Title 20 — Insurance

A. The department of insurance and financial institutions is established and shall be administered by the director of the department of insurance and financial institutions. B. The department shall be known as "DIFI". C. In this title, unless the context otherwise requires, "comm…

[Repealed or reserved.]

In this title, title 6, title 32, chapters 9 and 36, title 41, chapter 31 and title 44, chapter 2.1, unless the context otherwise requires: 1. "Director" or "administrator" means the director of the department of insurance and financial institutions. 2. When used with reference t…

A. For the purposes of this title, except as otherwise provided, "insurance" is a contract by which one undertakes to indemnify another or to pay a specified amount on determinable contingencies. B. Private ambulance service contracts or private fire protection service contracts …

"Insurer" includes every person engaged in the business of making contracts of insurance.

"Person" includes an individual, company, insurer, association, organization, society, reciprocal or inter-insurance exchange, partnership, syndicate, business trust, corporation and entity.

A. "Transact" with respect to insurance includes any of the following: 1. Solicitation and inducement. 2. Preliminary negotiations. 3. Effectuation of a contract of insurance. 4. Transaction of matters subsequent to effectuation of the contract and arising out of it. B. Any of th…

A. No person shall transact a business of insurance in this state, or relative to a subject of insurance resident, located or to be performed in this state, without complying with the applicable provisions of this title. B. No provision of this title shall be deemed to require an…

This title does not apply with respect to: 1. Hospital and medical service corporations, except as stated in chapter 4, article 3 of this title. 2. Fraternal benefit societies and associations or orders as defined in section 20-861, except as stated in chapter 4, article 4 of thi…

A. Every extended warranty insurer shall deposit with the state treasurer and maintain on deposit for the benefit and protection of any person purchasing such extended warranty or guaranty in the event of insolvency of the extended warranty insurer under its contract with any suc…

A. The expiration dates of certificates of authority and licenses in force immediately prior to January 1, 1955 and lawfully existing under any law repealed by Laws 1954, chapter 64, article 29, are extended as follows: 1. Licenses or certificates of authority of insurers shall e…

1. The United States Constitution or the Arizona Constitution. 2. State law. 3. This state's case law precedent. 4. Other common law that may have been adopted by this state.

B. The program may enable an eligible enrollee who receives covered health care services from a health care provider or health care facility at a price below the health insurer's usual reimbursement to have the amount the enrollee pays applied toward the enrollee's deductible and…

Repeal by this title of any law shall not affect or abate any right accrued, action or proceeding commenced, or any unlawful act committed under such law, prior to January 1, 1955, and punishment or deprivation of license or authority as a consequence thereof as provided by such …

Provisions of this title relative to a particular kind of insurance or a particular type of insurer or to a particular matter shall prevail over provisions relating to insurance in general or insurers in general or to such matter in general.

In addition to any other penalty applicable thereto, either under this title or otherwise, violation of any provision of this title is a class 2 misdemeanor and shall be punishable as such where no other penalty is provided therefor.

A. Any person or other entity, including a provider sponsored organization that operates under the Medicare-plus-choice program established under the balanced budget act of 1997 (42 United States Code sections 1395w-21 through 1395w-28 and title XVIII, part C of the social securi…

Any provision in this title that requires a person to post a surety bond to guarantee the performance of a legal obligation is subject to the provisions of section 35-155 pertaining to accepting a cash deposit as an alternative to a surety bond.

In this title, unless the context otherwise requires: 1. "Deliver" means to cause to be provided, sent or handed over to the intended recipient. 2. "Health care services organization" has the same meaning prescribed in section 20-1051. 3. "Private passenger motor vehicle" means a…

A. A person subject to this title shall not restrict or prohibit, by means of a policy or contract, whether written or otherwise, a licensed health care professional's good faith communication with the health care professional's patient concerning the patient's health care or med…

A. On the day a charitable organization enters into an agreement for a charitable gift annuity, the charitable organization shall have: 1. A minimum of three hundred thousand dollars in unrestricted cash, cash equivalents or publicly traded securities, exclusive of assets funding…

A. A health care insurer shall not contract with a third party intermediary entity for the delivery or provision of health benefits or services by or through that entity to a group or panel of covered persons, unless the third party intermediary entity at its own expense secures …

A. Consistent with the provisions of the patient protection and affordable care act (P.L. 111-148), any qualified health insurance policy, contract or plan offered through any health care exchange operating in this state shall not provide coverage for abortions. B. Subsection A o…

A. A health care sharing ministry's practices do not constitute the transaction of insurance business in this state for the purposes of regulation under this title. B. For the purposes of this section, "health care sharing ministry" means a nonprofit organization that is exempt f…

(Rpld. 1/1/28) A. Not later than April 1 of each year, each insurer that writes homeowners insurance in this state shall report to the director of the department of insurance and financial institutions in a manner and form as prescribed by the director of the department of insura…

The director may adopt rules for the administration of title 6, title 32, chapters 9 and 36, title 41, chapter 31 and title 44, chapter 2.1.

1. Mail, the sender must send the notice or correspondence to the recipient's last known mailing address on file with the insurer. 2. Electronic means, the sender must send the notice or correspondence to the recipient's last known email address as provided by the recipient to th…

1. A combined dental loss ratio percentage for all individual dental policies. 2. A combined dental loss ratio percentage for all group dental policies issued to fully insured groups. B. Not later than August 1 of each year, the department shall post the reported dental loss rati…

(Rpld. 1/1/28) A. The fire insurance review task force is established in the department and consists of the following members: 1. The director of the department or the director's designee, who shall serve as chairperson of the task force. 2. Two members who are appointed by the d…

A. The governor shall appoint a director of the department of insurance and financial institutions pursuant to section 38-211. B. The director shall: 1. Serve at the pleasure of the governor. 2. Be a person with business experience, including being well versed in insurance and fi…

A. The director shall enforce this title. B. The director shall have powers and authority expressly conferred by or reasonably implied from the provisions of this title. C. The director may conduct examinations and investigations of insurance matters, including examinations and i…

A. The director may make reasonable rules necessary for effectuating any provision of this title. B. The director shall make rules concerning proxies, consents or authorizations in respect of securities issued by domestic stock insurance companies having a class of equity securit…

A. The director shall have a seal of office consisting of the shield as used in the great seal of the state of Arizona encircled by the words "director of the department of insurance and financial institutions, state of Arizona." B. Every certificate or license issued by the dire…

When required, the director shall furnish his certificate as to the authority of any person to transact insurance, and such certificate shall be evidence of the facts set forth therein.

A. The director shall appoint a supervisor of insurance rates. B. The supervisor of insurance rates shall be a person versed in insurance rating procedure and familiar with the operation of insurance companies and rating organizations. C. The supervisor shall be subject to remova…

A. The director shall appoint an assistant director and a chief examiner. B. The assistant director shall be experienced in the fields of life and disability and property and casualty insurance and the chief examiner shall have had at least five years' experience as a full-time e…

A. Subject to title 41, chapter 4, article 4, the director shall appoint such other deputies, assistants and clerks, as necessary properly to discharge the duties imposed upon the director under this title. B. The director may from time to time contract for and procure, on a fee …

A. The director, or any deputy, examiner, assistant or employee of the director shall not be financially interested, directly or indirectly, in any insurer, agency or any entity regulated under this title except as a policyholder or claimant under a policy. As to such matters whe…

A. Any power, duty or function, whether ministerial or discretionary, vested by this title in the director may be exercised or discharged by any deputy, assistant or examiner or by any other person designated by the director pursuant to section 20-148 acting in the director's nam…

A. Orders and notices of the director are not effective unless the orders and notices are in writing and signed by the director or by the director's authority. B. Every order of the director shall state its effective date and shall concisely state: 1. Its intent or purpose. 2. Th…

A. If the director has cause to believe that a person has violated any penal provision of this title or other laws relating to insurance, and that prosecution of the person is advisable, he shall certify the facts of such violation to the attorney general, who shall bring and pro…

A. Records of all official transactions, examinations, investigations and proceedings of the department shall be open to public inspection pursuant to section 39-121, except as otherwise provided in this title. B. The director may destroy records pursuant to sections 41-151.15 an…

A. As early in the calendar year as possible the director shall annually prepare a report for delivery to the commission, the governor and the legislature, showing, with respect to the preceding calendar year: 1. List of authorized insurers transacting insurance in this state, wi…

All salaries, compensation and other expenses involved in the operation of the office of the director shall not exceed the amount from time to time appropriated or otherwise made available therefor by the legislature, including travel expense incurred by the director, his deputie…

A. The director shall examine the affairs, transactions, accounts, records and assets of each authorized insurer as often as the director deems advisable. The director shall so examine each domestic insurer at least once every five years. Examination of an alien insurer shall be …

A. Every person being examined and its officers, employees, agents and representatives shall produce and make freely accessible to the director or the director's examiners the accounts, records, documents, files, assets and matters in the person's possession or control relating t…

B. Any documents, reports or other materials that are provided to the director pursuant to this section are confidential and are not subject to disclosure, including discovery or subpoena, unless the subpoena is issued by the attorney general or a county attorney or by a court at…

A. The director shall make a full written report of each examination. The director or the examiner in charge of the examination shall certify the report. B. The director shall provide a copy of the report to the person examined not less than ten days before filing the report. If …

A. The director may establish a separate fund designated as the insurance examiners' revolving fund. B. The fund shall be used for the examination expenses authorized by section 20-156 and to compensate independent contractor examiners as authorized by section 20-148. Independent…

A. The director may take depositions, subpoena witnesses or documentary evidence, administer oaths and examine under oath any individual relative to the affairs of any person being examined or relative to the subject of any hearing or investigation. B. Witness fees and mileage, i…