Title 29 — Insurance and Insurance Companies

The following rules and definitions shall be used in interpreting the provisions of this title: (1) The present tense includes the past and future tenses, and the future, the present. (2) “Shall” is mandatory and “may” is permissive unless otherwise apparent from the context. (3)…

All insurance transacted in American Samoa is governed by this title. History: 1974, PL 13-58 § 1.

Whenever any notice is required by this title, it shall be in writing unless expressly otherwise provided. Any required notice may be given by mailing the notice, postage prepaid, addressed to the person to be notified, at his last known residence or his principal place of busine…

Any date or time mentioned in this title, or in any policy of insurance issued under authority of this title, shall be conclusively presumed to refer to American Samoa time unless specifically and clearly otherwise stated. History: 1974, PL 13-58 § 1.

Except as otherwise expressly provided by law, no person directly or indirectly may enter into any contract, understanding or combination with any insurer or manager, agent or representative thereof for the purpose of, nor may any persons or insurers jointly or severably do any a…

Whenever, under this title, a power is granted to a public officer or a duty imposed upon that officer, the power or duty maybe performed by a deputy or assistant of the officer authorized to do so. History: 1974, PL 13-58 § 1.

Any person who knowingly swears to or verifies any false or fraudulent statement, or who, when testifying at any hearing, examination or inquiry pursuant to this title, makes any false or fraudulent statement, is guilty of a felony, and upon conviction thereof shall be sentenced …

Any person violating this title, or any regulations issued under this title, or any lawful order of the Commissioner, for which a penalty is not otherwise specifically provided, is guilty of a misdemeanor, and upon conviction is subject to a fine not to exceed $500, or imprisonme…

(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.

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.…

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…

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) 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) 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) 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) 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…

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…

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)…

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…

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.

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 …

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.

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…

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…

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…

(a) No person may transact insurance in American Samoa as an insurer without a certificate of authority issued by the Commissioner and when the certificate is issued that person may not transact any class of insurance which is not specifically authorized by his certificate. (b) T…

Any person desiring to transact insurance business in American Samoa as an insurer shall file with the Commissioner an application for a certificate stating the class or classes of insurance which it proposes to transact accompanied by the following: (1) a copy of its charter, ar…

Unless revoked by the Commissioner, every certificate shall continue in force subject to the payment of continuance fees on or before 1 April of each year and the filing of an affidavit setting forth that the insurer has continued to comply with all applicable provisions of this …

(a) The Commissioner shall issue to an insurer a certificate of authority if upon completion of the application for a certificate of authority by the insurer the Commissioner finds, from the application and any other investigation and information he may acquire, that the insurer …

(a) An insurer’s subsisting certificate of authority is evidence of its authority to transact the class or classes of insurance specified therein, either as direct insurer or as reinsurer or as both. (b) Although issued to the insurer the certificate of authority is at all times …

(a) A certificate of authority shall continue in force as long as the insurer is entitled thereto under the insurance law and until suspended or revoked by the Commissioner or terminated at the request of the insurer; subject, however, to continuance of the certificate by the ins…

(a) The Commissioner shall refuse to continue, or shall suspend or revoke, an insurer’s certificate of authority if: (1) as a foreign insurer, it no longer meets the requirements for the authority, or as a domestic insurer, it has failed to cure an impairment of required capitali…

(a) The Commissioner may refuse to continue or may suspend or revoke an insurer’s certificate of authority if he finds after a hearing that the insurer: (1) has management which is untrustworthy, or so lacking in insurance experience as to make the operation hazardous to the insu…

(a) All suspensions or revocations of, or refusals to continue, an insurer’s certificate of authority shall be by the Commissioner’s order. (b) Upon suspending, revoking, or refusing to continue the insurer’s certificate of authority, the Commissioner forthwith shall give notice …

(a) Suspension of an insurer’s certificate of authority shall be for such period as the Commissioner specifies in the order of suspension, but not to exceed 1 year for any 1 suspension order. During the suspension, the Commissioner may rescind or shorten the suspension by his fur…

(a) The Commissioner shall require the payment in advance of the following fees: (1) filing of applicant for certificate or authority $100.00 (2) annual continuation fee 50.00 (3) filing of any other certificate, statement, paper or exhibit required by this part 10.00 (4) filing …

The maximum single risk which may be assumed by any insurer, after deduction of any reinsurance taking effect simultaneously with the policy, shall be 10% of the paid-in capital and surplus of the insurer; provided, however, that a corporate insurer may assume any net single risk…

Every insurer authorized to transact insurance, or transacting insurance, in American Samoa shall at all times maintain, in addition to reserves few all other liabilities, reserves as follows: (1) loss or claim reserves in an amount estimated in the aggregate to provide for the p…

(a) An insurer who desires to withdraw from American Samoa must first make application to the Commissioner for an order granting permission to withdraw. (b) The application shall be accompanied by an affidavit of its principal officer and general agent that: (1) it desires to wit…

Any person violating this chapter is guilty of a misdemeanor, and shall upon conviction be subject to a fine of not more than $1,000 if the person convicted is a natural person, a fine of not more than $500, or imprisonment of not more than 6 months, or both. History: 1974, PL 13…

This chapter may be cited as the “Uniform Unauthorized Insurers Act”. History: 1974, PL 13-58 § 1.

This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states and territories which enact it. History: 1974, PL 13-58 § 1.

No person, corporation, association or partnership may, in this Territory, act as agent for any insurer not authorized to transact business in this Territory, or negotiate for or place or aid in placing insurance coverage in this Territory for another with any such insurer. Histo…

No person, corporation, association, or partnership may, in this Territory, aid any unauthor-ized insurer in adjusting insurance or in transacting insurance business in this territory, either by fixing rates, by adjusting or investigating losses, by inspecting or examining risks,…

No person, corporation, association, or partnership may make, negotiate for or place, or aid in negotiating or placing, any insurance contract in this territory for another who is an applicant for insurance covering any property or risk in another state, territory, or district of…

The provisions of 29.0403 through 29.0405 do not apply to contracts of reinsurance or to contracts of insurance covering risks of transportation and navigation, or to contracts of insurance made through authorized surplus line brokers or agents, nor do they apply to an insurer no…

The transacting of business in this territory by a foreign or alien insurer without a certificate of authority and the issuance or deliver by such foreign or alien insurer of a policy or contract of insurance to a citizen of this Territory or to a resident hereof, or to a corpora…

Service of process shall be made by delivering and leaving with the Commissioner, or to some person in apparent charge of his office, 2 copies thereof and the payment to him of such fees as may be prescribed by law. The Commissioner shall forthwith mail by registered mail one of …

Service of process in any such action, suit or proceedings is, in addition to the manner pro-vided in 29.0408, valid if served upon any person within this Territory who, in this Territory, on behalf of such insurer, is soliciting insurance, making any contract of insurance or iss…

Nothing in 29.0407 through 29.0409 limits or abridges the right to serve any process, notice or demand upon any insurer in any other manner now or hereafter permitted by law. History: 1974, PL 13-58 § 1.