
AS 21.36.323 Disclosures required in financial institution sales.
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(a) In the sale of insurance by a financial institution, a person shall disclose both orally and in writing to a consumer before the initial purchase of insurance that (1) the insurance is not a deposit or other obligation of the person; (2) the insurance is not guaranteed by the…
AS 21.36.325 Definitions for AS 21.36.317 — 21.36.325.
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In AS 21.36.317 — 21.36.325, unless the context otherwise requires, (1) “consumer” means a person who obtains, applies to obtain, or is solicited to obtain insurance from or on behalf of a financial institution; (2) “financial institution” means a bank holding company under 12 U.…
AS 21.36.330 [Renumbered as AS 21.36.920.]
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[Repealed or reserved.]
AS 21.36.340 [Renumbered as AS 21.36.930.]
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[Repealed or reserved.]
AS 21.36.350 [Renumbered as AS 21.36.125(c).]
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Article 4. Fraud, Crimes, and Investigations.
AS 21.36.355 Felony convictions involving dishonesty or breach of trust.
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(a) A person who has a conviction for a felony involving dishonesty or a breach of trust may not engage or participate in the business of insurance without receiving prior written consent by the director or by the insurance regulatory official of the person's home state as requir…
AS 21.36.360 Fraudulent or criminal insurance acts.
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(a) A person may not commit a fraudulent or criminal insurance act involving an insurance transaction that is subject to the provisions of this title. The penalty for a fraudulent or criminal insurance act described in this section is in addition to a civil penalty levied under t…
AS 21.36.365 Immunity for reports on fraud.
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(a) A person is not liable for civil damages for filing a report with or furnishing other information whether written or oral, concerning suspected, anticipated, or completed fraudulent acts to (1) law enforcement officials, their agents, and employees; (2) the National Associati…
AS 21.36.370 [Renumbered as AS 21.36.360(s).]
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[Repealed or reserved.]
AS 21.36.380 Notice on claim form.
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A claim form must contain a statement that states in substance the following: “A person who knowingly and with intent to injure, defraud, or deceive an insurance company files a claim containing false, incomplete, or misleading information may be prosecuted under state law.” A la…
AS 21.36.390 Notice to director.
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(a) An insurer or licensee that has reason to believe that a fraudulent claim has been made against it shall send the director a report disclosing information that the director may require. (b) An insurer or licensee that has reason to believe that an insurance producer with whic…
AS 21.36.400 Confidentiality.
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(a) The papers, reports, documents, and evidence received under AS 21.36.390 or an investigation arising out of information received under AS 21.36.390 are not subject to public inspection for so long as the director considers confidentiality to be in the public interest or reaso…
AS 21.36.410 Out-of-state investigations.
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(a) If material the director seeks to obtain is located outside the state, the material may be made available to the director to examine at the place where the material is located. The director may designate representatives, including officials of the state in which the material …
AS 21.36.420 Premium increases on automobile insurance policies. [Repealed, § 112 ch 62 SLA 1995.]
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Article 5. Specific Acts and Types of Insurance.
AS 21.36.430 Insurance for domestic violence victims and providers of services to victims; records.
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(a) A person transacting insurance in this state may not (1) refuse to issue or renew insurance coverage; (2) limit the scope of insurance coverage; (3) cancel an existing policy of insurance; (4) deny a covered claim; or (5) increase the premium on an insurance policy if the ref…
AS 21.36.440 Required disclosure for failure to provide coverage to an applicant.
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An insurer who refuses to provide insurance coverage to an applicant initially applying for insurance shall (1) inform the applicant that the applicant has a right to know the reason for the refusal; and (2) upon receipt of a written request from the applicant, provide a written …
AS 21.36.450 Definition of insurer for AS 21.36.430 — 21.36.440.
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In AS 21.36.430 — 21.36.440, “insurer” includes (1) an insurer, as defined in AS 21.97.900; (2) a group health plan, as defined in 29 U.S.C. 1167(1) (Employee Retirement Income Security Act of 1974); (3) a health maintenance organization, as defined in AS 21.86.900; (4) a hospita…
AS 21.36.460 Uses of and restrictions on credit history or insurance scoring applicable to personal insurance.
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(a) If an insurer writing personal insurance uses credit information in underwriting or rating a consumer, the insurer shall disclose, either on the insurance application or at the time the insurance application is taken, and at the time of renewal, that the insurer will obtain c…
AS 21.36.461 Extraordinary life circumstances.
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(a) Except as provided in AS 21.36.460(d), an insurer that uses a consumer's credit history or insurance score shall provide reasonable exceptions to the insurer's rates, rating classifications, company or tier placement, or underwriting rules or guidelines for a consumer who has…
AS 21.36.465 Notice of limited motor vehicle insurance.
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(a) An insurance policy that provides coverage only against property damage to a motor vehicle and that does not provide liability coverage required under AS 28.22.101(d) must contain the following statement printed in bold face type: “This policy provides insurance only against …
AS 21.36.470 Violation of viatical settlement provisions prohibited.
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A person may not violate the viatical settlement transaction provisions of AS 21.96.110 or regulations adopted under AS 21.96.110.
AS 21.36.475 Limitation on owner controlled and contractor controlled insurance programs.
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(a) An owner controlled insurance program or a contractor controlled insurance program is subject to both AS 21.39 and AS 21.42, must be approved by the director, and shall be allowed only for a major construction project. Owner controlled and contractor controlled insurance prog…
AS 21.36.480 Genetic information nondiscrimination.
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(a) A health care insurer that offers a health care insurance plan in the individual market shall comply with the genetic information nondiscrimination requirements established under 42 U.S.C. 300gg-53. (b) A health care insurer that offers a health care insurance plan in the gro…
AS 21.36.485 Coverage of children.
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(a) A health care insurer may not deny enrollment of a child under the health care insurance of the child's parent on the ground that the child (1) was born out of wedlock; (2) is not claimed as a dependent on the parent's federal income tax return; (3) does not reside with the p…
AS 21.36.490 Premium financing.
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A person licensed under AS 21.27 may not (1) enter into any insurance transaction in which the premium is financed by other than the licensee unless the person providing the financing is licensed under and in compliance with AS 06.40 or is exempted from licensure under AS 06.40.0…
AS 21.36.495 Prompt payment of health care insurance claims.
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(a) A health care insurer shall pay or deny indemnities under a health care insurance policy, whether or not services were provided by a participating provider, within 30 calendar days after the insurer or a third-party administrator under contract with the insurer receives a cle…
AS 21.36.500 Unfair financial planning practices.
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(a) A person may not represent, directly or indirectly, to be a financial planner, investment adviser, consultant, financial counselor, or similar specialist engaged in the business of giving financial planning or advice relating to investments, insurance, real estate, tax matter…
AS 21.36.505 Health discount plans.
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(a) A person may not sell, market, promote, advertise, or otherwise distribute a health discount plan unless (1) each advertisement, policy, document, information, statement, or other communication regarding the health discount plan and the plan itself contain a statement, in bol…
AS 21.36.510 Nondisclosure of personal financial and personal health information.
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The director shall adopt regulations regarding the release of financial and health information regarding an individual who seeks to obtain, obtains, or has obtained an insurance product or service from a licensee that is to be used primarily for personal, family, or household pur…
AS 21.36.515 Portable electronics insurance.
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(a) Portable electronics insurance may be offered, issued for delivery, issued, or renewed only if the insurer makes available to customers written material stating (1) a summary of the material terms of the insurance, including (A) the identity of the insurer; (B) the identity o…
AS 21.36.520 Unfair trade practices.
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Article 6. Remedies and General Provisions. (a) An insurer providing a health care insurance policy or its pharmacy benefits manager may not (1) interfere with a covered person's right to choose a pharmacy or provider; (2) interfere with a covered person's right of access to a cl…
AS 21.36.900 Procedures as to undefined practices.
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(a) If the director believes that a person engaged in the insurance business is engaging in this state in an unfair method of competition or in an unfair or deceptive act or practice in the conduct of the business that is not defined as being unfair or deceptive under this chapte…
AS 21.36.910 Hearings and order on violation.
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(a) On the complaint of a person or on the motion of the director, the director may conduct an investigation to determine whether a person is engaged in an unfair method of competition or unfair or deceptive act or practice prohibited by this chapter. (b) If there are grounds for…
AS 21.36.920 Injunctive relief.
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The director may seek injunctive relief to aid in the enforcement of the provisions of this chapter.
AS 21.36.930 Provisions of this chapter additional to other law.
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The powers vested in the director by this chapter are in addition to any other powers to enforce penalties, fines, or other forfeitures authorized by law with respect to acts and practices declared in this chapter to be unfair or deceptive.