Title 21 — Insurance
53 chapters · 1,244 sections in this title.
AS 21.42.040 Interest of named insured.
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When the name of the person insured is specified in a policy insuring property the insurance can be applied only to the proper interest of the person insured.
AS 21.42.050 Change of interest on death.
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A change of interest, by will or succession, on the death of the insured does not avoid an insurance of property and the insurance passes to the person taking an interest in the thing insured.
AS 21.42.060 Transfer of interest between joint insureds.
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A transfer of interest by one of the several partners, joint owners, or owners in common, who are jointly insured, to the others, does not avoid an insurance of property even though it has been agreed that the insurance shall cease upon an alienation of the thing insured.
AS 21.42.070 Insurance without interest, or of wager, is void.
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(a) A stipulation in a policy of insurance of property for the payment of loss without regard to absence of an insurable interest in the property on the part of the insured, or that the policy shall be received as proof of the interest, is void. (b) A policy executed by way of ga…
AS 21.42.075 Reimbursement of losses.
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An insurer may make a filing for approval by the director that provides for reimbursement by an insured of losses paid by the insurer under a workers' compensation insurance policy. A form that alters the obligation of the insurer to an employee under AS 23.30.025 or 23.30.030 ma…
AS 21.42.080 Capacity to contract.
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(a) A person of competent legal capacity may contract for insurance. (b) [Repealed, § 25 ch 245 SLA 1970.] (c) [Repealed, § 25 ch 245 SLA 1970.] (d) [Repealed, § 25 ch 245 SLA 1970.]
AS 21.42.090 Application required, life and health insurance.
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A life or health insurance contract upon an individual, except a contract of group life insurance or of group or blanket health insurance, may not be made or effectuated unless at the time of the making of the contract the individual insured, being of competent legal capacity to …
AS 21.42.100 Request for copy of application; alteration.
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(a) If a policy of life or health insurance delivered in this state is reinstated or renewed, and the insured or the beneficiary or assignee of the policy makes written request to the insurer for a copy of the application, if any, for the reinstatement or renewal, the insurer sha…
AS 21.42.110 Representations in applications.
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All statements and descriptions in an application for an insurance policy or annuity contract, or in negotiations for the policy or contract, by or in behalf of the insured or annuitant, shall be considered to be representations and not warranties. Misrepresentations, omissions, …
AS 21.42.120 Filing, approval of forms.
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(a) A basic insurance policy or annuity contract form, or application form where written application is required and is to be made a part of the policy or contract, or printed rider or endorsement form or form of renewal certificate, may not be delivered, or issued for delivery i…
AS 21.42.123 Form filing subject to prior approval.
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(a) A prior approval filing shall be made not less than 30 days before the effective date. At the end of the 30-day period, the form filed shall be considered approved unless, before the end of the 30-day period, it has been affirmatively disapproved by the director. Approval of …
AS 21.42.125 Form filing subject to file and use; penalties.
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(a) A file and use filing shall be filed with the director for a waiting period of not less than 30 days. The period may be extended by the director or the insurer or rating organization for an additional 30 days if notice is given within the initial 30-day period that additional…
AS 21.42.130 Grounds for disapproval.
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The director shall disapprove a form filed under AS 21.42.120 or withdraw a previous approval of the form only if the form (1) is in any respect in violation of or does not comply with this title; (2) contains or incorporates by reference, where incorporation is permissible, an i…
AS 21.42.140 Standard provisions.
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(a) Insurance contracts must contain the standard or uniform provisions that are required by the applicable provisions of this title pertaining to contracts of particular kinds of insurance. The director may waive the required use of a particular provision in a particular insuran…
AS 21.42.145 Stop-loss insurance provisions.
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(a) An insurance company licensed under AS 21.09, a hospital or medical service corporation licensed under AS 21.87, a fraternal benefit society licensed under AS 21.84, a health maintenance organization licensed under AS 21.86, or a multiple employer welfare arrangement may not …
AS 21.42.150 Policy must contain entire contract.
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The policy, when issued, shall contain the entire contract between the parties, and neither the insurer nor its agent or representative, nor a person insured by the policy, may make an agreement as to the insurance that is not expressed in the policy. This section does not prohib…
AS 21.42.160 Contents of policies in general.
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(a) Each policy must specify (1) the names of the parties of the contract; (2) the subject of the insurance; (3) the risks insured against; (4) the time when the insurance thereunder takes effect and the period during which the insurance is to continue; (5) the premium; (6) the c…
AS 21.42.170 Additional policy contents.
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A policy may contain additional provisions not inconsistent with this title that are (1) required to be inserted by the laws of the insurer's domicile; (2) necessary, on account of the manner in which the insurer is constituted or operated, in order to state the rights and obliga…
AS 21.42.175 Non-English translations.
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(a) The director may approve an insurance policy form in a language other than English if the insurance policy form (1) is filed with a copy of the same material in English; and (2) discloses, in both English and the language other than English, that the English language version …
AS 21.42.180 Charter, bylaw provisions.
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A policy may not contain a provision purporting to make a portion of the charter, bylaws, or other constituent document of the insurer, other than the subscribers' agreement or power of attorney of a reciprocal insurer, a part of the contract unless the portion is set forth in fu…
AS 21.42.190 Execution of policies.
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(a) Each insurance policy shall be executed in the name of and on behalf of the insurer by its officer, attorney-in-fact, employee, or representative duly authorized by the insurer. (b) A facsimile signature of the executing individual may be used in lieu of an original signature…
AS 21.42.200 Underwriters' and combination policies.
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(a) Two or more authorized insurers may jointly issue, and shall be jointly and severally liable on, an underwriters' policy bearing their names. Any one insurer may issue policies in the name of an underwriter's department and the policy must plainly show the true name of the in…
AS 21.42.205 Coordination of benefits.
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(a) Unless prohibited by federal law, an insurer authorized under AS 21.09 to offer, issue for delivery, deliver, or renew an individual or group health insurance policy for major medical coverage on an expense incurred basis; a health maintenance organization authorized under AS…
AS 21.42.210 Interest in reinsurance.
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The original insured has no interest in a contract of reinsurance.
AS 21.42.220 Validity of noncomplying forms.
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An insurance policy, rider, or endorsement issued and otherwise valid that contains a condition or provision not in compliance with the requirements of this title, is not thereby rendered invalid but shall be construed and applied in accordance with the conditions and provisions …
AS 21.42.230 Construction of policies.
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Each insurance contract shall be construed according to the entirety of its terms and conditions as set out in the policy and as amplified, extended, or modified by a rider, endorsement, or application that is a part of the policy.
AS 21.42.240 Binders.
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(a) A binder or other contract for temporary insurance may be made orally or in writing and shall be considered to include all the usual terms of the policy as to which the binder was given together with the applicable endorsements designated in the binder, except as superseded b…
AS 21.42.250 Delivery or posting of policy; notifications.
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(a) An insurer shall provide a policy or endorsement to the insured or to the person entitled to it by mail or delivery or by posting on the insurer's Internet website under (c) of this section within a reasonable period of time after its issuance. The insurer is not required to …
AS 21.42.260 Renewal by certificate.
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An insurance policy terminating by its terms at a specified expiration date and not otherwise renewable, may be renewed or extended at the option of the insurer upon a currently authorized policy form and at the premium rate then required for the policy, for a specific additional…
AS 21.42.265 Effective date of coverage.
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Unless otherwise provided by law, the effective date of a change relating to coverage under an insurance contract as a result of a change to this title is the issue date for a new policy or the renewal date for a renewal policy.
AS 21.42.270 Assignment of policies.
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A policy may be assignable or nonassignable, depending upon its terms. Subject to its terms relating to its assignability, a life, group life, or health insurance policy, whether issued before or after July 1, 1966, under the terms of which the beneficiary may be changed upon the…
AS 21.42.280 Payment discharges insurer.
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When the proceeds of or payments under a life or health insurance policy or annuity contract, whether issued before or after July 1, 1966, become payable in accordance with the terms of the policy or contract, or the exercise of a right or privilege under the policy or contract a…
AS 21.42.290 Minor may give acquittance.
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(a) A minor domiciled in this state who has attained the age of 16 years shall be considered competent to receive and to give full acquittance and discharge for a payment or payments in aggregate amount not exceeding $3,000 in any one year made by a life insurer under the maturit…
AS 21.42.300 Forms for proof of loss to be furnished.
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An insurer shall furnish, upon written request of the person claiming to have a loss under an insurance contract issued by the insurer, forms of proof of loss for completion by the person, but the insurer is not, by reason of the requirement to furnish forms, responsible for or w…
AS 21.42.310 Claims administration not waiver.
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Without limitation of a right or defense of an insurer otherwise, none of the following acts by or on behalf of an insurer constitute a waiver of a provision of a policy or of a defense of the insurer thereunder: (1) acknowledgment of the receipt of notice of loss or claim under …
AS 21.42.315 Separate accounts.
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(a) A domestic life insurance company may establish one or more separate accounts, and may allocate to an account amounts, including proceeds applied under optional methods of settlement or under divided options, to provide for life insurance or annuities and benefits incidental …
AS 21.42.320 Secs. 21.42.320 — 21.42.340. Exemption of life insurance, group life insurance, and disability insurance proceeds. [Repealed, § 14 ch 62 SLA 1982. For current law see AS 09.38.025(a), 09.38.030(e), and 09.38.050.]
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Article 2. Specific Coverage Provisions.
AS 21.42.345 Required provision for coverage of dependents.
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(a) A health care insurance plan providing coverage for a dependent of a covered individual shall, as to the dependent's coverage, also provide that the health care insurance benefits applicable for dependents shall be payable with respect to (1) a newly born child of a covered i…
AS 21.42.347 Coverage for costs of birth.
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(a) A health care insurer who provides coverage for the costs of childbirth shall also provide coverage for the costs of hospitalization or medical care following childbirth for a period of not less than (1) 48 hours after a vaginal birth; and (2) 96 hours after a caesarean birth…
AS 21.42.349 Coverage for newborn and infant hearing screening.
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(a) Except for a fraternal benefit society, a health care insurer that offers, issues for delivery, delivers, or renews in this state a health care insurance plan shall provide coverage for newborn and infant hearing screening under the schedule described in (b) of this section i…
AS 21.42.350 Exemption of proceeds, annuity contracts. [Repealed, § 14 ch 62 SLA 1982. For current law see AS 09.38.025(a).]
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[Repealed or reserved.]
AS 21.42.351 Coverage for well-baby exams.
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(a) A health care insurer that offers health care insurance that covers a dependent of a covered individual shall, initially and at each renewal, offer coverage for the cost of well-baby exams. The coverage required to be offered by this section is subject to standard policy prov…
AS 21.42.353 Coverage for the costs of acupuncture treatment.
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Except for a fraternal benefit society, a health care insurer that offers, issues for delivery, delivers, or renews in this state a health care insurance plan may offer coverage for services of an acupuncturist licensed under AS 08.06 if the plan covers acupuncture treatment by a…
AS 21.42.355 Coverage for cost of services provided by certified nurse midwives.
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(a) If a health care insurance plan or an excepted benefits policy or contract provides indemnity for the cost of services of a physician provided to women during pregnancy, childbirth, and the period after childbirth, indemnity in a reasonable amount shall also be provided for t…
AS 21.42.360 Definitions. [Repealed, § 11 ch 163 SLA 1976. For current law see AS 21.97.]
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[Repealed or reserved.]
AS 21.42.363 Eye care under health insurance.
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A policy, contract, or prepaid plan for individual or group health insurance issued or delivered in the state that provides reimbursement for a service within the lawful scope of practice of an optometrist licensed under AS 08.72 must provide for reimbursement to a person covered…
AS 21.42.365 Coverage for treatment of alcoholism or drug abuse.
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(a) Except for a fraternal benefit society, a health care insurer that offers, issues for delivery, delivers, or renews in this state a health care insurance plan providing coverage for five or more employees of an employer in the group market shall offer a covered employee or th…
AS 21.42.370 [Renumbered as AS 21.42.315.]
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[Repealed or reserved.]
AS 21.42.375 Coverage for mammograms.
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(a) Except for a fraternal benefit society, a health care insurer that offers, issues for delivery, delivers, or renews in this state a health care insurance plan shall provide coverage for low-dose mammography screening under the schedule described in (b) of this section if the …
AS 21.42.377 Coverage for colorectal cancer screening.
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(a) Except for a fraternal benefit society, a health care insurer that offers, issues for delivery, delivers, or renews in this state a health care insurance plan shall provide coverage for the costs of colorectal cancer screening examinations and laboratory tests under the sched…