Title 21 — Insurance
53 chapters · 1,244 sections in this title.
AS 21.34.120 Validity of surplus lines contracts.
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Insurance contracts procured under this chapter shall be valid and enforceable as to all parties.
AS 21.34.130 Effect of payment to surplus lines broker.
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A payment of premium to a surplus lines broker acting for a person other than itself in negotiating, continuing, or reviewing a policy of insurance under this chapter, is considered to be payment to the insurer, notwithstanding conditions or stipulations in the policy or contract…
AS 21.34.140 Licensing of surplus lines brokers. [Repealed, § 223 ch 67 SLA 1992.]
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[Repealed or reserved.]
AS 21.34.150 Surplus lines brokers may accept business from other brokers.
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A surplus lines broker licensed by this state may originate surplus lines insurance or accept surplus lines insurance from another surplus lines broker licensed by this state or a producing broker licensed by this state as to the kind and class of insurance involved. The surplus …
AS 21.34.160 Records of surplus lines broker. [Repealed, § 223 ch 67 SLA 1992.]
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[Repealed or reserved.]
AS 21.34.170 Quarterly reports, summary of exported business.
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(a) A surplus lines broker shall file with the director, on forms prescribed by the director, a report of all surplus lines insurance, by type of insurance as required to be reported in the annual statement that must be filed with the director by admitted insurers. The report mus…
AS 21.34.180 Surplus lines tax.
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(a) In addition to collecting the full amount of gross premiums written by an insurer for surplus lines insurance, the surplus lines broker shall collect and pay to the director a tax of 2.7 percent on the net premium, which is the total gross premiums written, less any return pr…
AS 21.34.190 Filing fee.
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(a) The fee for filing the statement under AS 21.34.180(e) is an amount equal to one percent on gross premium charged less any return premiums as reported on the statement. The surplus lines broker shall pay the fee at the time of filing of the statement. (b) If the filing fee is…
AS 21.34.200 Collection of taxes and fees.
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(a) If the tax collectible under AS 21.34.180 or the fee collectible under AS 21.34.190 by a surplus lines broker is not paid within the time prescribed, the tax, fee, or both, and late payment fees, along with appropriate penalties, may be collected by distraint or by an action …
AS 21.34.210 Suspension, revocation, or non-renewal of surplus lines broker license. [Repealed, § 223 ch 67 SLA 1992.]
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[Repealed or reserved.]
AS 21.34.220 Actions against surplus lines insurer; service of process.
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(a) A surplus lines insurer may be sued upon a cause of action arising in this state under a surplus lines insurance contract made by it or evidence of insurance issued or delivered by the surplus lines broker under the procedure provided in AS 21.33. A policy issued by the surpl…
AS 21.34.230 Penalties.
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(a) In addition to any other penalty provided by law, a person that the director determines under AS 21.06.170 — 21.06.240 has violated the provisions of this chapter is subject to (1) a civil penalty equal to the compensation promised, paid or to be paid, directly or indirectly,…
AS 21.34.240 Severability.
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If any provision of this chapter, or the application of a provision of this chapter to any person or circumstance, is held invalid, the remainder of the chapter and the application of that provision to persons or circumstances, other than those as to which it is held invalid, sha…
AS 21.34.250 Regulations.
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The director may adopt regulations to implement, define, and enforce the provisions of this chapter.
AS 21.34.900 Definitions.
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In this chapter, (1) “affiliate” or “affiliated” means, with respect to an insured, any entity that controls, is controlled by, or is under common control with the insured; (2) “affiliated group” means any group of entities that are all affiliated; (3) “capital” means money paid …
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.]