Title 29, Insurance and Insurance Companies

(a) All rates, rate schedules, rate plans, and methods of computing rates to be applied to any insurance transacted in American Samoa must be filed in the office of the Commissioner, and before any rates may be charged, advertised, publicized, or otherwise represented, they must …

An insurer, in making rates, and the Commissioner in approving them, shall apply the follow-ing standards: (a) Rates shall not be excessive or inadequate, as herein provided, nor shall they be unfair or discriminatory. (b) No rate may be held excessive unless such rate is unreaso…

Insurers are authorized to become members or subscribers of rating bureaus, or advisory organizations of a like nature and may use the rating systems, and underwriting rules and policy forms of those organizations, provided they are not excessive, inadequate or unfairly discrimin…

(a) If, within the waiting period, the Commissioner finds that a filing does not meet the requirements of 29.1560 through 29.1565, he shall send to the insurer or rating organization which made the filing, written notice of disapproval of the filing, specifying therein in what re…

The following chart indicates the maximum allowable annual motor vehicle liability rates: Type Surcharge .00 +.40 +.90 +l .50 +2.20 Private $187.50 $262.50 $356.25 $468.75 $600. Points 0 1 2 3 4 Commercial & Fleet 231.25 Rentals 375. Motorcycles & Motorbikes 56.25 78.75 106.25 14…

(a) Annual maximum motor vehicle liability rates for buses and taxis are as follows: Points 0 1 2 Rates $350 $450 $600 Points shall be calculated in the same manner as provided in 29.1564 for private vehicles, except that: (1) the points shall be the total points of both the owne…

Any person violating 29.1560 through 29.1564 is guilty of a class B misdemeanor, and shall, upon conviction, be sentenced accordingly. History: 1974, PL 13-58 § 1, amd 1980, PL 16-90 § 28. Amendments: 1980 Amended to conform with penalties provided for in Title 46, Criminal Justi…

An insurer is liable: (1) when the thing insured is rescued from a peril insured against and which would otherwise have caused a loss if in the course of the rescue, the thing is exposed to a peril not insured against, and which permanently deprives the insured of its possession,…

An insurer is not liable for a loss caused by the willful act of the insured; but the insurer is not exonerated by the negligence of the insured or of the Insured’s agents or others. History: 1974, PL 13-58 § 1.

Failure to give notice of loss covered by any insurance within any period provided for by the policy or otherwise may not exonerate the insurer if the notice is given within a reasonable time after the insured has or should have first knowledge of the loss. In classes of insuranc…

When preliminary proof of loss is required by a policy, the insured is not bound to give such proof as would be necessary in a court of justice, but it is sufficient for him to give the best evi-dence in his power at the time. History: 1974, PL 13-58 § 1.

All defects in a notice of loss, or in preliminary proof thereof, which the insured might remedy, and which the insurer omits to specify to him, without unnecessary delay, as ground of objection, are waived. History: 1974, PL 13-58 § 1.

Delay in the presentation to an insurer of notice, or preliminary proof of loss, is waived if caused by an act of the insurer, or if he omits to make objection promptly and specifically upon that ground. History: 1974, PL 13-58 § 1.

If a policy requires, by way of preliminary proof of loss, the certificate or testimony of a person other than the insured or beneficiary, there is sufficient compliance with the requirement if the insured or the beneficiary uses reasonable diligence to procure the certificate or…

In all cases where loss occurs and the insurer liable therefor fails to pay the same within the time specified in the policy, after demand made therefor, the insurer is liable to pay the holder of the policy, in addition to the amount of such loss, 12% damages upon the amount of …

A fire or miscellaneous insurance policy, in case of a total loss of any risk insured under the classes specified in this chapter as fire or miscellaneous insurance, must be held and considered to be a liquidated demand against the insurer taking the risk for the full amount stat…

Double insurance exists when the same person is insured by several insurers separately in respect to the same subject, interest and risk. History: 1974, PL 13-58 § 1.

In case of double insurance, the several insurers are liable to pay losses thereon as follows: (a) In fire and miscellaneous insurance, each insurer shall contribute ratably without regard to the dates of the several policies. (b) In marine insurance, the liability of the several…

A contract of reinsurance is one by which an insurer procures a third person to insure him against loss or liability by reason of such original insurance. History: 1974, PL 13-58 § 1.

No admitted insurer may reinsure with any other insurer who has not been previously admitted in American Samoa, or who has not been approved by the Commissioner as a reinsurer. History: 1974, PL 13-58 § 1.