53 chapters · 1,244 sections in this title.
AS 21.36.010 Purpose.
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The purpose of this chapter is to regulate an act or a trade practice in the business of insurance in accordance with the intent of Congress as expressed in 15 U.S.C. 1011 — 1015 (McCarran-Ferguson Act) by defining or providing for determination of all the practices in this state…
AS 21.36.020 Unfair methods, deceptive acts prohibited.
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A person may not engage in an act or a trade practice in this state or relative to a subject resident, located, or to be performed in this state that is defined in this chapter as, or determined under this chapter to be, an unfair method of competition or an unfair or deceptive a…
AS 21.36.025 Unfair marketing practices prohibited.
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(a) A person may not violate the applicable provisions of AS 21.56.180. (b) A person may not sell a membership in an association or labor union for the purpose of qualifying an individual for group insurance. (c) A person that sells a membership in an association may not offer gr…
AS 21.36.030 Misrepresentation and false advertising of insurance policies.
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(a) A person may not make, issue, circulate, broadcast, or have made, issued, circulated, or broadcast an estimate, circular, statement, illustration, comparison, assertion, or other written, electronic, or oral presentation that (1) misrepresents the benefits, advantages, condit…
AS 21.36.035 Prohibited advertisements and representations. [Repealed, § 46 ch 119 SLA 2000.]
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[Repealed or reserved.]
AS 21.36.040 False information, advertising.
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A person may not make, publish, disseminate, circulate, or place before the public, or cause, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public, in a newspaper, magazine, or other publication, or in the form of a notice, circular…
AS 21.36.045 [Renumbered as AS 21.36.465.]
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[Repealed or reserved.]
AS 21.36.050 Twisting prohibited.
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A person may not make or issue, or cause to be made or issued, a written or oral statement misrepresenting or making incomplete comparisons as to the terms, conditions, or benefits contained in a policy for the purpose of inducing or attempting or tending to induce the policyhold…
AS 21.36.055 [Renumbered as AS 21.36.470.]
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[Repealed or reserved.]
AS 21.36.060 False or misleading financial statements.
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(a) A person may not knowingly file with a public official, or knowingly make, publish, disseminate, circulate, or deliver to a person, or place before the public, or knowingly cause, directly or indirectly, to be made, published, disseminated, circulated, delivered to a person, …
AS 21.36.065 [Renumbered as AS 21.36.475.]
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[Repealed or reserved.]
AS 21.36.070 Defamation.
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(a) A person may not make, publish, disseminate, or circulate, directly or indirectly, or aid, abet, or encourage the making, publishing, disseminating, or circulating of an oral or written statement or a pamphlet, circular, article, or literature that is false, or maliciously cr…
AS 21.36.080 Boycott, coercion, and intimidation.
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A person may not enter into an agreement to commit, or by any concerted action commit, an act of boycott, coercion, or intimidation resulting in or tending to result in unreasonable restraint of, or monopoly in, the business of insurance.
AS 21.36.090 Unfair discrimination.
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(a) A person may not make or permit unfair discrimination between individuals of the same class and equal expectation of life in the rates charged for a contract of life insurance or of life annuity or in the dividends or other benefits payable thereon, or in any other of the ter…
AS 21.36.093 [Renumbered as AS 21.36.480.]
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[Repealed or reserved.]
AS 21.36.095 [Renumbered as AS 21.36.485.]
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[Repealed or reserved.]
AS 21.36.096 Prohibited denial of claim for causation.
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An insurer may not deny a claim if a risk, hazard, or contingency insured against is the dominant cause of a loss and the denial occurs because an excluded risk, hazard, or contingency is also in a chain of causes but operates on a secondary basis.
AS 21.36.100 Rebates.
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Except as otherwise expressly provided by law, a person may not knowingly permit or offer to make or make a contract of life insurance, life annuity or health insurance, or agreement under the contract other than as plainly expressed in the contract, or pay, allow, give or offer …
AS 21.36.110 Exceptions to discrimination and rebates.
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Nothing in AS 21.36.090, 21.36.100, and AS 21.54.100 may be construed as including within the definition of discrimination or rebates any of the following practices: (1) in the case of a contract of life insurance or life annuity, paying bonuses to policyholders or otherwise abat…
AS 21.36.120 Unfair discrimination and rebates prohibited in property and casualty insurance.
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(a) A property, casualty, or surety insurer or its employee or representative, or an agent, or solicitor may not pay, allow, give, or offer to pay, allow, or give, directly or indirectly, as an inducement to insurance or after insurance has been effected, a rebate, discount, abat…
AS 21.36.122 [Renumbered as AS 21.36.490.]
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[Repealed or reserved.]
AS 21.36.125 Unfair claim settlement practices.
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(a) A person may not commit any of the following acts or practices: (1) misrepresent facts or policy provisions relating to coverage of an insurance policy; (2) fail to acknowledge and act promptly upon communications regarding a claim arising under an insurance policy; (3) fail …
AS 21.36.128 [Renumbered as AS 21.36.495.]
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[Repealed or reserved.]
AS 21.36.130 Stock operations and advisory board contracts.
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A person may not issue or deliver or permit its agents, officers, or employees to issue or deliver, agency company stock or other capital stock, or benefit certificates or shares in a common law corporation, or securities, or an advisory board contract or other similar contract o…
AS 21.36.140 Desist orders for prohibited practices. [Repealed, § 11 ch 163 SLA 1976.]
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[Repealed or reserved.]
AS 21.36.145 [Renumbered as AS 21.36.500.]
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[Repealed or reserved.]
AS 21.36.150 [Renumbered as AS 23.36.900.]
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[Repealed or reserved.]
AS 21.36.155 [Renumbered as AS 21.36.505.]
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[Repealed or reserved.]
AS 21.36.160 Right of debtor or borrower to select insurance producer and insurer.
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If property insurance is required in connection with a debt or loan, the debtor or borrower has the reasonable right to select the insurance producer and insurer through whom the insurance is to be placed if (1) the insurance is provided for the protection of the creditor's or le…
AS 21.36.162 [Renumbered as AS 21.36.510.]
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[Repealed or reserved.]
AS 21.36.164 [Renumbered as AS 21.36.317.]
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[Repealed or reserved.]
AS 21.36.165 [Renumbered as AS 21.36.319.]
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[Repealed or reserved.]
AS 21.36.167 [Renumbered as AS 21.36.321.]
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[Repealed or reserved.]
AS 21.36.168 [Renumbered as AS 21.36.323.]
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[Repealed or reserved.]
AS 21.36.169 [Renumbered as AS 21.36.325.]
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[Repealed or reserved.]
AS 21.36.170 Interlocking ownership, management.
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(a) An insurer may retain, invest in, or acquire the whole or a part of the capital stock of another insurer or insurers, or have a common management with another insurer or insurers, unless the retention, investment, acquisition, or common management is inconsistent with a provi…
AS 21.36.180 Illegal dealing in premiums. [Repealed, § 22 ch 149 SLA 1984.]
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[Repealed or reserved.]
AS 21.36.185 Maintenance of complaint handling records.
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Except for records subject to health carrier grievance reporting and record keeping requirements established under AS 21.07.005, an insurer shall maintain a complete record of all the complaints received by the insurer since the date of the insurer's last market conduct examinati…
AS 21.36.190 Fictitious groups.
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(a) An insurer, whether an authorized or unauthorized insurer, may not make available through a rating plan or form, property, casualty, or surety insurance to a firm, corporation, or association of individuals, a preferred rate or premium based upon a fictitious group of the fir…
AS 21.36.195 Surplus lines brokers and insurance producers; prohibited acts.
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A surplus lines broker or an insurance producer may not fail to provide evidence of insurance, filings, or reports, or fail to maintain the records, or fail to pay the taxes and fees, required under AS 21.34.
AS 21.36.200 False applications, claims, proofs of loss. [Repealed, § 22 ch 149 SLA 1984.]
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Article 2. Cancellations and Renewals.
AS 21.36.210 Limits on cancellation.
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(a) An insurer may not exercise its right to cancel a policy of personal automobile insurance except for the following reasons: (1) nonpayment of premium; or (2) the driver's license or motor vehicle registration of either the named insured or of an operator who resides in the sa…
AS 21.36.212 [Renumbered as AS 21.36.096.]
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[Repealed or reserved.]
AS 21.36.220 Notice of cancellation.
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(a) An insurer may not exercise its right to cancel a personal insurance policy unless, for a named insured who is (1) less than 70 years of age, a written notice of cancellation is mailed to the named insured as required by AS 21.36.260 at least 30 days before the effective date…
AS 21.36.225 Notice of health insurance coverage cancellation, coverage change, or premium change.
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(a) Except for a health care insurance policy subject to AS 21.51.400 or AS 21.54.130, an insurer may not cancel a health insurance policy unless the insurer provides written notice to a policyholder at least 45 days before the effective date of the cancellation. (b) An insurer s…
AS 21.36.230 Statement of reasons. [Repealed, § 47 ch 29 SLA 1987.]
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[Repealed or reserved.]
AS 21.36.235 Notice of premium or coverage changes upon renewal.
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(a) Except as provided in AS 21.36.305, if the renewal premium is increased more than 10 percent for a reason other than an increase in coverage or exposure base, or if after renewal there will be a material restriction or reduction in coverage not specifically requested by the i…
AS 21.36.240 Failure to renew.
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(a) An insurer may only fail to renew a personal insurance policy on the policy's annual anniversary. An insurer may not fail to renew a policy unless a written notice of nonrenewal is mailed to the named insured under AS 21.36.260 at least 20 days for a personal insurance policy…
AS 21.36.250 Cancellation or nonrenewal of automobile insurance.
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When a policy of automobile liability insurance is cancelled, other than for nonpayment of premium, or is not renewed in accordance with AS 21.36.240, the insurer shall notify the named insured of possible eligibility for automobile insurance through the automobile assigned risk …
AS 21.36.255 Premium return or credit.
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(a) If an insurance policy is cancelled, rejected, or rescinded by the (1) insurer, the insurer shall return or credit any unearned premium paid to the agent or broker of record, or directly to the insured or premium finance company, if applicable; or (2) insured, the insurer sha…