Title 21 — Insurance
53 chapters · 1,244 sections in this title.
AS 21.51.010 Applicability.
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Nothing in this chapter applies to or affects (1) a policy of liability or workers' compensation insurance with or without supplementary expense coverage; (2) a group or blanket policy; (3) life insurance, endowment or annuity contracts, or supplemental contracts that contain onl…
AS 21.51.020 Scope, format of policy.
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A policy of health insurance may not be delivered or issued for delivery to a person in this state unless it otherwise complies with this title, and complies with the following: (1) the entire money and other considerations must be expressed in the policy; (2) the time the insura…
AS 21.51.030 Required provisions.
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(a) Except as provided in (b) of this section, each policy delivered or issued for delivery to a person in this state must contain the provisions specified in AS 21.51.040 — 21.51.150, in the words in which the same appear; except, that the insurer may, at its option, substitute …
AS 21.51.040 Entire contract.
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There shall be a provision as follows: “Entire Contract; Changes: This policy, including the endorsements and the attached papers, if any, constitutes the entire contract of insurance. No change in this policy shall be valid until approved by an executive officer of the insurer a…
AS 21.51.050 Time limit on certain defenses.
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There shall be a provision as follows: “Time Limit on Certain Defenses: (1) After three years from the date of issue of this policy no misstatements, except fraudulent misstatements, made by the applicant in the application for the policy shall be used to void the policy or to de…
AS 21.51.060 Grace period.
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(a) There shall be a provision as follows: “Grace Period: A grace period of (insert a number not less than '7' for weekly premium policies, '10' for monthly premium policies and '31' for all other policies) days will be granted for the payment of each premium falling due after th…
AS 21.51.070 Reinstatement.
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(a) Except for a policy offered or renewed in this state on a health care exchange and subject to federal regulations on reinstatement, there shall be a provision as follows: “Reinstatement: If (1) a renewal premium is not paid within the time granted the insured for payment, (2)…
AS 21.51.080 Notice of claim.
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(a) There shall be a provision as follows: “Notice of Claim: Written notice of claim must be given to the insurer within 20 days after the occurrence or commencement of a loss covered by the policy, or as soon thereafter as is reasonably possible. Notice given by or on behalf of …
AS 21.51.090 Claim forms.
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There shall be a provision as follows: “Claim Forms: The insurer, within 10 working days after receipt of a notice of claim, will furnish to the claimant forms that are usually furnished by it for filing proofs of loss. If the forms are not furnished within 10 days after the givi…
AS 21.51.100 Proofs of loss.
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There shall be a provision as follows: “Proofs of Loss: Written proof of loss must be furnished to the insurer at its office in case of claim for loss for which this policy provides periodic payment contingent upon continuing loss within 90 days after the termination of the perio…
AS 21.51.110 Time of payment of claims. [Repealed, § 49 ch 80 SLA 2006.]
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[Repealed or reserved.]
AS 21.51.120 Payment of claims.
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(a) A health insurance policy delivered or issued for delivery must contain the following provisions: (1) indemnity for loss of life shall be paid according to the beneficiary designation and payment provisions contained in the policy that are effective at the time of payment; if…
AS 21.51.130 Physical examination, autopsy.
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There shall be a provision as follows: “Physical Examinations and Autopsy: The insurer at its own expense shall have the right and opportunity to examine the person of the insured when and as often as it may reasonably require during the pendency of a claim hereunder and to make …
AS 21.51.140 Legal actions.
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There shall be a provision as follows: “Legal Actions: No action at law or in equity shall be brought to recover on this policy before the expiration of 60 days after written proof of loss has been furnished in accordance with the requirements of this policy. No action shall be b…
AS 21.51.150 Change of beneficiary.
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There shall be a provision as follows: “Change of Beneficiary: Unless the insured makes an irrevocable designation of beneficiary, the right to change a beneficiary is reserved to the insured and the consent of the beneficiary or beneficiaries shall not be requisite to surrender …
AS 21.51.160 Optional policy provisions.
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Except as provided in AS 21.51.030(b), a policy delivered or issued for delivery to a person in this state may not contain provisions respecting the matters set out in AS 21.51.170 — 21.51.260 unless the provisions are in the words in which the same appear in the applicable secti…
AS 21.51.170 Change of occupation.
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There may be a provision as follows: “Change of Occupation: If the insured is injured or contracts sickness after changing occupations to one classified by the insurer as more hazardous than that stated in this policy or while doing for compensation anything pertaining to an occu…
AS 21.51.180 Misstatement of age.
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There may be a provision as follows: “Misstatement of Age: If the age of the insured has been misstated, all amounts payable under this policy shall be that which the premium paid would have purchased at the correct age.”
AS 21.51.190 Other insurance in this insurer.
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(a) There may be a provision as follows: “Other Insurance in this Insurer: If an accident or sickness or accident and sickness policy or policies previously issued by the insurer to the insured is in force concurrently herewith, making the aggregate indemnity for ........ (insert…
AS 21.51.200 Insurance with other insurers providing benefits for loss on a provision of service or expense incurred basis.
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(a) There may be a provision as follows: “Insurance With Other Insurers: If there is other valid coverage, not with this insurer, providing benefits for the same loss on a provision of service basis or on an expense incurred basis and of which this insurer has not been given writ…
AS 21.51.210 Insurance with other insurers providing benefits for loss on other than an expense incurred basis.
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(a) There may be a provision as follows: “Insurance With Other Insurers: If there is other valid coverage, not with this insurer, providing benefits for the same loss on other than an expense incurred basis and of which this insurer has not been given written notice before the oc…
AS 21.51.220 Relation of earnings to insurance.
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(a) There may be a provision as follows: “Relation of Earnings to Insurance: If the total monthly amount of loss of time benefits promised for the same loss under all valid loss of time coverage upon the insured, whether payable on a weekly or monthly basis, shall exceed the mont…
AS 21.51.230 Unpaid premiums.
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There may be a provision as follows: “Unpaid Premiums: Upon the payment of a claim under this policy, a premium then due and unpaid or covered by a note or written order may be deducted from it.”
AS 21.51.240 Conformity with state statutes.
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There may be a provision as follows: “Conformity with State Statutes: Any provision of this policy which, on its effective date, is in conflict with the statutes of the state in which the insured resides on that date is amended to conform to the minimum requirements of the statut…
AS 21.51.250 Illegal occupation.
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There may be a provision as follows: “Illegal Occupation: The insurer shall not be liable for a loss to which a contributing cause was the insured's commission of or attempt to commit a felony or to which a contributing cause was the insured's being engaged in an illegal occupati…
AS 21.51.260 Intoxicants and narcotics.
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There may be a provision as follows: “Intoxicants and Narcotics: The insurer shall not be liable for a loss sustained or contracted in consequence of the insured's being intoxicated or under the influence of a narcotic unless administered on the advice of a physician.”
AS 21.51.270 Renewal at option of insurer.
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Health insurance policies, other than accident insurance only policies, in which the insurer reserves the right to refuse renewal on an individual basis, must provide in substance in a provision or in an endorsement or rider attached to it that, subject to the right to terminate …
AS 21.51.280 Order of certain provisions.
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The provisions that are the subject of AS 21.51.040 — 21.51.260, or any corresponding provisions that are used in lieu thereof in accordance with these sections, shall be printed in the consecutive order of the provisions in the sections or, at the option of the insurer, the prov…
AS 21.51.290 Third-party ownership.
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The word “insured,” as used in this chapter, may not prevent a person other than the insured with a proper insurable interest from making application for and owning a policy covering the insured or from being entitled under a policy to any indemnities, benefits, and rights provid…
AS 21.51.300 Requirement of other jurisdictions.
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(a) A policy of a foreign or alien insurer, when delivered or issued for delivery to a person in this state, may contain any provision that is not less favorable to the insured or the beneficiary than the provisions of this chapter and that is prescribed or required by the law of…
AS 21.51.310 Conforming to statute.
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(a) A policy provision that is not subject to this chapter may not make a policy, or any portion of a policy, less favorable to the insured or the beneficiary than the provisions of the policy that are subject to this chapter. (b) A policy delivered or issued for delivery to a pe…
AS 21.51.320 Age limit.
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If the policy contains a provision establishing, as an age limit or otherwise, a date after which the coverage provided by the policy will not be effective, and if the date falls within a period for which premium is accepted by the insurer or if the insurer accepts a premium afte…
AS 21.51.330 Franchise health insurance.
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(a) Health insurance on a franchise plan is that form of health insurance issued to (1) five or more employees of a corporation, copartnership, or individual employer or a governmental corporation, agency, or department of them; or (2) 10 or more members, employees, or employees …
AS 21.51.340 Violations. [Repealed, § 22 ch 149 SLA 1984.]
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[Repealed or reserved.]
AS 21.51.400 Renewability and certification.
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A health care insurer that offers a health care insurance plan in the individual market shall comply with the guaranteed renewability requirements established under 42 U.S.C. 300gg-42 and shall comply with the certification of coverage requirements established under 42 U.S.C. 300…
AS 21.51.405 Rate requirements; filings; regulations.
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(a) Rates charged for a health insurance policy may not be excessive, inadequate, or unfairly discriminatory. (b) An insurer shall file with the director the premium rates charged for an individual health care insurance plan before using them. A premium rate or premium rate chang…
AS 21.51.500 Definitions.
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In this chapter, (1) “health care exchange” means an American Health Benefit Exchange established under 42 U.S.C. 18031. (2) “health care insurance plan” has the meaning given in AS 21.54.500; (3) “health care insurer” has the meaning given in AS 21.54.500; (4) “individual market…