Title 29 — Insurance and Insurance Companies
6 chapters · 124 sections in this title.
A.S.C.A. § 29.0201 Appointment-Duties
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(a) The Governor shall appoint the Commissioner of Insurance. (b) He shall perform all duties imposed upon him by this title and other laws regulating the business of insurance in American Samoa, and shall enforce all provisions and laws. History: 1974, PL 13-58 § 1.
A.S.C.A. § 29.0202 Appointment of deputies and other employees
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The Commissioner may appoint a deputy, who may be delegated all the duties and powers of the Commissioner, and such additional employees as may be necessary for the performance of the functions of his office. Such appointments must be made in accordance with the merit system law.…
A.S.C.A. § 29.0203 Conflict of interest regulation
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Neither the Commissioner, deputy commissioner, or any employee of the Office of Insurance Commissioner may be a broker, agent, or solicitor, or an officer or employee of an insurer, or in any way, directly or indirectly, participate in or have any financial interest in, or be aff…
A.S.C.A. § 29.0204 Bonds
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The Commissioner and deputy commissioner shall be bonded with a good and sufficient surety, to be approved by the Governor, in an amount determined by the Governor, but not less than $10,000, conditioned that he shall faithfully account for and dispose of any funds and securities…
A.S.C.A. § 29.0205 Authority and powers
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(a) The Commissioner has all the authority and powers specifically set out in this title, or as may be reasonably implied from the powers conveyed in this section, for the proper administration and enforcement of this title and other laws relating to the business of insurance. (b…
A.S.C.A. § 29.0206 Interpretation of order of Commissioner
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(a) Any finding, decision, or order of the Commissioner shall be deemed an order within this title when it is in writing and adversely and directly affects any person. (b) No order of the Commissioner shall become effective until it has become a final order as provided in subsect…
A.S.C.A. § 29.0207 Cease and desist orders
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(a) Whenever the Commissioner has reason to believe that any person has been engaged or is engaging or is about to engage in any violation of the insurance law, he may issue an order, directed to that person, to discontinue or desist from the violation or violations. The copy of …
A.S.C.A. § 29.0208 Enforcement of orders
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(a) If any person fails to comply with any provision of the insurance law or any order that has become final, or any action taken by the Commissioner, the Commissioner may apply for the enforcement of the order to the High Court of American Samoa. If the court determines that the…
A.S.C.A. § 29.0209 Inquiries by Commissioner to others
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The Commissioner may address any proper inquiries to any insurer, licensee, or its officers in relation to its activities or conditions or any other matter connected with its transactions. Any person so addressed shall promptly and truthfully reply in writing to the inquiries. Th…
A.S.C.A. § 29.0210 Investigation of persons transacting insurance
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The Commissioner, whenever he deems it advisable in the interest of policyholders or for the public good, shall investigate into the affairs of any person engaged in, proposing to engage in, or claiming or advertising to engage in: (1) transacting insurance in this territory; (2)…
A.S.C.A. § 29.0211 Examination of insurers-Audit
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For the purposes of determining its financial condition, ability to fulfill and manner of ful-fillment of its obligation, the nature of its operations, and compliance with the insurance law, the Commissioner shall annually examine every domestic insurer, including an audit of the…
A.S.C.A. § 29.0212 Records to be kept
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The Commissioner shall keep and preserve in summary form a full record of all proceedings, including all of his orders, findings and decisions and a full statement of his reasons for arriving at and issuing them. History: 1974, PL 13-58 § 1.
A.S.C.A. § 29.0213 Complaints-Determination of public record
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No complaint made to the Commissioner, or the record thereof, against any person regulated by the insurance law may be deemed a public record or a public writing. Neither the preliminary compliant pursuant to an investigation authorized by the Commissioner nor the record thereof …
A.S.C.A. § 29.0214 False or misleading filings with the Commissioner prohibited
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No person may file or cause to be filed with the Commissioner any article, certificate, report, statement, application or any other information required or permitted to be so filed under the insurance law, which is misleading in any material respect. History: 1974, PL 13-58 § 1.
A.S.C.A. § 29.0215 Request for hearing
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Within 10 days after the serving of notice of any order by the Commissioner, any person adversely and directly affected thereby may request a hearing thereon before the Commissioner. A final order must be made within 10 days after the final closing of the hearing. All hearings mu…
A.S.C.A. § 29.0216 Promulgation of regulations
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Regulations may be promulgated not inconsistent with the law, as may be reasonably necessary or appropriate for the administration of this title and other laws of American Samoa relating to insurance. Each regulation shall be promulgated, amended, or repealed in accordance with 4…
A.S.C.A. § 29.0217 Annual reports
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The Commissioner shall transmit to the Governor and to the Legislature, on or before 1 July, of each year, a report containing a tabulated statement and synopsis of the reports which have been filed in his office regarding the condition of every admitted insurer; the general cond…