Title 21, Insurance

(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…

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.

Article 2. Cancellations and Renewals.

(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…

[Repealed or reserved.]

(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…

(a) 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 shall provide written notice to a policyholder of the specific changes in coverage o…

[Repealed or reserved.]

(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…

(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 45 days before the date the policy expi…

An insurer may not cancel or fail to renew a property insurance policy, or a casualty insurance policy insuring a business or commercial property, as a result of a claim to an insurer made solely to meet a local, state, or federal aid requirement where the insurer does not apply …

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 …

(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…

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…

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 …

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…

(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…

[Repealed or reserved.]

(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…

(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…

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…

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.

(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;…

[Repealed or reserved.]

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…

(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…

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.…

[Repealed or reserved.]

[Repealed or reserved.]

Article 4. Fraud, Crimes, and Investigations.

(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…

(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…

(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…

[Repealed or reserved.]

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…

(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…

(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…

(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 …

Article 5. Specific Acts and Types of Insurance.

(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…

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 …

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…

(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…

(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…

(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 …