Title 21 — Insurance
53 chapters · 1,244 sections in this title.
AS 21.27.950 Multi-source generic drug appeal.
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[Repealed or reserved.]
AS 21.27.951 Patient access to clinician-administered drugs.
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(a) An insurer or its pharmacy benefits manager may not (1) refuse to authorize, approve, or pay a provider for providing covered clinician-administered drugs and related services to a covered person if the provider has agreed to participate in the insurer's health care insurance…
AS 21.27.952 Penalties.
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In addition to any other penalty provided by law, if a person violates AS 21.27.945 — 21.27.975, the director may, after notice and hearing, impose a penalty in accordance with AS 21.27.440.
AS 21.27.953 Regulations relating to pharmacy benefits manager claims, grievances, activities, and appeals.
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The director shall adopt regulations that provide standards and criteria for (1) the structure and operation of pharmacy benefits manager reimbursement of pharmacy claims under this chapter; (2) procedures maintained by a pharmacy benefits manager to ensure that a pharmacy has th…
AS 21.27.955 Definitions.
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[Repealed or reserved.]
AS 21.27.975 Definitions.
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Article 10. General Provisions. In AS 21.27.901 — 21.27.975, (1) “affiliate” means a business, pharmacy, pharmacist, or provider who, directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with a pharmacy benefits manager…
AS 21.27.990 Definitions.
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In this chapter, (1) “accredited state” means a state in which the insurance department or regulatory agency of that state has qualified as meeting the minimum financial regulatory standards adopted and established by the National Association of Insurance Commissioners; (2) “affi…
AS 21.33.010 Unauthorized insurers (unadmitted companies). [Repealed, § 2 ch 234 SLA 1968.]
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[Repealed or reserved.]
AS 21.33.011 Purpose.
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The legislature declares that insurance transactions with nonadmitted insurers are so affected with a public interest as to require regulation, taxation, supervision, and control of the transactions and matters relating to nonadmitted insurance as provided in this chapter in orde…
AS 21.33.015 Unauthorized insurance prohibited. [Repealed, § 26 ch 117 SLA 1984.]
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[Repealed or reserved.]
AS 21.33.020 Unauthorized Insurers Process Act. [Repealed, § 2 ch 234 SLA 1968.]
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[Repealed or reserved.]
AS 21.33.021 Service of process on director.
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(a) The transaction of insurance by an unauthorized person or nonadmitted insurer is equivalent to and constitutes an irrevocable appointment by that person or insurer, binding upon the person or insurer, the executor, administrator, or personal representative of the person or in…
AS 21.33.025 Service of process on lieutenant governor.
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(a) The transaction of insurance by an unauthorized person or nonadmitted insurer is equivalent to and constitutes an irrevocable appointment by that person or insurer, binding upon the person or insurer, the executor, administrator, or personal representative of the person or in…
AS 21.33.030 Director process agent. [Repealed, § 2 ch 234 SLA 1968.]
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[Repealed or reserved.]
AS 21.33.031 Defendant's duties and rights.
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(a) Before an unauthorized person or nonadmitted insurer files or causes to be filed a pleading, a court action, suit, or proceeding or a notice, order, pleading, or process in an administrative proceeding before the director instituted against the person or insurer, by service m…
AS 21.33.035 Attorney fees.
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In an action against an unauthorized person or nonadmitted insurer upon a contract of insurance issued or delivered in this state to a resident or to a corporation authorized to do business in this state, if the person or insurer has failed for 30 days after demand before the com…
AS 21.33.037 Acting for or aiding nonadmitted insurers prohibited.
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(a) A person may not directly or indirectly act as agent for, or otherwise represent, assist, or aid on behalf of another, a nonadmitted insurer in the transaction of insurance in this state. (b) This section does not apply to (1) matters authorized to be done by the director; (2…
AS 21.33.040 Service of process. [Repealed, § 2 ch 234 SLA 1968.]
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[Repealed or reserved.]
AS 21.33.041 Contract validity. [Repealed, § 26 ch 117 SLA 1984.]
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[Repealed or reserved.]
AS 21.33.042 Suits by nonadmitted insurers.
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A nonadmitted insurer may not commence or maintain an action in law or equity in this state to enforce a right arising out of a transaction of insurance in this state except with respect to (1) claims under policies lawfully written in this state; (2) liquidation of assets and li…
AS 21.33.045 Investigation and disclosure of insurance contracts.
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(a) When the director has reason to believe that insurance has been effectuated by or for a person in this state with a nonadmitted insurer, the director shall in writing order the person to produce for examination all insurance contracts and other documents evidencing insurance …
AS 21.33.050 Exemptions from service of process provisions. [Repealed, § 2 ch 234 SLA 1968.]
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[Repealed or reserved.]
AS 21.33.051 Reporting of unauthorized insurance. [Repealed, § 26 ch 117 SLA 1984.]
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[Repealed or reserved.]
AS 21.33.055 Unauthorized insurance premium tax.
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(a) Except as to premiums on lawfully procured surplus lines insurance exported under AS 21.34 and premiums on independently procured insurance on which a tax has been paid under AS 21.33.061, every nonadmitted insurer shall pay to the director, on or before March 1 following the…
AS 21.33.060 Defense of action by unauthorized insurer. [Repealed, § 2 ch 234 SLA 1968.]
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[Repealed or reserved.]
AS 21.33.061 Independently procured insurance; premium tax.
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(a) Every insured who procures or causes to be procured or continues or renews insurance with a nonadmitted insurer, or an insured or self-insurer who so procures or continues excess loss, catastrophe or other insurance, upon a subject of insurance resident, located, or to be per…
AS 21.33.063 Agreements with other states.
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The director is authorized to participate in an agreement with another state for the purposes of collecting and disbursing to the other state any premium tax collected under this chapter and payable to the other state and for receiving from the other state premium tax it has coll…
AS 21.33.065 Penalties.
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(a) A person other than an insured, who in this state represents or aids a nonadmitted insurer in violation of AS 21.33.037, is subject to a civil penalty of not more than $50,000 in addition to applicable criminal penalties and other penalties prescribed in this title. (b) In ad…
AS 21.33.068 Venue. [Repealed, § 26 ch 117 SLA 1984.]
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[Repealed or reserved.]
AS 21.33.070 Attorney fees. [Repealed, § 2 ch 234 SLA 1968.]
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[Repealed or reserved.]
AS 21.33.071 Secs. 21.33.071 , 21.33.075. Insurer and insurance business defined; exceptions. [Repealed, § 26 ch 117 SLA 1984.]
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[Repealed or reserved.]
AS 21.33.080 Secs. 21.33.080 — 21.33.300. Surplus Lines Insurance Law. [Repealed, § 26 ch 117 SLA 1984.]
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[Repealed or reserved.]
AS 21.33.310 Exemptions from surplus line law. [Repealed, § 13 ch 21 SLA 1985.]
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[Repealed or reserved.]
AS 21.33.320 [Renumbered as AS 21.33.900.]
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[Repealed or reserved.]
AS 21.33.330 Surplus line broker defined. [Repealed, § 13 ch 21 SLA 1985.]
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[Repealed or reserved.]
AS 21.33.900 Records of insureds.
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In order that the director may effectively administer this chapter, a person who has placed insurance with an unauthorized insurer shall, upon the director's order, produce for the examination of the director all policies and other documents evidencing the insurance and shall dis…
AS 21.33.910 Definitions.
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In this chapter, (1) “export” means to place surplus lines insurance with a nonadmitted insurer; (2) “transaction of insurance” means the solicitation, negotiation, procurement, effectuation, or renewal of insurance; forwarding of applications; delivery of policies or contracts; …
AS 21.34.010 Purpose.
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The legislature declares that insurance transactions with nonadmitted insurers are so affected with a public interest as to require regulation, taxation, supervision, and control of the transactions and matters relating to nonadmitted insurance. The purpose of this chapter includ…
AS 21.34.020 Placement of surplus lines insurance.
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(a) Insurance other than reinsurance, wet marine and transportation insurance, insurance independently procured, life insurance, health insurance except as provided in AS 21.34.035, and annuity contracts may be procured through a surplus lines broker licensed under AS 21.27 from …
AS 21.34.025 Subscription policies or joint underwriting in combination with admitted insurers.
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Subscription policies or joint underwriting of insurance other than reinsurance, wet marine and transportation insurance, insurance independently procured, life insurance, health insurance, and annuity contracts by a combination of authorized insurers and nonadmitted insurers is …
AS 21.34.030 Workers' compensation insurance.
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(a) Workers' compensation insurance may be placed in and written by a nonadmitted insurer if (1) the director considers it in the best interest of the public and issues an order to that effect; (2) the insurance is written in accordance with this chapter; and (3) all conditions e…
AS 21.34.035 Health care insurance.
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(a) Except for a multiple employer welfare arrangement, health care insurance may be placed in and written by a nonadmitted insurer if (1) the director finds it is in the best interest of the public and issues an order to that effect; and (2) the insurance is in compliance with t…
AS 21.34.040 Eligible surplus lines insurers required.
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(a) Coverage may be placed in a nonadmitted insurer by a surplus lines broker only if (1) at the time of placement, the nonadmitted insurer meets all the requirements of this section; and (2) the surplus lines broker is licensed under AS 21.27. (b) The nonadmitted insurer must es…
AS 21.34.050 Listing eligible surplus lines insurers.
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(a) In addition to meeting the requirements of AS 21.34.040, a nonadmitted insurer shall be considered an eligible surplus lines insurer if it appears on the most recent list of eligible surplus lines insurers published by the director. The list is to be published at least semian…
AS 21.34.060 Other nonadmitted insurers.
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Only that portion of a risk eligible for export for which the full amount of coverage is not procurable from eligible surplus lines insurers may be placed with another nonadmitted insurer that does not appear on the list of eligible surplus lines insurers published under AS 21.34…
AS 21.34.070 Declaration of ineligibility.
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(a) If after a review of a nonadmitted insurer and consideration of factors including quality of management, capital and surplus of a parent company, underwriting profit, investment income trends, trade practices, reserving practices, company record, and reputation within the ind…
AS 21.34.080 Transaction report; evidence of insurance.
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(a) A surplus lines broker shall execute and file with the report required by AS 21.34.170 a written report, which shall be kept confidential, regarding each surplus lines insurance transaction occurring in the preceding period. The report must include (1) the name and address of…
AS 21.34.090 Surplus lines association.
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(a) A surplus lines association of surplus lines brokers may be formed to (1) facilitate and encourage compliance by its members with the laws of this state and the regulations relative to surplus lines insurance; (2) attend National Association of Insurance Commissioners meeting…
AS 21.34.100 Evidence of insurance.
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(a) When surplus lines insurance is placed, the surplus lines broker shall promptly deliver to the named insured or the producing broker the policy or, if the policy is not then available, a cover note, binder, or other evidence of insurance. The cover note, binder, or other evid…
AS 21.34.110 Surplus lines broker's duty to notify insured.
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(a) A contract of insurance placed by a surplus lines broker under this chapter is not binding upon the insured and a premium charged is not due and payable until (1) the surplus lines broker has notified the insured in writing, a copy of which shall be maintained by the surplus …