Title 20 — Insurance

A. The director may hold hearings for any purpose deemed by him to be necessary and within the scope of this title and shall hold a hearing if required by any provision of this title. Hearings shall be conducted pursuant to title 41, chapter 6, article 10. B. In a hearing conduct…

A. A request for a hearing pursuant to title 41, chapter 6, article 10 that is received by the director before the effective date of any order issued by the director or within ten days after the order is delivered shall stay the effectiveness of the order pending the hearing and …

Not less than ten days in advance the director shall give notice of the time and place of the hearing, stating the matters to be considered. If the persons to be given notice are not specified in the provision pursuant to which the hearing is held, the director shall give such no…

A. Hearings may be closed to the public at the director's discretion, but the hearing shall be open to the public if so requested in writing by any principal party to the hearing. B. The director shall allow any person affected by the hearing to appear in person and by counsel, t…

A. In conducting any hearing the director shall sit as a quasi-judicial officer. B. Within thirty days after termination of the hearing or of any rehearing thereof or reargument thereon, the director shall make his order on the hearing, covering matters involved in such hearing a…

Except as provided in section 41-1092.08, subsection H, an appeal to the superior court in Maricopa county may be taken from any final decision of the director pursuant to title 12, chapter 7, article 6.

A. The director shall collect in advance the following fees, determined by the director, which are nonrefundable on payment: Not Less Than: Not More Than: 1. For filing charter documents: (a) Original charter documents, articles of incorporation, bylaws, or record of organization…

To the extent he reasonably shall deem desirable and in the public interest, the director may prepare or have prepared books, pamphlets and other publications relating to insurance and sell or resell same in such manner and at such prices not less than cost as he shall determine.…

Notwithstanding any other law, if on examination pursuant to this article or at any other time it appears to or is in the opinion of the director that any insurance company is insolvent, or its condition is such as to render the continuance of its business hazardous to the public…

During the period of supervision, the director may appoint a supervisor to supervise such insurance company and may provide that the insurance company may not do any of the following things, during the period of supervision, without the prior approval of the director or his super…

A. If, after notice, and after hearing, at the conclusion of the sixty day period, it is determined that such insurance company has failed to comply with the lawful requirements of the director or upon consent by an insurance company, the director may appoint a conservator, who s…

A. The director may, upon submission of a verified petition stating that an insurer is in such an unsafe or unsound condition that it is or will become unable to meet the anticipated demands of its policyholders and that the condition cannot be corrected by the procedures of sect…

Notwithstanding the provision of section 38-201, subsection A, to the contrary, a member of a guaranty fund board established pursuant to this title, chapter 3, article 6 or 7, who is appointed to represent an insurer or group of insurers, need not be a resident of this state.

An organization or individual advocating a legislative proposal that would mandate a health coverage or offering of a health coverage by an insurer, hospital, medical, dental or optometric service corporation, health care services organization or any other health care service con…

A. To the extent that information is available, the report prescribed by section 20-181 shall include, but not be limited to, the following: 1. The social impact: (a) The extent to which the treatment or service is generally utilized by a significant portion of the population. (b…

A person or a legislator advocating a legislative proposal pursuant to section 20-181 shall submit a written report explaining the factors prescribed in section 20-182 to the joint legislative audit committee established by section 41-1279. The report must be submitted on or befo…

A. Any payment of insurance premium that is deposited, properly addressed and postage prepaid, in an official depository of the United States mail on or before the date the premium is due is deemed timely payment of the premium on the date shown by the postmark or other official …

An "alien" insurer is one formed under the laws of a country other than the United States.

"Charter" means articles of incorporation, of agreement or of association, or other basic constituent document of a corporation, or subscribers' agreement and power of attorney of a reciprocal insurer.

Initial free surplus of a stock insurer is the minimum amount of investment required for the lines authorized over and above the minimum required capital stock.

A mutual insurer's minimum required basic surplus is defined as the minimum requirement deposited with the state treasurer through the director's office to qualify for the lines of insurance authorized to be written.

A mutual insurer's initial free surplus is defined as the minimum additional assets required of a mutual insurer over and above the minimum required basic surplus for the lines of insurance authorized to be written.

A reciprocal insurer's required basic surplus is defined as the minimum requirement deposited with the state treasurer through the director's office to qualify for the lines of insurance authorized to be written.

A reciprocal insurer's initial free surplus is defined as the minimum additional assets required of a reciprocal insurer over and above the minimum required basic surplus for the lines of insurance authorized to be written.

A "domestic" insurer is one formed under the laws of this state.

A "foreign" insurer is one formed under the laws of another state of the United States.

"State" means any state, commonwealth or territory of the United States, including the District of Columbia, and "United States" includes the states, territories, districts and commonwealths thereof.

A. No person shall act as an insurer and no insurer shall transact insurance in this state except as authorized by a subsisting authority granted to it by the director, except as to such transactions as are expressly otherwise provided for in this title. No such authority shall b…

To qualify for and hold authority to transact insurance in this state an insurer shall be otherwise in compliance with the provisions of this title and with its charter powers, and shall be an incorporated stock insurer, an incorporated mutual insurer, a reciprocal insurer, or a …

In this title, unless the context otherwise requires, "guaranteed investment contract" means any unallocated group contract, investment contract, funding agreement, guaranteed interest contract or other similar instrument by whatever name in which an insurance company agrees to g…

A. An insurer which otherwise qualifies therefor may be authorized to transact any one kind or combination of kinds of insurance as defined in article 2 of this chapter, except that: 1. A life insurer shall not be authorized to transact any other kind of insurance except disabili…

A. Except as provided in subsection B, to qualify for authority to transact any one kind of insurance or combinations of kinds of insurance as shown below, an insurer shall possess and thereafter maintain unimpaired minimum required capital stock, if a stock insurer, or unimpaire…

A. In addition to the minimum required capital stock, if a stock insurer, or minimum required basic surplus, if mutual or reciprocal insurers, as required by sections 20-210 and 20-212 as to all stock insurers and foreign and alien mutual and reciprocal insurers, by sections 20-7…

An insurer otherwise qualified may be authorized to transact combinations of kinds of insurance, other than the life and disability combination shown in section 20-210, while possessing and maintaining thereafter additional minimum required capital stock, if a stock insurer, or a…

The director shall not issue a certificate of authority to any insurer unless it has deposited in trust with the state treasurer through the director's office cash or securities eligible for the investment of capital funds of domestic insurers under this title in an amount not le…

If with respect to an insurer lawfully authorized to transact insurance in this state immediately prior to the effective date of this section, this title requires a greater amount of capital, surplus or deposit than required of such insurer immediately prior to such effective dat…

To apply for an original certificate of authority an insurer shall file with the director its application for a certificate of authority showing its name, location of its home office or principal office in the United States, if an alien insurer, kinds of insurance to be transacte…

A. If on the completion of an application the director finds that the insurer has met the requirements for and is entitled under this title, the director shall issue to the insurer a proper certificate of authority. If the director does not so find, the director shall issue an or…

A. The certificate of authority issued by the director to an insurer is evidence of its authority to transact in this state the kind of insurance specified in the certificate. B. A certificate of authority remains in effect until terminated at the request of the insurer or suspen…

A. No insurer shall be authorized to transact insurance in this state which has or uses a name so similar to that of any insurer already so authorized as to cause uncertainty or confusion. In case of conflict of names between two insurers the director may permit or require the ne…

A. Each domestic insurer shall have and continuously maintain in this state: 1. A known place of business which may be the office of its statutory agent. 2. A statutory agent, which agent may be the director, an individual, who has been a resident of this state for three years, a…

A. A domestic insurer may change its known place of business in this state or its statutory agent in this state, or both, upon filing with the director a statement setting forth: 1. The name of the insurer. 2. The address of its then known place of business. 3. If the address of …

The director shall refuse to renew or shall revoke or suspend an insurer's certificate of authority: 1. If such action is required by any provision of this title, or 2. If the insurer no longer meets the requirements for the authority originally granted, on account of deficiency …

A. The director may after a hearing refuse to renew or may revoke or suspend an insurer's certificate of authority, in addition to other grounds therefor in this title, if the insurer: 1. Violates any provision of this title other than a provision as to which refusal, suspension …

A. The director may consider the following standards, either singly or a combination of two or more, in determining whether the continued operation of any insurer transacting an insurance business in this state may be deemed to be hazardous to its policyholders or creditors or th…

A. Each authorized foreign or alien insurer shall appoint the director as its attorney to receive service of legal process issued against it in this state. The appointment shall be irrevocable, shall bind any successor in interest or to the assets or liabilities of the insurer an…

A. Duplicate copies of legal process against an insurer for whom the director is attorney shall be served upon him. At the time of service the plaintiff shall pay to the director five dollars, taxable as costs in the action. Upon receiving such service the director shall promptly…

A. Each authorized domestic insurer shall annually on or before March 31 and each other authorized insurer shall annually on or before March 1 file with the director, or a repository designated by the director, a true statement of its financial condition, transactions and affairs…

At the time of filing the annual report each insurer providing product liability insurance or excess insurance above self-insured retention for product liability, either as a separate policy or as part of a package, to one or more manufacturers or sellers in this state shall file…

A. On or before March 1 of each year, each authorized domestic insurer, each other insurer and each formerly authorized insurer referred to in section 20-206, subsection B shall file with the director a report in a form prescribed by the director showing total direct premium inco…