A.R.S. § 20-686 — Arizona Code / Title 20 / Chapter 3 / Article 7 / Section 686
20-686 Assessments
Status: in_force

20-686. Assessments

A. For the purpose of providing the funds necessary to carry out the powers and duties of the fund, the fund shall assess the member insurers, separately for each account, at such times and for such amounts as the fund finds necessary. The member insurers shall be required to pay the assessments within the time prescribed in a written notice of the assessment to the member insurers but no less than thirty days after the date of the written notice.

B. There shall be two classes of assessments, as follows:

1. Class A assessments shall be authorized and called for the purpose of meeting administrative costs and other general expenses not related to a particular impaired insurer or insolvent insurer.

2. Class B assessments shall be authorized and called to the extent necessary to carry out the powers and duties of the fund pursuant to section 20-685 with regard to an impaired insurer or insolvent insurer.

C. The amount of assessment for each account shall be determined as follows:

1. The amount of any class A assessment for each account shall be determined by the fund.

2. The amount of any class B assessment, except for assessments related to long-term care insurance, shall be allocated between the accounts in the proportion that the premiums received by the impaired insurer or insolvent insurer on the policies or contracts covered by each account bear to the premiums received by such insurer on all such policies or contracts.  The amount of the class B assessment for long-term care insurance written by the impaired or insolvent insurer shall be allocated according to a methodology included in the plan of operation and approved by the director.  The methodology shall provide for fifty percent of the assessment to be allocated to accident and disability member insurers and fifty percent to be allocated to life and annuity member insurers.

3. Class A and class B assessments against member insurers for each account shall be in the proportion that the premiums received on business in this state by each assessed member insurer on policies covered by each account bear to such premiums received on business in this state by all assessed member insurers.

4. Assessments for funds to meet the requirements of the fund with respect to an impaired insurer or insolvent insurer shall not be made until necessary to implement the purposes of this article. Classification of assessments as prescribed pursuant to subsection B of this section and computation of assessments pursuant to this subsection shall be made with a reasonable degree of accuracy, recognizing that exact determinations may not always be possible.

5. The total of all assessments on a member insurer for each account shall not in any one calendar year exceed two percent of that member insurer's average annual premiums received in this state on the policies and contracts covered by the account during the three calendar years preceding the year in which the member insurer became an impaired insurer or insolvent insurer. If two or more assessments are authorized in one calendar year with respect to member insurers that become impaired or insolvent in different calendar years, the average annual premiums for purposes of the aggregate assessment percentage limitation shall be limited to the greater of the three year average annual premiums for the applicable account as calculated pursuant to this subsection.

D. The fund may abate or defer, in whole or in part, the assessment of a member insurer if, in the opinion of the fund, payment of the assessment would endanger the ability of the member insurer to fulfill its contractual obligations.

E. If an assessment against a member insurer is abated or deferred, in whole or in part, because of the limitations set forth in subsection D of this section, the amount by which such assessment is abated or deferred may be assessed against the other member insurers in a manner consistent with the basis for assessments set forth in this section. If the maximum assessment, together with the other assets of the fund in either account, does not provide in any one year in either account an amount sufficient to carry out the responsibilities of the fund, the necessary additional monies shall be assessed as soon thereafter as permitted by this article.

F. The fund, by an equitable method as established in the plan of operation, may refund to member insurers, in proportion to the contribution of each member insurer to that account, the amount the fund finds is not necessary to carry out during the coming year the obligations of the fund with regard to such amount, including assets accruing from net realized gains and income from investments. A reasonable amount may be retained in any account to provide funds for the continuing expenses of the fund and for future losses.

G. Any member insurer, in determining its premium rates and policyowner dividends as to any kind of insurance or health care services organization business within the scope of this article, may consider the amount reasonably necessary to meet its assessment obligations.

H. The fund shall issue to each member insurer paying an assessment a certificate of contribution, in a form prescribed by the director, for the amount paid. All outstanding certificates shall be of equal priority without reference to amounts or dates of issue. A certificate of contribution may be shown by the member insurer in its financial statement as an asset in such form and for such amount and period of time as the director may approve.
A.R.S. § 20-1578 — Arizona Code / Title 20 / Chapter 6 / Article 9 / Section 1578
20-1578 Purchase or acquisition of controlling stock
Status: in_force

20-1578. Purchase or acquisition of controlling stock

A. In the event any person or persons propose to purchase or acquire the controlling capital stock of any domestic title insurer, such person or persons shall first make application to the director for approval of such purchase or acquisition. The application shall contain the name and address of the proposed new owner or owners of the controlling stock, and the director shall approve the proposed purchase or acquisition only after he has become satisfied that such purchase or acquisition will not result in violation of the anti-rebate provisions or controlled business provisions of this article, that the proposed new owner or owners of the controlling stock are qualified by character, experience and financial responsibility to control and operate the title insurer in a lawful and proper manner, and that the interests of the stockholders and policyholders of the title insurer and the interests of the public generally will not be jeopardized by the proposed change in ownership and management. If the director does not, by affirmative action, approve or disapprove the proposed purchase or acquisition within thirty days after the date on which such application was so filed with him, the proposed purchase or acquisition shall be deemed to be approved at the expiration of such thirty-day period.

B. No such purchase or acquisition of a domestic title insurer shall be effectuated unless approved as provided in subsection A of this section.

C. In the event the director disapproves the proposed purchase or acquisition, he shall give written notice thereof to the person or persons so applying for approval, setting forth in detail the reasons for disapproval.
A.R.S. § 20-1098.08 — Arizona Code / Title 20 / Chapter 4 / Article 14 / Section 1098.08
20-1098.08 Examinations
Status: in_force

20-1098.08. Examinations

A. Whenever the director determines it to be prudent, the director may examine the business, transactions and affairs of each captive insurer to ascertain the captive insurer's financial condition and ability to fulfill its obligations and whether the captive insurer has complied with this article.

B. Section 20-1098.23 applies to all examination reports, preliminary examination reports or results, working papers, recorded information, documents and copies of any of those reports, results, papers, information or documents produced by, obtained by or disclosed to the director in the course of an examination made under this section.

C. The director may use independent contractor examiners pursuant to sections 20-148 and 20-159 to conduct examinations pursuant to this section.  All examinations and examination related expenses shall be borne by the captive insurer and shall be paid by the insurance examiners' revolving fund pursuant to section 20-159.

D. An alien captive insurer or foreign captive insurer that establishes a business unit in this state and that is licensed as a branch captive insurer shall consent to the examination by the director of the affairs of the alien captive insurer or foreign captive insurer in the jurisdiction in which the alien captive insurer or foreign captive insurer is formed. The examination of a branch captive insurer shall be of branch business and branch operations only, during the period the branch captive insurer is formed, and must demonstrate to the director's satisfaction that the alien captive insurer or foreign captive insurer is operating in a sound financial condition pursuant to all the applicable laws and regulations of the jurisdiction.
A.R.S. § 20-1052.01 — Arizona Code / Title 20 / Chapter 4 / Article 9 / Section 1052.01
20-1052.01 Establishment of provider sponsored health care services organizations; rules; limitations
Status: in_force

20-1052.01. Establishment of provider sponsored health care services organizations; rules; limitations

A. No person shall establish or operate a provider sponsored health care services organization in this state, or sell or offer to sell, or solicit offers to purchase, or receive advance or periodic consideration in conjunction with a health care plan without obtaining and maintaining a certificate of authority pursuant to this article.

B. To operate as a provider sponsored health care services organization in this state, the firm or corporation shall:

1. Be a provider sponsored organization as defined in this article.

2. To the extent that the requirements are not preempted by federal law, meet the requirements prescribed in this article that apply to health care services organizations.

C. In addition to the general rule making authority vested in the director pursuant to chapter 1, article 2 of this title, the director may also adopt rules that:

1. Are necessary to implement the provider sponsored health care services organization provisions of this article.

2. Impose solvency requirements of a provider sponsored health care services organization that are the same as the requirements pursuant to 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 security act, sections 1851 through 1859) and any rules adopted under the medicare-plus-choice program.

D. A certificate of authority issued to a provider sponsored health care services organization pursuant to this article is a limited certificate of authority that authorizes the provider sponsored health care services organization to provide coverage for health care services only to medicare beneficiaries pursuant to 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 security act, sections 1851 through 1859).

E. The solvency standards adopted by rule pursuant to this section apply only to a provider sponsored health care services organization that provides coverage for health care services only to medicare beneficiaries pursuant to 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 security act, sections 1851 through 1859).

F. Nothing in this section applies to an insurer, health care services organization, hospital service corporation, medical service corporation, dental service corporation, optometric service corporation or hospital, medical, dental and optometric service corporation or any other person licensed under this title other than a provider sponsored organization that is licensed as a provider sponsored health care services organization.
A.R.S. § 20-488.07 — Arizona Code / Title 20 / Chapter 2 / Article 12 / Section 488.07
20-488.07 Confidentiality; information sharing
Status: in_force

20-488.07. Confidentiality; information sharing

A. With respect to a domestic insurer or foreign insurer, the director shall keep confidential all information that is contained in RBC reports and that is not required to be set forth in a public annual statement schedule and all RBC plans that are filed with the director, including the results or report of an examination or analysis of an insurer that is performed pursuant to this article and any corrective order that is issued by the director. This information shall not be made public and is not subject to subpoena, except that the director may subpoena the information for the purpose of enforcing the insurance laws of this state.

B. An assertion, representation or statement regarding the RBC levels of an insurer or any component derived by any insurer, insurance producer or other person engaged in the transaction of insurance business shall not be published, disseminated, circulated or placed before the public in any printed medium and shall not be advertised, announced or stated through radio, television or any other electronic medium.

C. Notwithstanding subsection B, an insurer may publish an announcement in a written publication for the purpose of rebutting a materially false statement that is made with respect to the comparison regarding the insurer's total adjusted capital to its RBC levels or with respect to an inappropriate comparison of any other amount to the insurer's RBC levels, that is published in a written publication and that the insurer is able to demonstrate to the director with substantial proof is false or inappropriate.

D. The RBC instructions, RBC reports, adjusted RBC reports, RBC plans and revised RBC plans are intended solely for use by the director in monitoring the solvency of insurers and the need for possible corrective action with respect to insurers. The director shall not use the RBC instructions, RBC reports, adjusted RBC reports, RBC plans and revised RBC plans for rate making, shall not consider or introduce them as evidence in any rate making proceeding and shall not use them to calculate or derive any elements of an appropriate premium level or rate of return for any line of insurance that an insurer or any affiliate is authorized to write.

E. The director may:

1. Share nonpublic documents, materials or other information with other state, federal and international regulatory agencies, with the national association of insurance commissioners and its affiliates and subsidiaries and with state, federal and international law enforcement authorities if the recipient agrees and warrants that it has the authority to maintain the confidentiality and privileged status of the documents, materials or other information.

2. Receive documents, materials and other information from the national association of insurance commissioners and its affiliates and subsidiaries and from regulatory and law enforcement officials of other jurisdictions and shall maintain as confidential or privileged any document, material or other information received with notice or the understanding that it is confidential or privileged under the laws of the jurisdiction that is the source of the document, material or other information.

3. Enter into agreements that govern the sharing and use of documents, materials and other information and that are consistent with this section.

F. A disclosure to or by the director pursuant to this section or as a result of sharing information pursuant to subsection E is not a waiver of any applicable privilege or claim of confidentiality in the documents, materials or other information disclosed or shared.
A.R.S. § 20-300 — Arizona Code / Title 20 / Chapter 2 / Article 3 / Section 300
20-300 Reciprocity
Status: in_force

20-300. Reciprocity

A. The director shall waive any requirements, except the requirements prescribed in section 20-287, for a nonresident license applicant who holds a license in good standing from the applicant's home state if the applicant's home state issues nonresident licenses to residents of this state on the same basis.

B. A nonresident insurance producer who satisfies the continuing education requirements for a licensed insurance producer in the producer's home state also satisfies this state's continuing education requirements if the nonresident producer's home state recognizes the satisfaction of its continuing education requirements imposed on producers from this state on the same basis.
A.R.S. § 20-1811 — Arizona Code / Title 20 / Chapter 8 / Article 1 / Section 1811
20-1811 Violation; classification
Status: in_force

20-1811. Violation; classification

After January 1, 1978, any person acting in the capacity of a provider who enters into a life care contract, or extends the term of an existing life care contract, without first having been issued a permit by the department or without otherwise acting in compliance with the provisions of this chapter, shall be guilty of a class 2 misdemeanor.
A.R.S. § 20-169 — Arizona Code / Title 20 / Chapter 1 / Article 2 / Section 169
20-169 Supervision by director
Status: in_force

20-169. Supervision by director

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 or to holders of its policies or certificates of insurance, or if the insurance company appears to have exceeded its powers or has failed to comply with the law, or if the insurance company gives its consent, the director, on the director's determination, shall do all of the following:

1. Notify the insurance company of the director's determination.

2. Furnish to the insurance company a written list of the director's requirements to abate the determination.

3. If the director makes a further determination to supervise, the director shall notify the insurance company that it is under the supervision of the department of insurance and financial institutions and that the director is applying and effecting the provisions of this article. The insurance company shall comply with the lawful requirements of the director and, if placed under supervision, shall under supervision have sixty days from the date of notice within which to comply with the requirements of the director, subject to the provisions of this article. If the insurance company fails to comply within such time, the director, or a conservator appointed by the director for that purpose, shall immediately, after due and proper notice and hearing, take charge as conservator of the insurance company and all of the property and effects of the insurance company.
A.R.S. § 20-681 — Arizona Code / Title 20 / Chapter 3 / Article 7 / Section 681
20-681 Definitions
Status: in_force

20-681. Definitions

In this article, unless the context otherwise requires:

1. "Account" means any of the three accounts established pursuant to section 20-683.

2. "Authorized" means, when used in the context of assessments pursuant to this article, an assessment for a specified amount approved by the board of directors to be called immediately or in the future from member insurers.

3. "Called" means, when used in the context of assessments pursuant to this article, an authorized assessment for which a notice has been issued by the fund to member insurers requiring payment within the time set forth in the notice.

4. "Contractual obligation" means an obligation under a covered policy or contract for which coverage is provided pursuant to this article.

5. "Covered contract" or "covered policy" means a policy or contract or part of a policy or contract for which coverage is provided pursuant to this article.

6. "Fund" means the life and disability insurance guaranty fund.

7. "Health benefit plan":

(a) Means a hospital or medical expense policy or certificate, a health care services organization subscriber contract or any other similar health contract.

(b) Does not include:

(i) Accident only insurance.

(ii) Credit insurance.

(iii) Dental only insurance.

(iv) Vision only insurance.

(v) Medicare supplement insurance.

(vi) Benefits for long-term care, home health care or community-based care, or any combination thereof.

(vii) Disability income insurance.

(viii) Coverage for on-site medical clinics.

(ix) Specified disease, hospital confinement indemnity or limited benefit health insurance if the types of coverage do not provide coordination of benefits and are provided under separate policies or certificates.

8. "Impaired insurer" means a member insurer that is not an insolvent insurer and that is placed under an order of rehabilitation or conservation by a court of competent jurisdiction.

9. "Insolvent insurer" means a member insurer that is placed under an order of liquidation with a finding of insolvency by a court of competent jurisdiction.

10. "Member insurer" means an insurer or health care services organization that holds a certificate of authority to transact in this state any kind of insurance or health care services organization business to which this article applies and includes an insurer or health care services organization whose license or certificate of authority in this state may have been suspended, revoked, not renewed or voluntarily withdrawn.  Member insurer does not include:

(a) A fraternal benefit society licensed under chapter 4, article 4 of this title.

(b) A hospital, medical, dental or optometric service corporation licensed under chapter 4, article 3 of this title.

(c) A prepaid dental plan organization licensed under chapter 4, article 7 of this title.

(d) A mandatory state pooling plan.

(e) A mutual assessment company or other person that operates on an assessment basis.

(f) A reciprocal insurance exchange licensed under chapter 4, article 2 of this title.

(g) An entity that is similar to any of the entities described in this paragraph.

11. "Moody's corporate bond yield average" means the monthly average corporate bond yield as published by Moody's investors service, incorporated, or any successor entity.

12. "Owner" and "policyholder" mean, when used in reference to a policy or contract, the person identified as the legal owner under the terms of the policy or contract or otherwise vested with legal title to the policy or contract through a valid assignment that is completed in accordance with the terms of the policy or contract and that is properly recorded as the owner on the member insurer's books. Owner and policyholder do not include a person with a mere beneficial interest in a policy or contract.

13. "Premiums":

(a) Means amounts or considerations by whatever name called that are received on covered policies or contracts less returned premiums, considerations and deposits and less dividends and experience credits.

(b) Does not include:

(i) Amounts or consideration received for policies or contracts or for parts of policies or contracts for which coverage is not provided under section 20-682, subsection C, except that assessable premium shall not be reduced under section 20-682, subsection D, paragraph 4, relating to interest limitations, and section 20-682, subsection E, paragraph 2, relating to limitations with respect to one individual, one participant and one policy or contract owner.

(ii) Amounts in excess of five million dollars with respect to multiple nongroup policies of life insurance owned by one owner, regardless of the number of policies or contracts held by the owner.

14. "Resident" means a person to whom a contractual obligation is owed and who resides in this state on the date of entry of a court order that determines a member insurer to be an impaired insurer or an insolvent insurer.  A person may be a resident of only one state, which for a person other than a natural person shall be its principal place of business.  A United States citizen who resides in a foreign country or a United States territory, possession or protectorate that does not have a fund similar to the fund established under this article shall be deemed to be a resident of the state of domicile of the member insurer that issued the policy or contract.

15. "Structured settlement annuity" means an annuity purchased in order to fund periodic payments for a plaintiff or other claimant in payment for or with respect to personal injury suffered by the plaintiff or other claimant.

16. "Supplemental contract" means a written agreement that is entered into for the distribution of proceeds under a life, disability, disability income or annuity policy or contract.

17. "Unallocated annuity contract" means an annuity contract or group annuity certificate that is not issued to and owned by an individual, except to the extent of any annuity benefits guaranteed to an individual by an insurer under the contract or certificate.
A.R.S. § 20-121 — Arizona Code / Title 20 / Chapter 1 / Article 1 / Section 121
20-121 Health care exchange; abortion coverage; prohibition; exceptions
Status: in_force

20-121. Health care exchange; abortion coverage; prohibition; exceptions

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 of this section does not apply to coverage for any abortion:

1. That is necessary to save the life of the woman having the abortion.

2. That is necessary to avert substantial and irreversible impairment of a major bodily function of the woman having the abortion.

3. When the pregnancy is the result of rape or incest.
A.R.S. § 20-516 — Arizona Code / Title 20 / Chapter 3 / Article 1 / Section 516
20-516 Reserve standards
Status: in_force

20-516. Reserve standards

An insurer shall maintain reserves that place a sound value on its liabilities under its policies, annuities and subscriber contracts. The reserves shall not be less than the amount, estimated and consistent with the provisions of this title, necessary to assure payment of the insurer's unpaid policyholder and contract holder obligations, whether those obligations are reported or reported together with the expenses of adjustment or settlement of the obligations.
A.R.S. § 20-1210 — Arizona Code / Title 20 / Chapter 6 / Article 1 / Section 1210
20-1210 Nonforfeiture options in old policies
Status: in_force

20-1210. Nonforfeiture options in old policies

A. There shall be a provision specifying the option to which the policyholder is entitled in the event of default in a premium payment after three full annual premiums have been paid. This provision shall not be required in term insurance of twenty years or less, for which uniform premiums are payable during the entire term of the policy, nor to any term policy of decreasing amount. A provision may also be inserted in the policy that in the event of default in a premium payment before such options become available the reserve on any dividend addition then in force may at the option of the insurer be paid in cash or applied as a net premium to the purchase of paid-up term insurance for any amount not in excess of the face of the original policy.

B. This section shall not apply to policies issued on or after the operative date of section 20-1231.
A.R.S. § 20-231 — Arizona Code / Title 20 / Chapter 2 / Article 1 / Section 231
20-231 Transfer of domicile
Status: in_force

20-231. Transfer of domicile

A. Any insurer organized under the laws of any other state and admitted to do business in this state for the purpose of writing insurance may, upon complying with all requirements of law relative to the organization of a domestic insurer and by designating its principal place of business at a place in this state, become a domestic insurer. Such a domestic insurer is entitled to a certificate of authority to transact insurance in this state and is subject to the authority and jurisdiction of this state.

B. Any domestic insurer may, upon the approval of the director, transfer its domicile to any other state in which it is admitted to transact insurance. Upon such a transfer the insurer ceases to be a domestic insurer. If otherwise qualified, the director shall admit such insurer to do business in this state as a foreign insurer. The director shall approve any proposed transfer unless he determines the transfer is not in the interest of the policyholders of the insurer in this state.

C. The certificate of authority, appointment of statutory agent and licenses, policy forms, rates, authorizations and other filings and approvals in existence at the time a foreign insurer, admitted to transact insurance in this state, transfers its corporate domicile to this or any other state by merger or otherwise continue in effect upon the transfer of corporate domicile. However, each transferring company shall notify the director of the proposed transfer and shall promptly file any resulting amendments to corporate documents filed or required to be filed with the director.
A.R.S. § 20-1694.01 — Arizona Code / Title 20 / Chapter 6 / Article 18 / Section 1694.01
20-1694.01 Identity theft group insurance; eligible groups
Status: in_force

20-1694.01. Identity theft group insurance; eligible groups

A. An authorized insurer or, subject to chapter 2, article 5 of this title, an unauthorized insurer may issue an identity theft group insurance policy in this state.  If an authorized insurer issues an identity theft group insurance policy in this state, the insurer shall file with the department pursuant to section 20-398 the policy to be issued to the group policyholder and the certificate to be issued to individual group members.  The contents of any certificate that is filed shall be consistent with the terms of the identity theft group insurance policy pursuant to which such certificate is issued.

B. An insurer may issue or deliver an identity theft group insurance policy in this state only pursuant to this article. The policy shall cover losses and expenses incurred by the certificate holder because of a stolen identity event.

C. An insurer may issue an identity theft group insurance policy to either of the following:

1. A business that sells services or products that are designed to prevent or to minimize the effects of a stolen identity event, if the policy insures the persons who purchase the services or products of the business and the business is the policyholder.

2. An entity for which the director determines by rule that the members are engaged in a common enterprise or have an economic or social affinity or relationship and that the issuance of the policy would not be contrary to the best interests of the public.

D. The groups listed in subsection C of this section shall consist of only natural persons and may include a member of a group member's immediate family or household.

E. An insurer shall treat all eligible groups of the same class in a like manner.
A.R.S. § 20-264 — Arizona Code / Title 20 / Chapter 2 / Article 2 / Section 264
20-264 Automobile insurance; damaged safety equipment deductible optional; definition
Status: in_force

20-264. Automobile insurance; damaged safety equipment deductible optional; definition

A. Any insurer writing private passenger automobile insurance which includes comprehensive coverage for motor vehicle damage shall provide at the option of the insured complete coverage for the repair or replacement of all damaged safety equipment without regard to any deductible.

B. As used in this section, "safety equipment" means the glass used in the windshield, doors and windows and the glass, plastic or other material used in the lights of a motor vehicle.
A.R.S. § 20-1376.02 — Arizona Code / Title 20 / Chapter 6 / Article 4 / Section 1376.02
20-1376.02 Prohibiting denial of psychologist contract benefits
Status: in_force

20-1376.02. Prohibiting denial of psychologist contract benefits

If a disability insurance contract provides for or offers reimbursement for any service which is within the lawful scope of the practice of a psychologist holding a certificate or license issued by the state in which the services are rendered, a subscriber covered under such contract may select either a physician or psychologist to provide the examination, care or treatment for which the subscriber is eligible and which falls within the scope of practice of the psychologist or physician.
A.R.S. § 20-485.05 — Arizona Code / Title 20 / Chapter 2 / Article 9 / Section 485.05
20-485.05 Inclusion of underwriting standards
Status: in_force

20-485.05. Inclusion of underwriting standards

The agreement required in section 20-485.01 shall make provision with respect to the underwriting or other standards pertaining to the business underwritten by such insurer.
A.R.S. § 20-1607 — Arizona Code / Title 20 / Chapter 6 / Article 10 / Section 1607
20-1607 Term of insurance
Status: in_force

20-1607. Term of insurance

A. Subject to acceptance by the insurer, the term of any consumer credit insurance shall commence on the date when the debtor becomes obligated to the creditor.

B. Notwithstanding subsection A of this section, the term of a policy that provides coverage for an existing obligation shall commence on the effective date of the policy and where evidence of insurability is required and the evidence is furnished more than thirty days after the date when the debtor becomes obligated to the creditor, the term of the insurance shall commence on the date on which the insurer determines the evidence to be satisfactory and in such event, respecting collections from or charges to the debtor for earlier coverage, there shall be an appropriate refund or adjustment.

C. Except where the creditor grants an extension of time for repayment of a debt, the term of any consumer credit insurance shall not extend more than fifteen days beyond the scheduled maturity date of the debt unless done without additional cost to the debtor. If the debt is discharged due to renewal or refinancing prior to the scheduled maturity date, the insurance in force shall be terminated before any new insurance may be issued in connection with the renewed or refinanced debt. In each case of termination prior to scheduled maturity, a refund shall be paid or credited as provided in section 20-1611.
A.R.S. § 20-3204 — Arizona Code / Title 20 / Chapter 22 / Article 1 / Section 3204
20-3204 Provider and broker disclosures to owners; violation; classification
Status: in_force

20-3204. Provider and broker disclosures to owners; violation; classification

A. The provider or broker shall provide in writing the following information, in a separate document that is signed by the owner and provider, to the owner no later than the date of application for the life settlement contract:

1. That there are possible alternatives to life settlements, including accelerated benefits options that may be offered by the life insurer or policy loans.

2. That some or all of the proceeds of a life settlement may be taxable and that assistance should be sought from a professional tax adviser.

3. That the proceeds from a life settlement could be subject to the claims of creditors.

4. That receipt of proceeds from a life settlement contract may adversely affect the recipient's eligibility for public assistance or other government benefits or entitlements and that advice should be obtained from the appropriate agencies.

5. That entering into a life settlement contract may cause other rights or benefits, including conversion rights and waiver of premium benefits that may exist under the policy or certificate of a group policy, to be forfeited by the owner and that assistance should be sought from a professional financial adviser.

6. That the owner has a right to rescind a life settlement contract within fifteen days after the date it is executed by all parties and the owner has received all required disclosures.  Rescission, if exercised by the owner, is effective only if both notice of rescission is given and the owner repays all proceeds and any premiums, loans and loan interest paid on account of the provider within the rescission period.  If the insured dies during the rescission period, the contract is deemed to have been rescinded subject to repayment by the owner or the owner's estate of all proceeds and any premiums, loans and loan interest to the provider.

7. That proceeds will be sent to the owner within three business days after the provider has received the insurer or group administrator's acknowledgment that ownership of the policy or the interest in the certificate has been transferred and the beneficiary has been designated according to the terms of the life settlement contract.

8. The date by which the monies will be available to the owner and the transmitter of the monies.

9. That the insured may be contacted by either the provider or the broker or its authorized representative for the purpose of determining the insured's health status or to verify the insured's address. This contact is limited to once every three months if the insured has a life expectancy of more than one year and not more than once per month if the insured has a life expectancy of one year or less.

10. Any affiliations or contractual relations between the provider and the broker and the affiliation, if any, between the provider and the issuer of the policy to be settled.

11. That a broker represents exclusively the owner and not the insurer or the provider or any other person and owes a fiduciary duty to the owner, including a duty to act according to the owner's instructions and in the best interest of the owner.

12. The name, business address and telephone number of the broker.

B. The disclosure required under subsection A shall also include the following statements:

All medical, financial or personal information solicited or obtained by a provider or broker about an insured, including the insured's identity or the identity of family members, a spouse or a significant other, may be disclosed as necessary to effect the life settlement contract between the owner and provider. If you are asked to provide this information, you will be asked to consent to the disclosure.  The information may be provided to someone who buys the policy or provides monies for the purchase.  You may be asked to renew your permission to share information every two years.

Any person who knowingly presents false information in an application for insurance or life settlement contract is guilty of a class 1 misdemeanor and may be subject to fines and confinement in jail.

C. The broker shall provide the owner and the provider with at least all of the following disclosures in writing before all parties sign the life settlement contract.  The disclosures shall be clearly displayed in the life settlement contract or in a separate document signed by the owner:

1. The name, business address and telephone number of the broker.

2. A full, complete and accurate description of all of the offers, counteroffers, acceptances and rejections relating to the proposed life settlement contract.

3. A disclosure of any affiliations or contractual arrangements between the broker and any person making an offer in connection with the proposed life settlement contract.

4. The name of each broker who receives compensation and the amount of compensation received by that broker including anything of value paid or given to the broker in connection with the life settlement contract.

5. A complete reconciliation of the gross offer or bid by the provider to the net amount of proceeds or value to be received by the owner.  For the purposes of this paragraph, "gross offer or bid" means the total amount or value offered by the provider for the purchase of one or more life insurance policies including commissions and fees.
A.R.S. § 20-1693.06 — Arizona Code / Title 20 / Chapter 6 / Article 17 / Section 1693.06
20-1693.06 Application of existing laws
Status: in_force

20-1693.06. Application of existing laws

To the extent not inconsistent with this article, sections 20-281, 20-289 and 20-289.01, section 20-290, subsection A and sections 20-291, 20-292, 20-295, 20-296, 20-297, 20-299, 20-301 and 20-302 apply to the sale of portable electronics insurance.
A.R.S. § 20-1267 — Arizona Code / Title 20 / Chapter 6 / Article 2 / Section 1267
20-1267 Conversion on termination of policy
Status: in_force

20-1267. Conversion on termination of policy

In group life policies there shall be a provision that if the group policy terminates or is amended so as to terminate the insurance of any class of insured persons, each person insured thereunder at the date of termination whose insurance terminates and who has been so insured for at least five years prior to the termination date shall be entitled to have issued to him by the insurer an individual policy of life insurance, subject to the same conditions and limitations as are provided by section 20-1266, except that the group policy may provide that the amount of the individual policy shall not exceed the smaller of the amount of the person's life insurance protection ceasing because of the termination or amendment of the group policy, less the amount of any life insurance for which he is or becomes eligible under any group policy issued or reinstated by the same or another insurer within thirty-one days after such termination, and two thousand dollars.
A.R.S. § 20-1691.06 — Arizona Code / Title 20 / Chapter 6 / Article 15 / Section 1691.06
20-1691.06 Outline of coverage; certificate
Status: in_force

20-1691.06. Outline of coverage; certificate

A. An outline of coverage shall be delivered to an applicant for a long-term care insurance policy at the time of initial solicitation through means that prominently direct the recipient’s attention to the document and its purpose. In the case of direct response solicitations, the outline of coverage shall be presented in conjunction with an application or enrollment form. In the case of insurance producer solicitations, the insurance producer shall deliver the outline of coverage before the presentation of an application or enrollment form.  The outline of coverage shall include all of the following:

1. A description of the principal benefits and coverage provided in the policy.

2. A statement of the principal exclusions, reductions and limitations contained in the policy.

3. A statement of the renewal provisions, including any reservation in the policy of a right to change premiums, and any continuation or conversion provisions of group coverage.

4. A statement that the outline of coverage is a summary of the policy issued or applied for and that the policy should be consulted to determine governing contractual provisions.

5. A description of the terms under which the policy or certificate may be returned and the premium refunded.

6. A description of the relationship of cost of care and benefits.

7. A statement and description of whether the policy constitutes a qualified long-term care insurance contract.

B. For a long-term care insurance policy that is issued to a group as defined in section 20-1691, paragraph 4, subdivision (a), an outline of coverage is not required to be delivered if the information listed in subsection A of this section is contained in other materials related to enrollment. On request, an insurer shall make the other materials available to the director.

C. On delivery of an individual life insurance policy that provides long-term care benefits within the policy or by rider, a policy summary shall be delivered to the policyholder. In the case of direct response solicitations, the insurer shall deliver the policy summary on the applicant's request. If an applicant does not request the delivery of a policy summary, the insurer shall deliver the policy summary no later than at the time the policy is delivered. A policy summary shall include:

1. An explanation of how the long-term care benefits interact with other components of the policy, including deductions from death benefits.

2. An explanation of the amount of benefits, the length of benefits and the guaranteed lifetime benefits, if any, for each covered person.

3. Any exclusions, reductions or limitations on benefits of long-term care.

4. A statement that any long-term care inflation protection option required by state law is not available under the policy.

5. If applicable to the type of policy that is issued:

(a) A disclosure of the effects of exercising other rights under the policy.

(b) A disclosure of guarantees that are related to long-term care costs of insurance charges.

(c) Current and projected maximum lifetime benefits.

6. An explanation of the monthly reporting requirements for life insurance policies with an accelerated death benefits option.

D. The provisions of the policy summary required under subsection C of this section may be incorporated into any required life insurance illustration or policy summary.

E. The insurer shall provide a monthly report to the insured any time a long-term care benefit that is funded through a life insurance vehicle by the acceleration of the death benefit is in benefit payment status and the report shall include:

1. Any long-term care benefits paid out during the month.

2. An explanation of any changes in the policy, including death benefits or cash values, due to long-term care benefits paid out.

3. The amount of long-term care benefits existing or remaining.

F. A certificate issued pursuant to a group long-term care insurance policy that is delivered or issued for delivery in this state shall include all of the following:

1. A description of the principal benefits and coverage provided in the policy.

2. A statement of the principal exclusions, reductions and limitations contained in the policy.

3. A statement that the group master policy should be consulted to determine governing contractual provisions.

G. If an application for a long-term care insurance contract or certificate is approved, the issuer shall deliver the contract or certificate of insurance to the applicant within thirty days after approval.

H. An insurer shall notify a claimant that a claim under a long-term care insurance policy is accepted or denied within fifteen working days after the insurer's receipt of a claim if the insurer has received the documentation it reasonably requires to determine liability.  If the insurer requires longer than fifteen working days, the insurer, within the fifteen days, shall notify the claimant of the need for additional time and shall explain why additional time is required. In no case shall the determination exceed sixty days.

I. If an insurer denies a claim under a long-term care insurance policy, the insurer shall:

1. Provide the policyholder, certificate holder or designated representative of the policyholder or certificate holder with a written explanation of the reasons for the denial, including a reference to any specific policy provision, condition or exclusion supporting the denial.

2. Make available all information directly related to the denial to the policyholder, certificate holder or designated representative of the policyholder or certificate holder.
A.R.S. § 20-2107 — Arizona Code / Title 20 / Chapter 11 / Article 1 / Section 2107
20-2107 Investigative consumer reports
Status: in_force

20-2107. Investigative consumer reports

A. No insurance institution, insurance producer or insurance support organization may prepare or request an investigative consumer report about an individual in connection with an insurance transaction involving an application for insurance, a policy renewal, a policy reinstatement or a change in insurance benefits unless the insurance institution or insurance producer informs the individual that the individual may request to be interviewed in connection with the preparation of the investigative consumer report and that upon a request pursuant to section 20-2108 the individual is entitled to receive a copy of the investigative consumer report.

B. If an investigative consumer report is to be prepared by an insurance institution or insurance producer, the insurance institution or insurance producer shall institute reasonable procedures to conduct a personal interview requested by an individual.

C. If an investigative consumer report is to be prepared by an insurance support organization, the insurance institution or insurance producer desiring the report shall inform the insurance support organization whether a personal interview has been requested by the individual. The insurance support organization shall institute reasonable procedures to conduct the interview, if requested.
A.R.S. § 20-625 — Arizona Code / Title 20 / Chapter 3 / Article 4 / Section 625
20-625 Conduct of delinquency proceedings against foreign insurers
Status: in_force

20-625. Conduct of delinquency proceedings against foreign insurers

A. If under this article an ancillary receiver is to be appointed in delinquency proceedings for an insurer not domiciled in this state, the court shall appoint the director as ancillary receiver. The director shall file a petition requesting the appointment on the grounds set forth in section 20-619 if the director finds that there are sufficient assets of the insurer located in this state to justify the appointment of an ancillary receiver, or if ten or more persons resident in this state having claims against the insurer file a petition with the director requesting the appointment of an ancillary receiver.

B. The domiciliary receiver, for the purpose of liquidating an insurer domiciled in a reciprocal state, shall be vested by operation of law with the title to all of the property, contracts and rights of action and all of the books and records of the insurer located in this state and the domiciliary receiver shall have the immediate right to recover balances due from local agents and to obtain possession of any books and records of the insurer found in this state. The domiciliary receiver shall also be entitled to recover the other assets of the insurer located in this state, except that on the appointment of an ancillary receiver in this state, the ancillary receiver shall during the ancillary receivership proceedings have the sole right to recover such other assets.  The ancillary receiver, as soon as practicable, shall liquidate from its respective securities those special deposit claims and secured claims that are proved and allowed in the ancillary proceedings in this state and shall pay the necessary expenses of the proceedings. The ancillary receiver shall promptly transfer all remaining assets to the domiciliary receiver. Subject to the foregoing provisions, the ancillary receiver and the ancillary receiver's deputies shall have the same powers and be subject to the same duties with respect to the administration of such assets as a receiver of an insurer domiciled in this state.

C. The domiciliary receiver of an insurer domiciled in a reciprocal state may sue in this state to recover any assets of the insurer to which the domiciliary receiver may be entitled under the laws of this state.
A.R.S. § 20-531 — Arizona Code / Title 20 / Chapter 3 / Article 2 / Section 531
20-531 Scope of article
Status: in_force

20-531. Scope of article

Except as to section 20-559, this article applies to domestic insurers only. This article shall apply to domestic title insurers except as provided in article 9 of chapter 6 of this title.
A.R.S. § 20-1243.02 — Arizona Code / Title 20 / Chapter 6 / Article 1.3 / Section 1243.02
20-1243.02 Exemptions
Status: in_force

20-1243.02. Exemptions

Unless otherwise specifically included, this article does not apply to recommendations involving:

1. Direct response solicitations if there is no recommendation based on information collected from the consumer pursuant to this article.

2. Contracts used to fund any of the following:

(a) An employee pension or welfare benefit plan that is covered by the employee retirement and income security act of 1974 (P.L. 93-406; 88 Stat. 829; 29 United States Code sections 1001 through 1461).

(b) A plan described by section 401(a), 401(k), 403(b), 408(k) or 408(p) of the internal revenue code, if established or maintained by an employer.

(c) A government or church plan as defined in section 414 of the internal revenue code, a government or church welfare benefit plan or a deferred compensation plan of a state or local government or tax exempt organization under section 457 of the internal revenue code.

(d) A nonqualified deferred compensation arrangement established or maintained by an employer or plan sponsor.

(e) Settlements of, or assumptions of liabilities associated with, personal injury litigation or any dispute or claim resolution process.

(f) Formal prepaid funeral contracts.
A.R.S. § 20-1401.01 — Arizona Code / Title 20 / Chapter 6 / Article 5 / Section 1401.01
20-1401.01 Group disability insurers; notice; copies
Status: in_force

20-1401.01. Group disability insurers; notice; copies

A. No person or insurer may deliver or issue for delivery to an employer in this state a certificate of insurance or other evidence of coverage of a group disability policy issued outside this state unless the certificate or other evidence of coverage contains the following notice, prominently displayed: "Notice: This certificate of insurance may not provide all benefits and protections provided by law in Arizona. Please read this certificate carefully."

B. At least thirty days before offering coverage under a group disability policy issued outside this state to an employer in this state, any person or insurer offering this coverage shall make available to the director copies of the policies and certificates of insurance or other evidences of coverage issued under such policies.

C. The director may adopt rules prescribing disclosure standards for advertising, solicitation and similar representations. Such standards shall apply to all representations made prior to sale or at the point of sale.
A.R.S. § 20-411.01 — Arizona Code / Title 20 / Chapter 2 / Article 5 / Section 411.01
20-411.01 Licensing of Mexican insurance surplus lines broker
Status: in_force

20-411.01. Licensing of Mexican insurance surplus lines broker

A. Any resident or nonresident licensed insurance producer that maintains an office in this state may be licensed as a Mexican insurance surplus lines broker to transact insurance business as prescribed in section 20-422 if the director determines that the insurance producer is competent and the insurance producer complies with all of the requirements of section 20-411 except for section 20-411, subsection C. The director shall prescribe and provide application forms.

B. Any surplus lines broker licensed pursuant to section 20-411 or 20-411.02 may transact the insurance business prescribed in section 20-422 without being licensed under this section.
A.R.S. § 20-663 — Arizona Code / Title 20 / Chapter 3 / Article 6 / Section 663
20-663 Guaranty fund board; composition; compensation
Status: in_force

20-663. Guaranty fund board; composition; compensation

A. The guaranty fund board is established within the department of insurance and financial institutions consisting of eleven members who are appointed by the governor. Membership on the board shall be for a term of three years.

B. The members of the board shall be appointed from a list of persons submitted to the governor by the director of the department of insurance and financial institutions and shall be representative of a cross section of the industry that is authorized to transact property or casualty insurance within this state. The board shall be composed of:

1. Nine members, each representing a different insurer that is authorized to transact property or casualty insurance business in this state, including at least one member who represents a workers' compensation insurer that has been authorized to transact workers' compensation insurance business in this state for at least ten consecutive years.

2. One member who is a casualty insurance producer residing in this state.

3. One member who represents the general public.

C. The board shall conduct periodic meetings in Phoenix. Meetings shall be held on the call of the director or on the written request of any two members of the board.

D. Subject to the powers of the director, the board shall administer, operate and manage the fund pursuant to this article. The board shall advise and counsel the director on matters relating to the solvency of insurers.

E. Members of the board are not entitled to receive compensation and travel expenses as authorized by title 38, chapter 4, article 2, but are entitled to be reimbursed for expenses incurred by them as members of the board from the assets of the fund.
A.R.S. § 20-3401 — Arizona Code / Title 20 / Chapter 26 / Article 1 / Section 3401
20-3401 Definitions
Status: in_force

20-3401. Definitions

In this article, unless the context otherwise requires:

1. "Adverse determination":

(a) Means a decision by a health care services plan or its utilization review agent that the health care services furnished or proposed to be furnished to an enrollee are not medically necessary and plan coverage is therefore denied, reduced or terminated.

(b) Does not include a decision to deny, reduce or terminate services that are not covered for reasons other than medical necessity.

2. "Authorization":

(a) Means a determination by a health care services plan or its utilization review agent that a health care service has been reviewed and, based on the information provided, satisfies the health care services plan's requirements for medical necessity and appropriateness and that payment under the plan will be made for that health care service.

(b) Does not include any different or additional procedures, services or treatments beyond those specifically reviewed and approved by the health care services plan.

3. "Emergency ambulance services" has the same meaning prescribed in section 20-2801.

4. "Emergency services" has the same meaning prescribed in section 20-2801.

5. "Enrollee" means an individual or a dependent of that individual who is currently enrolled with and covered by a health care services plan. Enrollee includes an enrollee's legally authorized representative.

6. "Health care service":

(a) Means a health care procedure, treatment or service that is covered under a health care services plan.

(b) Includes providing a prescription drug, device or durable medical equipment that is covered under a health care services plan.

(c) Does not include treatments that are experimental, investigational or off label.

7. "Health care services plan":

(a) Means a plan offered by a disability insurer, group disability insurer, blanket disability insurer, health care services organization, hospital service corporation or medical service corporation that contractually agrees to pay or make reimbursements for health care services expenses for one or more individuals residing in this state.

(b) Does not include benefits provided under limited benefit coverage as defined in section 20-1137.

8. "Medically necessary" or "medical necessity":

(a) Means covered health care services provided by a licensed provider acting within the provider's scope of practice in this state to prevent or treat disease, disability or other adverse conditions or their progression or to prolong life.

(b) Does not include services that are experimental or investigational or prescriptions that are prescribed off label.

9. "Medication-assisted treatment" has the same meaning prescribed in section 32-3201.01.

10. "Pharmacy benefit manager" has the same meaning prescribed in section 20-3321.

11. "Prior authorization requirement":

(a) Means a practice implemented by a health care services plan or its utilization review agent in which coverage of a health care service is dependent on an enrollee or a provider obtaining approval from the health care services plan before the service is performed, received or prescribed, as applicable.

(b) Includes preadmission review, pretreatment review, prospective review or utilization review procedures conducted by a health care services plan or its utilization review agent before providing a health care service.

(c) Does not include case management or step therapy protocols.

12. "Provider" means a physician, health care institution or other person or entity that is licensed or otherwise authorized to furnish health care services in this state.

13. "Urgent health care service" means a health care service with respect to which the application of the time periods for making a nonexpedited prior authorization decision, in the opinion of a provider with knowledge of the enrollee's medical condition, could either:

(a) Seriously jeopardize the life or health of the enrollee or the ability of the enrollee to regain maximum function.

(b) Subject the enrollee to severe pain that cannot be adequately managed without the care or treatment that is the subject of the utilization review.

14. "Utilization review agent" has the same meaning prescribed in section 20-2501.
A.R.S. § 20-515 — Arizona Code / Title 20 / Chapter 3 / Article 1 / Section 515
20-515 Valuation of assets held in separate accounts
Status: in_force

20-515. Valuation of assets held in separate accounts

Assets, unless otherwise approved by the director, allocated to a separate account established pursuant to section 20-651 shall be valued at their market value on the date of valuation, or if there is no readily available market, then as provided under the terms of the contract or the rules or other written agreement applicable to such separate account, provided that unless otherwise approved by the director, the portion if any of the assets of such separate account equal to the company's reserve liability with regard to the guaranteed benefits and funds referred to in subsection C of section 20-651 shall be valued in accordance with the rules otherwise applicable to the company's assets.
A.R.S. § 20-1095.02 — Arizona Code / Title 20 / Chapter 4 / Article 11 / Section 1095.02
20-1095.02 Exemptions; definition
Status: in_force

20-1095.02. Exemptions; definition

A. This article, except for section 20-1095.09, does not apply to the following:

1. Warranties issued by manufacturers, builders or sellers on the actual items, structures or improvements that they manufacture, build or sell.

2. Service contract programs if a motor vehicle manufacturer or motor vehicle dealer has financial responsibility for performance.

3. Warranties and service contracts issued by a corporation other than a manufacturer or seller in connection with consumer products that are distributed by the corporation if the issuing corporation:

(a) Is an affiliate of a consumer products manufacturer.

(b) By March 1 of each year submits to the director a financial statement in which at least one officer of the issuing corporation attests that the issuing corporation has and maintains a net worth in excess of $25,000,000. Any information, documents and copies that are obtained by or disclosed to the director or any other person pursuant to this subdivision are not available for public inspection, except that the director may use this information in any proceeding relating to this article.

4. A service company that issues a service contract to persons other than a consumer.

5. A service company that is in the business of selling or servicing any one of the following, if the service contract only covers the actual item the service company sells:

(a) Appliances or electronic equipment, or both.

(b) Residential heating, cooling or air conditioning systems.

(c) Mechanical equipment, other than motor vehicles or their components.

6. A service company only to the extent that it is in the business of selling or servicing directly, or through other retailers, cell phones and other electronic personal communications devices and accessories.

7. Any person licensed pursuant to title 32, chapter 10, or not required to be licensed because exempt pursuant to section 32-1121, subsection A, paragraph 13 whose service contract only covers the actual items, structures or improvements that the person installs, constructs or builds.

8. A maintenance agreement of limited duration that provides for scheduled maintenance only and does not include repair or replacement.

B. The director may employ independent examiners pursuant to section 20-156 to review and analyze the financial statements that are submitted pursuant to subsection A, paragraph 3 of this section.

C. The types of agreements referred to in subsection A of this section are not insurance and are not required to comply with the insurance laws of this state unless a provision is made expressly applicable in this article.

D. For the purposes of this section, "affiliate" means a corporation that is owned or controlled by or is under common control with a manufacturer.
A.R.S. § 20-3212 — Arizona Code / Title 20 / Chapter 22 / Article 1 / Section 3212
20-3212 Scope of chapter
Status: in_force

20-3212. Scope of chapter

This chapter does not:

1. Preempt the authority or relieve the duty of other law enforcement or regulatory agencies to investigate, examine and prosecute suspected violations of law.

2. Prevent or prohibit a person from disclosing voluntarily information concerning life settlement fraud to a law enforcement or regulatory agency other than the department.

3. Limit the powers granted elsewhere by the laws of this state to the director or an insurance fraud unit to investigate and examine possible violations of law and to take appropriate action against wrongdoers.

4. Preempt or otherwise limit title 44, chapter 12 or any rules, orders, policy statements, notices, bulletins or other interpretations issued by or through the corporation commission or the corporation commission's designee acting pursuant to title 44, chapter 12. Compliance with this chapter does not constitute compliance with any applicable provision of title 44, chapter 12 or any rules, orders, policy statements, notices, bulletins or other interpretations issued by or through the corporation commission or the corporation commission's designee acting pursuant to title 44, chapter 12.
A.R.S. § 20-2108 — Arizona Code / Title 20 / Chapter 11 / Article 1 / Section 2108
20-2108 Access to recorded personal information
Status: in_force

20-2108. Access to recorded personal information

A. If any individual, after proper identification, submits a written request to an insurance institution, insurance producer or insurance support organization for access to recorded personal information about the individual which is reasonably described by the individual and which the insurance institution, insurance producer or insurance support organization can reasonably locate and retrieve the insurance institution, insurance producer or insurance support organization shall within thirty business days from the date the request is received:

1. Inform the individual of the nature and substance of the recorded personal information in writing, by telephone or by other oral communication, whichever the insurance institution, insurance producer or insurance support organization prefers.

2. Permit the individual to see and copy, in person, the recorded personal information pertaining to the individual or to obtain a copy of the recorded personal information by mail, whichever the individual prefers, unless the recorded personal information is in coded form, in which case the insurance institution, insurance producer or insurance support organization shall provide an accurate translation in plain language and in writing.

3. Disclose to the individual the identity, if recorded, of those persons to whom the insurance institution, insurance producer or insurance support organization has disclosed the personal information within two years prior to the request, and if the identity is not recorded, the names of those insurance institutions, insurance producers, insurance support organizations or other persons to whom the information is normally disclosed.

4. Provide the individual with a summary of the procedures by which the individual may request correction, amendment or deletion of recorded personal information.

B. Any personal information provided pursuant to subsection A of this section shall identify the source of the information if the source is an institutional source.

C. Medical record information supplied by a medical care institution or medical professional and requested under subsection A of this section, together with the identity of the medical professional or medical care institution which provided the information, shall be supplied either directly to the individual or to a medical professional designated by the individual and licensed to provide medical care with respect to the condition to which the information relates, whichever the insurance institution, insurance producer or insurance support organization prefers. If it elects to disclose the information to a medical professional designated by the individual, the insurance institution, insurance producer or insurance support organization shall notify the individual, at the time of the disclosure, that it has provided the information to the medical professional.

D. Except for personal information provided under section 20-2109, an insurance institution, insurance producer or insurance support organization may charge a reasonable fee to cover the costs incurred in providing a copy of recorded personal information to individuals.

E. The obligations imposed by this section upon an insurance institution or insurance producer may be satisfied by another insurance institution or insurance producer authorized to act on its behalf. With respect to the copying and disclosure of recorded personal information pursuant to a request under subsection A of this section, an insurance institution, insurance producer or insurance support organization may make arrangements with an insurance support organization or a consumer reporting agency to copy and disclose recorded personal information on its behalf.

F. The rights granted to individuals in this section extend to all natural persons to the extent information about them is collected and maintained by an insurance institution, insurance producer or insurance support organization in connection with an insurance transaction. The rights granted to all natural persons by this subsection do not extend to information about them that relates to and is collected in connection with or in reasonable anticipation of a claim or civil or criminal proceeding involving them.

G. For the purposes of this section, "insurance support organization" does not include a consumer reporting agency.
A.R.S. § 20-463.01 — Arizona Code / Title 20 / Chapter 2 / Article 6 / Section 463.01
20-463.01 Unlawful practices; auto glass repair; policyholders; insurers
Status: in_force

20-463.01. Unlawful practices; auto glass repair; policyholders; insurers

A. It is an unlawful practice for a person who sells or repairs auto glass to knowingly:

1. Submit a false claim to an insurer for auto glass repair or replacement or for related services:

(a) If the services were not provided.

(b) Showing work performed in a geographical area that in fact was not the location where the services were provided and that results in a higher payment than would otherwise be paid to the person by the policyholder's insurer.

(c) Not authorized in writing by the owner or lessee of the vehicle.

(d) Showing work performed on a date other than the date the work was actually performed and resulting in a change of insurance coverage status.

2. Advise a policyholder to falsify the date of damage to the auto glass that results in a change of insurance coverage for repair or replacement of the auto glass.

3. Falsely sign on behalf of a policyholder or another person a work order, insurance assignment form or other related form in order to submit a claim to an insurer for auto glass repair or replacement or for related services.

4. Misrepresent to a policyholder or other person:

(a) The price of the proposed repairs or replacement being billed to the policyholder's insurer.

(b) That the insurer has approved the repairs or replacement unless the auto glass repair or replacement facility has verified coverage or obtained authorization directly from the insurance company or any other third party administrator contracted with the insurance company and the evidence has been confirmed by fax, e-mail or other written and recorded communication.

5. Represent to a policyholder or other person that the repair or replacement will be paid for entirely by the policyholder's insurer and at no cost to the policyholder unless the insurance coverage has been verified by a person who is employed by or is a producer contracted with the policyholder's insurer or is a third party administrator contracted with the insurer.

6. Add to the damage of auto glass before repair in order to increase the scope of repair or replacement or encourage a policyholder or other person to add to the damage of auto glass before repair.

7. Perform work clearly and substantially beyond the level of work necessary to repair or replace the auto glass to put the vehicle back into a safe pre-damaged condition in accordance with accepted or approved reasonable and customary glass repair or replacement techniques.

B. It is unlawful for a person who sells or repairs auto glass to intentionally misrepresent the relationship of the glass repair facility to the policyholder's insurer. For the purposes of determining whether a person intended the misrepresentation, it may be presumed that the person intended the misrepresentation if the person was engaged in a regular and consistent pattern of misrepresentation.

C. A violation of this section is subject to enforcement under this article.

D. For the purposes of determining whether a defendant knew of any particular element of the prohibited activity, it may be presumed that the person had knowledge if the person was engaged in a regular and consistent pattern of the prohibited activity.
A.R.S. § 20-491.03 — Arizona Code / Title 20 / Chapter 2 / Article 15 / Section 491.03
20-491.03 Submission of ORSA summary report; requirements
Status: in_force

20-491.03. Submission of ORSA summary report; requirements

A. On the director's request, and not more than once each year, an insurer shall submit to the director an ORSA summary report, or any combination of reports that together contain the information described in the ORSA guidance manual, applicable to the insurer or the insurance group of which the insurer is a member. Notwithstanding any request from the director, if the insurer is a member of an insurance group, the insurer shall submit the report or set of reports required by this subsection if the director is the lead state director or commissioner of the insurance group as determined by the procedures within the financial analysis handbook adopted by the national association of insurance commissioners.

B. The report shall include a signature of the insurer or insurance group's chief risk officer or other executive having responsibility for the oversight of the insurer's enterprise risk management process attesting to the best of that person's belief and knowledge that the insurer applies the enterprise risk management process described in the ORSA summary report and that a copy of the report has been provided to the insurer's board of directors or the appropriate governing committee.

C. An insurer may comply with subsection A of this section by providing the most recent and substantially similar report or reports provided by the insurer or another member of an insurance group of which the insurer is a member to the director or commissioner of another state or to a supervisor or regulator of a foreign jurisdiction if that report provides information that is comparable to the information described in the ORSA guidance manual.  Any such report in a language other than English shall be accompanied by a translation of that report into the English language.
A.R.S. § 20-1102 — Arizona Code / Title 20 / Chapter 5 / Article 1 / Section 1102
20-1102 "Policy" defined
Status: in_force

20-1102. "Policy" defined

"Policy" means contract of or agreement for or effecting insurance, or the certificate thereof, by whatever name called, and includes all clauses, riders, endorsements and papers attached thereto and a part thereof.
A.R.S. § 20-1376.05 — Arizona Code / Title 20 / Chapter 6 / Article 4 / Section 1376.05
20-1376.05 Telehealth; coverage of health care services; definition
Status: in_force

20-1376.05. Telehealth; coverage of health care services; definition

A. All policies issued, delivered or renewed by a disability insurer in this state must provide coverage for health care services that are provided through telehealth if the health care service would be covered were it provided through an in-person encounter between the insured and a health care provider and provided to an insured receiving the service in this state.  The following requirements apply to coverage of telehealth services:

1. Except as otherwise provided in this subsection, a disability insurer may not limit or deny the coverage of health care services provided through telehealth, including ancillary services, and may apply only the same limits or exclusions on a health care service provided through telehealth that are applicable to an in-person encounter for the same health care service, except for procedures or services for which the weight of evidence, based on practice guidelines, peer-reviewed clinical publications or research or recommendations by the telehealth advisory committee on telehealth best practices established by section 36-3607, determines not to be appropriate to be provided through telehealth.

2. Except as otherwise provided in this paragraph, a disability insurer shall reimburse health care providers at the same level of payment for equivalent services as identified by the healthcare common procedure coding system, whether provided through telehealth using an audio-visual format or in-person care.  A disability insurer shall reimburse health care providers at the same level of payment for equivalent in-person behavioral health and substance use disorder services as identified by the healthcare common procedure coding system if provided through telehealth using an audio-only format. This paragraph does not apply to a telehealth encounter provided through a telehealth platform that is sponsored or provided by the disability insurer.  A disability insurer may not require a health care provider to use a telehealth platform that is sponsored or provided by the disability insurer as a condition of network participation.

3. Before January 1, 2022, a disability insurer shall cover services provided through an audio-only telehealth encounter if that service is reimbursed by medicare or the Arizona health care cost containment system when provided through an audio-only telehealth encounter.  Beginning January 1, 2022, a disability insurer shall cover services provided through an audio-only telehealth encounter if the telehealth advisory committee on telehealth best practices established by section 36-3607 recommends that the services may appropriately be provided through an audio-only telehealth encounter.

4. A health care provider shall bill for a telehealth encounter using the healthcare common procedure coding system and shall identify whether the telehealth encounter was provided in an audio-only or audio-video format.  To submit a claim for an audio-only service, the health care provider must make telehealth services generally available to patients through the interactive use of audio, video or other electronic media.

5. At the time of the telehealth encounter, the health care provider shall access clinical information and records, if available, that are appropriate to evaluate the patient's condition.  The health care provider shall inform the insured before the telehealth encounter if there is a charge for the encounter.

6. A disability insurer may establish reasonable requirements and parameters for telehealth services, including documentation, fraud prevention, identity verification and recordkeeping, but such requirements and parameters may not be more restrictive or less favorable to health care providers or insureds than are required for health care services delivered in person.

7. Covered telehealth services may be provided regardless of where the insured is located or the type of site.

8. Except in an emergency as prescribed in section 20-2803, the policy may limit the coverage to those health care providers who are members of the disability insurer's provider network.

B. Subsection A of this section does not:

1. Limit the ability of disability insurers to provide incentives to insureds that are designed to improve health outcomes, increase adherence to a course of treatment or reduce risk.

2. Prevent disability insurers from offering network contracts to health care providers that employ value-based purchasing or bundled payment methodologies if otherwise allowed by law or prevent health care providers from voluntarily agreeing to enter into such contracts with a disability insurer.

C. This section does not relieve a disability insurer from an obligation to provide adequate access to in-person health care services.  Network adequacy standards required by federal or state law may not be met by a disability insurer through the use of contracted health care providers who provide only telehealth services and do not provide in-person health care services in this state or within fifty miles of the border of this state.

D. This section does not prevent a disability insurer from imposing deductibles or copayment or coinsurance requirements for a health care service provided through telehealth if the deductible, copayment or coinsurance does not exceed the deductible, copayment or coinsurance applicable to an in-person encounter for the same health care service. If the disability insurer waives a deductible or copayment or coinsurance requirement that impacts a health care provider's contracted reimbursement rate, the disability insurer shall reimburse the health care provider for the cost of the deductible or copayment or coinsurance requirement to ensure that the health care provider receives the contracted reimbursement rate if the service is covered and the claim meets other requirements of the network participation agreement.

E. Services provided through telehealth or resulting from a telehealth encounter are subject to all of this state's laws and rules that govern prescribing, dispensing and administering prescription pharmaceuticals and devices and shall comply with Arizona licensure requirements and any practice guidelines of the telehealth advisory committee on telehealth best practices established by section 36-3607 or, if not addressed, the practice guidelines of a national association of medical professionals promoting access to medical care for consumers via telecommunications technology or other qualified medical professional societies to ensure quality of care.

F. This section does not apply to limited benefit coverage as defined in section 20-1137.

G. For the purposes of this section, "telehealth":

1. Means the interactive use of audio, video or other electronic media, including asynchronous store-and-forward technologies and remote patient monitoring technologies, for the purpose of diagnosis, consultation or treatment.

2. Includes:

(a) The use of an audio-only telephone encounter between an insured who has an existing relationship with a health care provider or provider group if both of the following apply:

(i) An audio-visual telehealth encounter is not reasonably available due to the insured's functional status, the insured's lack of technology or telecommunications infrastructure limits, as determined by the health care provider.

(ii) The telehealth encounter is initiated at the request of the insured or authorized by the insured before the telehealth encounter.

(b) The use of an audio-only encounter between the insured and a health care provider, regardless of whether there is an existing relationship with the health care provider or provider group, if the telehealth encounter is for a behavioral health or substance use disorder service and both items of subdivision (a) of this paragraph apply.

3. Does not include the sole use of a fax machine, instant messages, voice mail or email.
A.R.S. § 20-2218 — Arizona Code / Title 20 / Chapter 12 / Article 1 / Section 2218
20-2218 Costs; charge to the association
Status: in_force

20-2218. Costs; charge to the association

All reasonable and necessary costs incurred by the director pursuant to this chapter shall be charged to and immediately reimbursed by the association.
A.R.S. § 20-1412 — Arizona Code / Title 20 / Chapter 6 / Article 5 / Section 1412
20-1412 Group and blanket disability insurance policies or contracts; varying copayments and deductibles allowed
Status: in_force

20-1412. Group and blanket disability insurance policies or contracts; varying copayments and deductibles allowed

A. Except as provided in sections 20-1379 and 20-2304, a group disability insurer or a blanket disability insurer may offer one or more disability insurance policies or contracts that contain a choice of deductibles, coinsurance, copayments, out-of-pocket and any other cost sharing levels.  Plans offered under this section shall clearly disclose in marketing materials, certificates of coverage and contracts the insured’s financial responsibilities.  A group disability insurer or blanket disability insurer that offers such a disability insurance policy or contract shall continue to provide any mandated health coverage that is required by this state or by federal law.

B. This section does not prohibit a health benefits plan that is intended to qualify as a high deductible health plan as defined by 26 United States Code section 223(c)(2) from requiring the application of deductibles, copayments or coinsurance to benefits provided under the health benefits plan.
A.R.S. § 20-1098.15 — Arizona Code / Title 20 / Chapter 4 / Article 14 / Section 1098.15
20-1098.15 Applicability
Status: in_force

20-1098.15. Applicability

A. Chapter 2, article 6 of this title relating to unfair trade practices and frauds applies to captive insurers, except to the extent the director determines the nature of captive insurance renders particular provisions of chapter 2, article 6 of this title inappropriate.

B. All other provisions of this title that are not inconsistent with this article apply to captive insurers, except to the extent the director determines the nature of captive insurance renders particular provisions of this title inappropriate.

C. A captive insurer that is formed as a corporation is subject to the applicable provisions of title 10, except as otherwise prescribed in this article.

D. A captive insurer that is formed as a limited liability company is subject to the applicable provisions of title 29, except as otherwise prescribed in this article.

E. The provisions of article 1 of this chapter relating to mergers, consolidations, conversions, mutualizations and redomestications apply in determining the procedures to be followed by captive insurers in carrying out those transactions, except that the director may waive or modify the requirements for a public notice and hearing prescribed in section 20-731. Notwithstanding section 20-731, a domestic captive insurer may merge or consolidate with any other domestic captive insurer, foreign captive insurer or alien captive insurer even if the domestic captive insurer, foreign captive insurer or alien captive insurer was formed as a limited liability company or a stock corporation.

F. Chapter 2, article 8 of this title relating to insurance holding company systems applies to risk retention groups as defined in section 20-1098 or 20-2401.

G. Chapter 2, article 12 of this title relating to risk-based capital, as modified by the national association of insurance commissioners for risk retention groups, applies to risk retention groups as defined in section 20-1098 or 20-2401. If a risk retention group is subject to regulatory action as prescribed in section 20-488.02, 20-488.03, 20-488.04 or 20-488.05, the regulatory action shall be at the discretion of the director.

H. Unless otherwise prescribed by the director based on a risk retention group's business plan, remoteness of the risk and claim frequency, section 20-260, subsection A, relating to individual risk limitation, applies to risk retention groups as defined in section 20-1098 or 20-2401.
A.R.S. § 20-1565 — Arizona Code / Title 20 / Chapter 6 / Article 9 / Section 1565
20-1565 Additional powers
Status: in_force

20-1565. Additional powers

A. A title insurer may provide any other services reasonably related to the land title business and may engage in any other business which is not inconsistent with the business of issuing title insurance policies and which may be authorized by its corporate charter, but only if such services and businesses are not prohibited to it by this title and if the title insurer qualifies for and obtains any other applicable license or certificate that is required by any other law regulating the services or business.

B. Neither a title insurer nor a title insurance agent shall engage in the business of guaranteeing the payment of the principal or the interest of bonds or other obligations.
A.R.S. § 20-205 — Arizona Code / Title 20 / Chapter 2 / Article 1 / Section 205
20-205 "State," "United States" defined
Status: in_force

20-205. "State," "United States" defined

"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.R.S. § 20-1587 — Arizona Code / Title 20 / Chapter 6 / Article 9 / Section 1587
20-1587 Personal or controlled insurance
Status: in_force

20-1587. Personal or controlled insurance

A. As used in this article "personal or controlled insurance" means a policy of title insurance where the insured or one of the insureds under such policy is, or the loss thereunder is payable to:

1. The title insurer issuing such policy for its own benefit rather than as a fiduciary, or

(a) Any person directly or indirectly owning or controlling a majority of the voting stock or controlling interest in such title insurer, or

(b) Any corporation which is directly or indirectly controlled by a person who also directly or indirectly owns or controls the title insurer, or

(c) Any corporation making consolidated returns for United States income tax purposes with such title insurer or with any corporation which controls or is under common control with such title insurer.

2. The title insurance agent issuing such policy, for his own benefit rather than as a fiduciary, or

(a) Any person directly or indirectly owning or controlling a majority of the voting stock or controlling interest in such agent, or

(b) Any corporation which is directly or indirectly controlled by a person who also controls the title insurance agent, or

(c) Any corporation making consolidated returns for United States income tax purposes with the agent or any corporation which controls or is under common control with the agent.

B. If the fees and charges received in any one calendar year by a title insurer or by a title insurance agent for personal or controlled insurance from any single source shall exceed twenty-five per cent, or for personal or controlled insurance from all sources shall exceed fifty per cent, of the total fees and charges received by such title insurer or by such title insurance agent for title insurance issued in the same year in this state, the excess shall be deemed to be unlawful rebate.
A.R.S. § 20-1258 — Arizona Code / Title 20 / Chapter 6 / Article 2 / Section 1258
20-1258 Standard provisions required in group life insurance policies
Status: in_force

20-1258. Standard provisions required in group life insurance policies

A. Except as set forth in subsection B of this section, no policy of group life insurance shall be delivered in this state unless it contains in substance the standard provisions as required by sections 20-1259 to 20-1268, inclusive, or provisions which in the opinion of the director are more favorable to the persons insured, or at least as favorable to the persons insured and more favorable to the policyholder.

B. The provisions of sections 20-1264 to 20-1268, inclusive, shall not apply to policies issued to a creditor to insure debtors of the creditor. The standard provisions required for individual life insurance policies shall not apply to group life insurance policies. If the group life insurance policy is on a plan of insurance other than the term plan, it shall contain a nonforfeiture provision or provisions which in the opinion of the director is or are equitable to the insured persons and to the policyholder, but nothing in this section shall be construed to require that group life insurance policies contain the same nonforfeiture provisions as are required for individual life insurance policies.
A.R.S. § 20-487 — Arizona Code / Title 20 / Chapter 2 / Article 11 / Section 487
20-487 Definitions
Status: in_force

20-487. Definitions

In this article, unless the context otherwise requires:

1. "Accredited state" means a state in which the insurance department or other regulatory agency has qualified as meeting the minimum financial regulatory standards that are adopted and established by the national association of insurance commissioners.

2. "Control" or "controlled" has the same meaning prescribed in section 20-481.

3. "Controlled insurer" means a licensed insurer who is controlled by a producer.

4. "Controlling producer" means a producer who controls, directly or indirectly, an insurer.

5. "Licensed insurer" or "insurer" means a person, firm, association or corporation that is duly licensed to transact property or casualty insurance business in this state. For the purposes of this article, licensed insurer or insurer does not include a:

(a) Residual market pool and joint underwriting authority or association.

(b) Captive insurer. For the purposes of this subdivision, "captive insurer" means an insurance company, other than a risk retention group as defined in section 20-1098 or 20-2401, that is owned by another organization and whose exclusive purpose is to insure risks to member organizations or group members and their affiliates.

6. "Producer" means an insurance producer or any other person, firm, association or corporation when, for any compensation, commission or other thing of value, the person, firm, association or corporation acts or aids in any manner in soliciting, negotiating or procuring the making of an insurance contract on behalf of an insured other than the person, firm, association or corporation.
A.R.S. § 20-2115 — Arizona Code / Title 20 / Chapter 11 / Article 1 / Section 2115
20-2115 Service of process; insurance support organizations
Status: in_force

20-2115. Service of process; insurance support organizations

For the purpose of this chapter, an insurance support organization transacting business outside this state which has an effect on a person residing in this state is deemed to have appointed the director to accept service of process on its behalf, if the director causes a copy of the service to be mailed immediately by registered mail to the insurance support organization at its last known principal place of business. The return postcard receipt for the mailing is sufficient proof that the copy of the service was properly mailed by the director.
A.R.S. § 20-492.02 — Arizona Code / Title 20 / Chapter 2 / Article 16 / Section 492.02
20-492.02 Rules and orders
Status: in_force

20-492.02. Rules and orders

On notice and an opportunity for all interested persons to be heard, the director may adopt rules and issue orders necessary to carry out this article.
A.R.S. § 20-1063 — Arizona Code / Title 20 / Chapter 4 / Article 9 / Section 1063
20-1063 Powers of insurers and hospital and medical service corporations
Status: in_force

20-1063. Powers of insurers and hospital and medical service corporations

A. An insurer, or a hospital or medical service corporation, authorized to do business in this state either directly or through a subsidiary or an affiliate may organize and operate a health care services organization under the provisions of this article. Notwithstanding any other law to the contrary, any two or more such insurers, hospital or medical service corporations, or subsidiaries or affiliates thereof, may jointly organize and operate a health care services organization.

B. Any such insurer or hospital or medical service corporation may contract with a health care services organization to provide coverage in the event of the failure of the health care services organization to meet its obligations.

C. Any such insurer or hospital or medical service corporation which is in compliance with title 20 generally and which in the judgment of the director shall have complied with provisions of this title that are comparable to or more restrictive than the provisions of this article shall be deemed to have satisfied all provisions of this article and shall not be required to comply also in any specific manner with this article except sections 20-1051 through 20-1054 as the director shall deem appropriate, and except as per rules or regulations the director may promulgate to safeguard public health or safety.
A.R.S. § 20-1371 — Arizona Code / Title 20 / Chapter 6 / Article 4 / Section 1371
20-1371 Policy provision requirements of other jurisdictions
Status: in_force

20-1371. Policy provision requirements of other jurisdictions

Any policy of a foreign or alien insurer, when delivered or issued for delivery to any person in this state, may contain any provision which is not less favorable to the insured or the beneficiary than the provisions of this article and which is prescribed or required by the law of the state or country under which the insurer is organized. Any policy of a domestic insurer may, when issued for delivery in any other state or country, contain any provision permitted or required by the laws of such other state or country.
A.R.S. § 20-284 — Arizona Code / Title 20 / Chapter 2 / Article 3 / Section 284
20-284 Application for examination
Status: in_force

20-284. Application for examination

A. A resident individual applying for an insurance producer license shall pass an examination within the one year period that precedes the date the director received the individual's license application unless the individual is exempt pursuant to section 20-288. The examination shall test the knowledge of the individual concerning the lines of authority for which the application is made, the duties and responsibilities of an insurance producer and the insurance laws of this state.

B. For an individual called into active military service after passing the examination, the one year period prescribed by subsection A of this section shall be extended by the number of days that the individual was in active military service, not to exceed a total of one and one-half years.  An individual applying for an insurance producer license pursuant to this subsection shall include with the license application a copy of the documentation from the armed forces showing the period of time that the individual was in active military service.  For the purposes of this subsection, active military service does not include periodic and routine service as a military reservist.

C. The director shall make the examination available to applicants for licenses with such frequency as shall meet the reasonable convenience of both the director and applicants, but at least every sixty days.  The director may reasonably prescribe by rule the time, places and conduct of examinations. Except as provided in subsection H of this section, the director may require a reasonable waiting period before examination of an applicant who failed to pass a previous similar examination.

D. The director shall ensure that all examinations are given, conducted and graded in a fair and impartial manner and without unfair discrimination as among individuals examined.  At the director's discretion, any written examination may be supplemented by an oral examination of the applicant.  The director shall inform the applicant of the result of the examination within thirty days after the examination.

E. The director may appoint one or more advisory committees to make recommendations to the director as to the scope, type and conduct of written examinations under this article.  The members of the committee shall serve without pay and without expense to the state.

F. An individual who fails to appear for the examination as scheduled or who fails to pass the examination shall reapply for an examination and remit all required fees and forms before being rescheduled for another examination.

G. An individual shall not take an examination for a line of authority for which the individual already holds a license in this state.

H. The director shall not allow an individual to take an examination administered for any line of license authority pursuant to this section more than four times within a twelve month period.  If an individual fails an examination for a specific line of authority four times, the individual may not take an examination for that line of authority for one year.  For the purposes of this subsection, an individual who fails an examination that covers more than one line of license authority is considered to have failed the examination for each individual line of license authority.
A.R.S. § 20-410 — Arizona Code / Title 20 / Chapter 2 / Article 5 / Section 410
20-410 Validity of surplus lines insurance; disclosure; policy fees
Status: in_force

20-410. Validity of surplus lines insurance; disclosure; policy fees

A. Insurance contracts procured as surplus lines coverage are fully valid and enforceable as to all parties and shall be recognized in all matters in the same manner as like contracts issued by authorized insurers.

B. Any policy and any evidence of surplus lines coverage that are issued by an unauthorized insurer pursuant to this article and that are issued for delivery to the insured shall contain a conspicuously stamped or written notice in bold-faced type that states one of the following:

1. If the surplus lines policy and any evidence of coverage are issued by a surplus lines insurer that is not a domestic surplus lines insurer:

Pursuant to section 20-401.01, subsection B, paragraph 1, Arizona Revised Statutes, this policy is issued by an insurer that does not possess a certificate of authority from the director of the Arizona department of insurance and financial institutions.  If the insurer that issued this policy becomes insolvent, insureds or claimants will not be eligible for insurance guaranty fund protection pursuant to title 20, Arizona Revised Statutes.

2. If the surplus lines policy and any evidence of coverage are issued by a domestic surplus lines insurer:

If the insurer that issued this policy becomes insolvent, insureds or claimants will not be eligible for insurance guaranty fund protection pursuant to title 20, Arizona Revised Statutes.

C. A surplus lines broker may charge and receive a fee in addition to the premium for services provided in the transaction of surplus lines insurance if before effecting any coverage both of the following conditions are met:

1. The service fees and the specific services for which the fees are charged are disclosed to the insured or the insured's representative and are agreed to in writing by the insured or the insured's representative.

2. The taxes prescribed in section 20-416 are paid on any fees charged to the insured.
A.R.S. § 20-2327 — Arizona Code / Title 20 / Chapter 13 / Article 1 / Section 2327
20-2327 Metabolic disorders; medical foods; definitions
Status: in_force

20-2327. Metabolic disorders; medical foods; definitions

A. Any health benefits plan that is offered by an accountable health plan and that contains a prescription drug benefit shall provide coverage of medical foods to treat inherited metabolic disorders as provided by this section.

B. The metabolic disorders triggering medical foods coverage under this section shall:

1. Be part of the newborn screening program prescribed in section 36-694.

2. Involve amino acid, carbohydrate or fat metabolism.

3. Have medically standard methods of diagnosis, treatment and monitoring, including quantification of metabolites in blood, urine or spinal fluid or enzyme or DNA confirmation in tissues.

4. Require specially processed or treated medical foods that are generally available only under the supervision and direction of a physician who is licensed pursuant to title 32, chapter 13 or 17 or a registered nurse practitioner who is licensed pursuant to title 32, chapter 15, that must be consumed throughout life and without which the person may suffer serious mental or physical impairment.

C. Medical foods eligible for coverage under this section shall be prescribed or ordered under the supervision of a physician licensed pursuant to title 32, chapter 13 or 17 or a registered nurse practitioner who is licensed pursuant to title 32, chapter 15 as medically necessary for the therapeutic treatment of an inherited metabolic disease.

D. An accountable health plan shall cover at least fifty per cent of the cost of medical foods prescribed to treat inherited metabolic disorders and covered pursuant to this section.  A plan may limit the maximum annual benefit for medical foods under this section to five thousand dollars that applies to the cost of all prescribed modified low protein foods and metabolic formula.

E. For the purposes of this section:

1. "Inherited metabolic disorder" means a disease caused by an inherited abnormality of body chemistry and includes a disease tested under the newborn screening program prescribed in section 36-694.

2. "Medical foods" means modified low protein foods and metabolic formula.

3. "Metabolic formula" means foods that are all of the following:

(a) Formulated to be consumed or administered enterally under the supervision of a physician who is licensed pursuant to title 32, chapter 13 or 17 or a registered nurse practitioner who is licensed pursuant to title 32, chapter 15.

(b) Processed or formulated to be deficient in one or more of the nutrients present in typical foodstuffs.

(c) Administered for the medical and nutritional management of a person who has limited capacity to metabolize foodstuffs or certain nutrients contained in the foodstuffs or who has other specific nutrient requirements as established by medical evaluation.

(d) Essential to a person's optimal growth, health and metabolic homeostasis.

4. "Modified low protein foods" means foods that are all of the following:

(a) Formulated to be consumed or administered enterally under the supervision of a physician who is licensed pursuant to title 32, chapter 13 or 17 or a registered nurse practitioner who is licensed pursuant to title 32, chapter 15.

(b) Processed or formulated to contain less than one gram of protein per unit of serving, but does not include a natural food that is naturally low in protein.

(c) Administered for the medical and nutritional management of a person who has limited capacity to metabolize foodstuffs or certain nutrients contained in the foodstuffs or who has other specific nutrient requirements as established by medical evaluation.

(d) Essential to a person's optimal growth, health and metabolic homeostasis.
A.R.S. § 20-1381 — Arizona Code / Title 20 / Chapter 6 / Article 4 / Section 1381
20-1381 Suspension of health care insurer obligation to issue coverage on a guaranteed issuance basis to eligible individuals
Status: in_force

20-1381. Suspension of health care insurer obligation to issue coverage on a guaranteed issuance basis to eligible individuals

A. A health care insurer may apply to the director to suspend its obligation to issue coverage to eligible individuals pursuant to section 20-1379 for a specified period if all of the following conditions are met:

1. The health care insurer can demonstrate to the director that its financial or administrative capacity to serve eligible individuals would impair the ability of the health care insurer to serve previously enrolled individuals in the individual market.

2. The health care insurer requests that its obligation to issue coverage to eligible individuals pursuant to section 20-1379 be suspended for a specified period, of not more than one year, and provides a rationale for suspending its obligation to issue coverage to eligible individuals for that period of time.

3. The health care insurer provides sufficient information for the director to determine that the health care insurer has met the requirements of this subsection.

B. A health care insurer that refuses to enroll an eligible individual shall not enroll any eligible individuals until the earlier of:

1. The date on which the director determines that the health care insurer has the capacity to enroll eligible individuals.

2. The date on which the health care insurer enrolls an eligible individual. The health care insurer shall notify the director within ten days after that enrollment.

C. The director shall approve or disapprove an application submitted by a health care insurer within sixty days after the filing. The director may extend the period for good cause for up to an additional sixty days. The director may suspend a health care insurer's obligation to issue coverage to eligible individuals for a period of less time than requested in the application.

D. In calculating the period of creditable coverage to determine if a person is an eligible individual, if the person was an eligible individual when the person submitted an application for coverage to a health care insurer and the health care insurer has received an order pursuant to this section, the person continues to be an eligible individual until the later of the expiration of the original sixty-three day period or an additional thirty days after the individual receives a written notice from the health care insurer pursuant to an order of the director that the health care insurer will not issue coverage to the individual pursuant to section 20-1379.
A.R.S. § 20-485 — Arizona Code / Title 20 / Chapter 2 / Article 9 / Section 485
20-485 Definitions; scope
Status: in_force

20-485. Definitions; scope

A. In this article, unless the context otherwise requires:

1. "Administrator" means any person who collects charges or premiums from or paid on behalf of, or who adjusts or settles claims by, residents of this state in connection with life or health insurance coverage or annuities other than any of the following:

(a) An employer on behalf of the employer's employees or the employees of one or more subsidiary or affiliated corporations of the employer.

(b) A union on behalf of its members.

(c) An insurer authorized to transact insurance in this state, including its employees and sales representatives, to the extent that it collects charges or premiums from or paid on behalf of, or adjusts or settles claims by, residents of this state in connection with life or health insurance coverage or annuities lawfully issued and delivered or assumed in this state and pursuant to the laws of this state or another state and for which the insurer or an affiliated insurer is presently directly liable.

(d) An insurer authorized to transact insurance in this state, including its employees and sales representatives, to the extent that it collects charges or premiums from or paid on behalf of, or adjusts or settles claims by, residents of this state in connection with life or health insurance coverage or annuities lawfully issued and delivered or assumed in this state and pursuant to the laws of this state or another state and for which an unaffiliated insurer is presently directly liable.

(e) A person other than an insurer, to the extent that the person's activities are limited to the collection of charges or premiums from or paid on behalf of, or the adjustment or settlement of claims by, residents of this state in connection with life and health insurance coverage issued and delivered or assumed by an affiliated insurer authorized to transact insurance in this state and for which the affiliated insurer is presently directly liable.

(f) A life or disability insurance producer who is licensed in this state or an employee of a licensed producer working at the direction and under the supervision of a licensed producer if the producer or the producer's employee does not adjust or settle claims.

(g) A creditor on behalf of the creditor's debtors with respect to insurance covering a debt between the creditor and its debtors.

(h) A trust and its trustees, agents and employees acting pursuant to the trust established in conformity with 29 United States Code section 186.

(i) A trust exempt from taxation under section 501(a) of the internal revenue code and its trustees and employees acting pursuant to the trust, or a custodian and its agents and employees acting pursuant to a custodian account that meets the requirements of section 401(f) of the internal revenue code.

(j) A financial institution or money transmitter that is subject to supervision or examination by federal or state banking authorities if the financial institution or money transmitter does not adjust or settle claims.

(k) A credit card issuing company that advances for and collects premiums or charges from its credit card holders who have authorized such collection, if the company does not adjust or settle claims.

(l) A person who adjusts or settles claims in the normal course of the person's practice or employment as an attorney and who does not collect charges or premiums in connection with life or health insurance coverage or annuities.

(m) An adjuster who is licensed in this state while acting in accordance with an adjuster's license.

(n) A person who acts only as an administrator of one or more bona fide employee benefit plans established by an employer or an employee organization, or both, for which the insurance laws of this state are preempted pursuant to the employee retirement income security act of 1974 (P.L. 93-406; 88 Stat. 829; 29 United States Code sections 1001 through 1461).

(o) A credit card processing company that processes payments or charges for premiums if the company does not adjust or settle claims.

(p) A qualified marketplace platform on behalf of qualified marketplace contractors that have executed a written contract with the qualified marketplace platform that complies with the requirements of section 23-1603, subsection A.

(q) An employee of the group policyholder who collects or remits premiums for group life insurance, group annuities or group or blanket disability insurance if the person does not adjust claims or receive any commissions.

(r) An administrator of a trust that was established to provide life insurance, disability insurance or annuities to participants in the trust and that is also a group policyholder.  The administrator may act only as an administrator of the trust and may not adjust or settle claims.

2. "Affiliate" or "affiliated" means a person who directly, or indirectly through one or more intermediaries, controls, is controlled by or is under common control with a specified person.

3. "Charges" means cost sharing requirements, including applicable coinsurance, copayments, deductibles or other amounts payable by an insured under the terms of an insurance contract.

4. "Control" means the direct or ultimate possession of the power to direct or cause the direction of the management and policies of a person whether through voting rights, contracts, other than commercial contracts for goods or nonmanagement services, or otherwise, unless the power is the result of an official position or corporate office. Control exists if any person, directly or indirectly, owns, controls, holds with the power to vote or holds proxies representing ten percent or more of the voting rights of any other person, including the right to elect or appoint the officers or directors of a nonprofit corporation.

5. "Insurer" means any person who provides life or health insurance coverage in this state or who transacts annuity business in this state.  Insurer includes an authorized insurer, hospital, medical, dental or optometric service corporation or health care services organization or any other person providing a plan of insurance subject to the laws of insurance of this state. Insurer does not include a self-insured or a self-funded employee benefit plan if regulation of that plan is preempted pursuant to section 1144(a) of the employee retirement income security act of 1974 (29 United States Code section 1144(a)) but does include an insurer who provides coverage as part of an employee benefit plan.

6. "Principal" means a person who has the authority to enter into written agreements on behalf of the administrator pursuant to section 20-485.01.

7. "Qualified marketplace contractor":

(a) Means any person or organization, including an individual, corporation, limited liability company, partnership, sole proprietor or other entity, that enters into an agreement with a qualified marketplace platform to use the qualified marketplace platform's digital platform to provide services to third-party individuals or entities seeking those services.

(b) Does not include a contractor if the services performed consist of transporting freight, sealed and closed envelopes, boxes or parcels or other sealed and closed containers for compensation.

8. "Qualified marketplace platform":

(a) Means an organization, including a corporation, limited liability company, partnership, sole proprietor or other entity, that both:

(i) Operates a digital website or digital smartphone application that facilitates the provision of services by qualified marketplace contractors to individuals or entities seeking those services.

(ii) Accepts service requests from the public only through its digital website or digital smartphone application and does not accept service requests by telephone, by fax or in person at physical retail locations.

(b) Does not include any digital website or smartphone application if the services facilitated consist of transporting freight, sealed and closed envelopes, boxes or parcels or other sealed and closed containers for compensation.

B. To the extent that an insurer is subject to subsection A, paragraph 1, subdivision (d) of this section, it shall comply with this article except sections 20-485.10 and 20-485.12.

C. This article does not apply to a person acting exclusively as a third party intermediary entity as prescribed in section 20-120.
A.R.S. § 20-466.04 — Arizona Code / Title 20 / Chapter 2 / Article 6 / Section 466.04
20-466.04 Referrals to other licensing agencies; definition
Status: in_force

20-466.04. Referrals to other licensing agencies; definition

A. The director shall forward to the appropriate licensing agency the name of any person who is convicted of, enjoined from or penalized for violating section 20-463 or 23-1028. The director shall include any information the director believes is material to the case.

B. A person whose name is forwarded pursuant to subsection A of this section has no cause of action against the director and the department's employees and agents pursuant to any administrative appeal or judicial review.

C. For the purposes of this section, "licensing agency" means any state board, commission, department or agency that issues any occupational or professional license, permit or registration and the state bar of Arizona.
A.R.S. § 20-2113.01 — Arizona Code / Title 20 / Chapter 11 / Article 1 / Section 2113.01
20-2113.01 Consumer reporting agency; sale of  information obtained by insurance inquiry prohibited; exceptions
Status: in_force

20-2113.01. Consumer reporting agency; sale of  information obtained by insurance inquiry prohibited; exceptions

A. A consumer reporting agency shall not provide or sell data or lists that include any information that in whole or in part was submitted in conjunction with an insurance inquiry about a consumer's credit information or a request for a credit report or insurance score.  Such information includes the expiration dates of an insurance policy or any other information that may identify time periods during which a consumer's insurance may expire and the terms and conditions of the consumer's insurance coverage.

B. Subsection A does not apply to data or lists that the consumer reporting agency supplies to the insurance producer from whom the information was received, the insurer on whose behalf the producer acted or the insurer's affiliates or holding companies.

C. This section shall not restrict an insurer from being able to obtain a claims history report or a motor vehicle report.
A.R.S. § 20-117 — Arizona Code / Title 20 / Chapter 1 / Article 1 / Section 117
20-117 Definitions
Status: in_force

20-117. Definitions

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 any vehicle that is rated or insured under a family automobile policy, standard automobile policy, personal automobile policy or similar private passenger automobile policy written for personal use, including use by an insured of a motor vehicle in the course of the insured's volunteer work for a tax-exempt organization as described in section 501(c)(3) of the internal revenue code, as opposed to a motor vehicle rated or insured under a commercial automobile policy.

4. "Send", "sending" or "sent" means to deliver by United States mail, personal delivery or fax or by electronic means consistent with the requirements of section 20-239.

5. "Volunteer work" means work performed without compensation other than reimbursement of actual expenses incurred, or disbursement of meals or other incidental benefits.
A.R.S. § 20-3403 — Arizona Code / Title 20 / Chapter 26 / Article 1 / Section 3403
20-3403 Prior authorization requirements; disclosures; access
Status: in_force

20-3403. Prior authorization requirements; disclosures; access

A. If a health care services plan contains a prior authorization requirement, all of the following apply:

1. The health care services plan or its utilization review agent shall make available to all providers on its website or provider portal a listing of all prior authorization requirements. The listing shall clearly identify the specific health care services, drugs or devices to which a prior authorization requirement exists, including specific information or documentation that a provider must submit in order for the prior authorization request to be considered complete.

2. The health care services plan or its utilization review agent shall allow providers to access the uniform prior authorization request forms approved by the department pursuant to section 20-3406 through the applicable electronic software system.

3. The health care services plan or its utilization review agent shall accept prior authorization requests through a secure electronic transmission.

4. The health care services plan or its utilization review agent shall provide at least two forms of access to request a prior authorization including telephone, fax or electronic means and shall have emergency after-hours procedures.

B. The health care services plan or its utilization review agent shall accept and respond to prior authorization requests for prescription benefits through a secure electronic transmission.

C. The health care services plan or its utilization review agent may enter into a contractual arrangement with a provider under which the plan agrees to process and respond to prior authorization requests that are not submitted electronically because of the financial hardship that electronic submission of prior authorization requests would create for the provider or because internet connectivity is limited or unavailable where the provider is located.
A.R.S. § 20-466.05 — Arizona Code / Title 20 / Chapter 2 / Article 6 / Section 466.05
20-466.05 Fraud unit assessment fund
Status: in_force

20-466.05. Fraud unit assessment fund

The fraud unit assessment fund is established consisting of monies deposited pursuant to section 20-466, subsection J. Monies in the fund are continuously appropriated. The department shall administer the fund for administering and operating the fraud unit established by section 20-466.
A.R.S. § 20-1028 — Arizona Code / Title 20 / Chapter 4 / Article 8 / Section 1028
20-1028 Liability of additional or substituted underwriters; authority of deputy, substitute or successor attorney
Status: in_force

20-1028. Liability of additional or substituted underwriters; authority of deputy, substitute or successor attorney

Additional or substituted underwriters shall be bound in the same manner and to the same extent as original subscribers to the articles of agreement and power of attorney on file with the director. The acts of the duly appointed deputy, substitute or successor attorney or any attorney or attorneys licensed under this chapter, in accepting powers of attorney from underwriters, in making and issuing policies and contracts of insurance, and in doing any additional acts incident thereto, shall be deemed authorized by the certificate of authority issued to the original attorney or attorneys.
A.R.S. § 20-1095.07 — Arizona Code / Title 20 / Chapter 4 / Article 11 / Section 1095.07
20-1095.07 Sale of unapproved service contract; violation; classification
Status: in_force

20-1095.07. Sale of unapproved service contract; violation; classification

A. A person who sells an unapproved service contract is guilty of a class 2 misdemeanor.

B. A service contract is not invalid solely by reason of not being approved as required by this article.
A.R.S. § 20-643 — Arizona Code / Title 20 / Chapter 3 / Article 4 / Section 643
20-643 Order to pay assessment
Status: in_force

20-643. Order to pay assessment

After levy of an assessment as provided in section 20-642, upon the filing of a further detailed report by the receiver the court shall issue an order directing each member, if a mutual insurer, or each subscriber, if a reciprocal insurer, if the member or subscriber has not paid the amount assessed against the member or subscriber to the receiver on or before a day specified in the order, to show cause why the member or subscriber should not be held liable to pay such assessment, together with costs as provided in section 20-645, and to show cause why the receiver should not have judgment therefor.
A.R.S. § 20-841.01 — Arizona Code / Title 20 / Chapter 4 / Article 3 / Section 841.01
20-841.01 Prohibiting denial of chiropractic contract benefits; direct reimbursement
Status: in_force

20-841.01. Prohibiting denial of chiropractic contract benefits; direct reimbursement

If a subscription contract of a hospital and medical service corporation provides for or offers reimbursement for any service which is within the lawful scope of the practice of a chiropractor holding a certificate or license issued by the state in which the services are rendered, a subscriber covered under such contract may select either a physician or duly certified or licensed chiropractor to provide the examination, care or treatment for which the subscriber is eligible and which falls within the scope of practice of the chiropractor or physician. Reimbursement for the cost of the service may be made directly to the person licensed or certified pursuant to title 32, chapter 8 or 13 who has a participation contract with the hospital and medical service corporation or to the subscriber if the cost of the service has not been reimbursed to another provider or health care institution.
A.R.S. § 20-3556 — Arizona Code / Title 20 / Chapter 29 / Article 1 / Section 3556
20-3556 Sales practices; definition
Status: in_force

20-3556. Sales practices; definition

A. All persons offering travel insurance to residents of this state are subject to chapter 2, article 6 of this title relating to unfair trade practices and frauds, except as otherwise provided in this section.  If a conflict exists between this chapter and another provision of this title regarding the sale and marketing of travel insurance and travel protection plans, this chapter controls.

B. Offering or selling a travel insurance policy that could never result in payment of any claims for any insured under the policy is an unfair trade practice under chapter 2, article 6 of this title.

C. All documents provided to consumers before the purchase of travel insurance, including sales materials, advertising materials and marketing materials, shall be consistent with the travel insurance policy itself, including forms, endorsements, policies, rate filings and certificates of insurance.

D. For travel insurance policies or certificates that contain preexisting condition exclusions, information and an opportunity to learn more about the preexisting condition exclusions shall be provided any time before the time of purchase and in the coverage's fulfillment materials.

E. The fulfillment materials and the information described in section 20-3553, subsection A, paragraph 1 shall be provided to a policyholder or certificate holder as soon as practicable following the purchase of a travel protection plan.  Unless the insured has either started a covered trip or filed a claim under the travel insurance coverage, a policyholder or certificate holder may cancel a policy or certificate for a full refund of the travel protection plan price from the date of purchase of the travel protection plan until at least either:

1. Fifteen days after the date of delivery of the travel protection plan's fulfillment materials by postal mail.

2. Ten days after the date of delivery of the travel protection plan's fulfillment materials by means other than postal mail.

F. The policy documentation and fulfillment materials shall disclose whether the travel insurance is primary or secondary to other applicable coverage.

G. If travel insurance is marketed directly to a consumer through an insurer's website or by others through an aggregator site, it is not an unfair trade practice or other violation of law if an accurate summary or short description of the coverage is provided on the website and the consumer has access to the full provisions of the policy through electronic means.

H. A person may not offer, solicit or negotiate travel insurance or travel protection plans on an individual or group basis by using a negative or opt out option that requires a consumer to take an affirmative action to deselect coverage, such as unchecking a box on an electronic form, when the consumer purchases a trip.

I. It is an unfair trade practice to market blanket travel insurance coverage as free.

J. If a consumer's destination jurisdiction requires insurance coverage, it is not an unfair trade practice to require that a consumer choose between the following options as a condition of purchasing a trip or travel package:

1. Purchasing the coverage required by the destination jurisdiction through the travel retailer or limited lines travel insurance producer supplying the trip or travel package.

2. Agreeing to obtain and provide proof of coverage that meets the destination jurisdiction's requirements before departure.

K. For the purposes of this section, "delivery" means handing fulfillment materials to the policyholder or certificate holder or sending fulfillment materials by postal mail or electronic means to the policyholder or certificate holder.
A.R.S. § 20-2634 — Arizona Code / Title 20 / Chapter 16 / Article 2 / Section 2634
20-2634 Filing of contracts; approval
Status: in_force

20-2634. Filing of contracts; approval

Unless exempt pursuant to chapter 5, article 1 of this title, each insurer shall file with the director all variable annuity contracts and all riders, endorsements, applications and other documents that are attached to and made part of the contract and that relate to the variable nature of the contract. The director shall approve all variable annuity contracts before they are delivered or issued for delivery in this state.
A.R.S. § 20-1591 — Arizona Code / Title 20 / Chapter 6 / Article 9 / Section 1591
20-1591 Forms of policies and other contracts of title insurance; approval or disapproval
Status: in_force

20-1591. Forms of policies and other contracts of title insurance; approval or disapproval

A. Every title insurer shall file with the director all forms of title policies and other contracts of title insurance before issuance of any policy or contract. A title insurance rating organization may make filings on behalf of all of its members or subscribers. A title insurer shall not issue any policy or contract until thirty days after the policy or contract has been filed with the director. A policy or contract is approved thirty days after filing unless the director has issued, within the thirty-day period, an order affirmatively approving or disapproving the form. On written notice given within the thirty-day period to the person making the filing, the director may extend the period for up to fifteen additional days to enable the director to complete the review of the filing.

B. Forms of title policies and other contracts of insurance, as used in this section, shall specifically exclude:

1. Reinsurance contracts or agreements.

2. All specific defects in title that may be ascertained from an examination of the risk and excepted in reports, binders or policies, together with any affirmative assurance of the title insurer with respect to the defects whether given by endorsement or otherwise.

3. Further exceptions from coverage by reason of limitations on the examination of the risk imposed by an applicant for insurance or through failure of an applicant for insurance to provide the date requisite to a judgment of insurability.

C. An agreement by a person to indemnify or hold harmless a title insurer from risks that arise from an instrument that is or becomes properly recorded and indexed in the office of the county recorder is enforceable only if the agreement is in writing and any of the following applies:

1. The instrument was not of record at the time the agreement was executed.

2. The instrument is specifically described in the agreement.

3. The instrument is shown as an exception from coverage in the title insurance policy.

4. The instrument is or secures a monetary obligation of the person and remains an outstanding and enforceable debt. An improvement district assessment is not a monetary obligation of the person.

5. The agreement indemnifies for or holds harmless against liens that arise from work or labor done or professional services, materials, machinery, fixtures or tools furnished on the insured property.

D. Subsection C of this section does not affect the enforceability of title warranties provided by a person in a deed or mortgage.

E. An agreement pursuant to subsection C must be separate from and not included in the title insurance policy.
A.R.S. § 20-481.05 — Arizona Code / Title 20 / Chapter 2 / Article 8 / Section 481.05
20-481.05 Material change of fact; filing amended statement; time
Status: in_force

20-481.05. Material change of fact; filing amended statement; time

If any material change occurs in the facts set forth in the statement filed with the director and sent to such insurer pursuant to sections 20-481.02 and 20-481.03, an amendment setting forth such change, together with copies of all documents and other material relevant to such change, shall be filed with the director and sent to such insurer within two business days after the person learns of such change.
A.R.S. § 20-1128 — Arizona Code / Title 20 / Chapter 5 / Article 1 / Section 1128
20-1128 Rights of spouse in life or disability policy
Status: in_force

20-1128. Rights of spouse in life or disability policy

A. The benefits payable upon the death of the insured and provided in any life or disability insurance policy made payable to or for the benefit of the spouse of the insured shall, unless contrary to the terms of the policy, inure upon their becoming payable, to the separate use and benefit of such spouse, but until the benefits become payable the insurer shall be entitled to deal with the insured or person designated in the policy as having control thereof with respect to the policy and all benefits thereof, including loan and cash surrender values, without first securing the consent of such spouse.

B. The beneficial interest of a spouse in a life or disability insurance policy as to which a child of the spouse is the insured shall be deemed to be a community and not a separate interest unless expressly otherwise provided in the policy, but if the premiums paid to maintain the policy have been paid with separate funds or partly with separate and partly with community funds, the proceeds and avails of the policy shall constitute separate property in that proportion which the separate premiums paid bear to the total premiums paid.

C. In any life or disability insurance policy issued upon the life of a spouse, the designation made by such spouse of a beneficiary in accordance with the terms of the policy shall create a presumption that the beneficiary was so designated with the consent of the other spouse, but only as to any beneficiary who is the child, grandchild, parent, brother or sister of either of the spouses. The insurer may in good faith rely upon the representations made by the insured as to the relationship to him of any such beneficiary.
A.R.S. § 20-3551 — Arizona Code / Title 20 / Chapter 29 / Article 1 / Section 3551
20-3551 Definitions
Status: in_force

20-3551. Definitions

In this chapter, unless the context otherwise requires:

1. "Aggregator site" means a website that provides access to information regarding insurance products from more than one insurer, including product and insurer information, for use in comparison shopping.

2. "Blanket travel insurance" means a policy of travel insurance that is issued to any eligible group and that provides coverage for specific classes of persons defined in the policy with coverage provided to all members of the eligible group without a separate charge to individual members of the eligible group.

3. "Cancellation fee waiver":

(a) Means a contractual agreement between a supplier of travel services and its customer to waive some or all of the nonrefundable cancellation fee provisions of the supplier's underlying travel contract with or without regard to the reason for the cancellation or form of reimbursement.

(b) Does not mean insurance.

4. "Eligible group", solely for the purposes of travel insurance:

(a) Means two or more persons who are engaged in a common enterprise or who have an economic, educational or social affinity or relationship.

(b) Includes any of the following:

(i) An entity that is engaged in the business of providing travel or travel services, including tour operators, lodging providers, vacation property owners, hotels and resorts, travel clubs, travel agencies, property managers, cultural exchange programs and common carriers, or the operator, owner or lessor of a means of transportation of passengers, including airlines, cruise lines, railroads, steamship companies and public bus carriers, wherein with regard to any particular travel or type of travel or travelers, all members or customers of the group have a common exposure to risk attendant to that travel.

(ii) Any college, school or other institution of learning covering students, teachers, employees or volunteers.

(iii) Any employer covering any group of employees, volunteers, contractors, board of directors, dependents or guests.

(iv) Any sports team or camp or any sponsor of a sports team or camp covering participants, members, campers, employees, officials, supervisors or volunteers.

(v) Any religious, charitable, recreational, educational or civic organization or any branch of that organization covering any group of members, participants or volunteers.

(vi) Any financial institution, financial institution vendor or parent holding company, trustee or agent of or designated by one or more financial institutions or financial institution vendors, including account holders, credit card holders, debtors, guarantors or purchasers.

(vii) Any incorporated or unincorporated association, including a labor union, that has a common interest, constitution and bylaws and that is organized and maintained in good faith for purposes other than obtaining insurance for members or participants of that association covering its members.

(viii) Any trust or the trustees of a fund established, created or maintained for the benefit of and covering members, employees or customers, subject to the director allowing the use of a trust and the state's premium tax provisions in section 20-3554 of one or more associations described in item (vii) of this subdivision.

(ix) Any entertainment production company covering any group of participants, volunteers, audience members, contestants or workers.

(x) Any volunteer fire department, ambulance, rescue, police, court, first aid or civil defense group or another similar volunteer group.

(xi) Any preschool, day care institution for children or adults and senior citizen club.

(xii) Any automobile or truck rental or leasing company covering a group of individuals who may become renters, lessees or passengers defined by their travel status on the rented or leased vehicles and in which the common carrier, the operator, owner or lessor of a means of transportation or the automobile or truck rental or leasing company is the policyholder under a policy to which this chapter applies.

(xiii) Any other group for which the director determines that the members are engaged in a common enterprise, or have an economic, educational or social affinity or relationship, and that issuance of the policy would not be contrary to the public interest.

5. "Fulfillment materials" means documentation that is sent to the purchaser of a travel protection plan and that confirms the purchase and provides the travel protection plan's coverage and assistance details.

6. "Group travel insurance" means travel insurance that is issued to any eligible group.

7. "Limited lines travel insurance producer" means any of the following:

(a) A licensed managing general agent or third-party administrator.

(b) A licensed insurance producer, including a limited lines producer.

(c) A travel Administrator.

8. "Offer and disseminate" means providing general information, including a description of the coverage and price, processing an application and collecting premiums.

9. "Travel administrator":

(a) Means a person who directly or indirectly underwrites, collects charges, collateral or premiums from, or adjusts or settles claims on residents of this state in connection with travel insurance.

(b) Does not include a person whose only actions that would otherwise cause the person to be considered a travel administrator include the following:

(i) Working for a travel administrator to the extent that the person's activities are subject to the supervision and control of the travel administrator.

(ii) Selling insurance or engaging in administrative and claims-related activities as an insurance producer within the scope of the producer's license.

(iii) Offering and disseminating travel insurance as a travel retailer while registered under the license of a limited lines travel insurance producer in accordance with this chapter.

(iv) Adjusting or settling claims in the normal course of practice or employment as an attorney-at-law without collecting charges or premiums in connection with insurance coverage.

(v) Being a business entity that is affiliated with a licensed insurer while acting as a travel administrator for the direct and assumed insurance business of the affiliated insurer.

10. "Travel assistance services":

(a) Means noninsurance services for which the consumer is not indemnified based on a fortuitous event and where providing the service does not result in a transfer or shifting of risk that would constitute the business of insurance.

(b) Includes:

(i) Security advisories.

(ii) Destination information.

(iii) Vaccination and immunization information services.

(iv) Travel reservation services.

(v) Entertainment.

(vi) Activity and event planning.

(vii) Translation assistance.

(viii) Emergency messaging.

(ix) International legal and medical referrals.

(x) Medical case monitoring.

(xi) Coordinating transportation arrangements.

(xii) Emergency cash transfer assistance.

(xiii) Medical prescription replacement assistance.

(xiv) Passport and travel document replacement assistance.

(xv) Lost luggage assistance.

(xvi) Concierge services.

(xvii) Any other service that is provided in connection with planned travel.

(c) Does not mean insurance and is not related to insurance.

11. "Travel insurance":

(a) Means insurance coverage for personal risks incident to planned travel, including:

(i) Interruption or cancellation of a trip or event.

(ii) Loss of baggage or personal effects.

(iii) Damages to accommodations or rental vehicles.

(iv) Sickness, accident, disability or death occurring during travel.

(v) Emergency evacuation.

(vi) Repatriation of remains.

(vii) Any other contractual obligations to indemnify or pay a specified amount to a traveler on determinable contingencies related to travel as approved by the director.

(b) Does not include major medical plans that provide comprehensive medical protection for travelers with trips lasting longer than six months, such as those working or residing overseas as an expatriate, or any other product that requires a specific insurance producer license.

(c) Does not include a prearranged funeral agreement by a funeral service provider.

12. "Travel protection plans" means plans that provide one or more of the following:

(a) Travel insurance.

(b) Travel assistance services.

(c) Cancellation fee waivers.

13. "Travel retailer" means a business entity that makes, arranges or offers planned travel and may offer and disseminate travel insurance as a service to its customers on behalf of and under the direction of a limited lines travel insurance producer.
A.R.S. § 20-223.01 — Arizona Code / Title 20 / Chapter 2 / Article 1 / Section 223.01
20-223.01 Annual report of product liability insurer
Status: in_force

20-223.01. Annual report of product liability insurer

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 with the director a report of the product liability claims made against its insureds, located in this state, which have been closed during the preceding calendar year. This section shall not require the reporting of any information regarding claims closed prior to June 30, 1978. Each report shall be in such form and provide such information as may be required by the director under appropriate rules and regulations promulgated by the director.
A.R.S. § 20-1376.10 — Arizona Code / Title 20 / Chapter 6 / Article 4 / Section 1376.10
20-1376.10 Biomarker testing; coverage; definitions
Status: in_force

20-1376.10. Biomarker testing; coverage; definitions

A. A disability insurer that issues, amends, delivers or renews a policy on or after January 1, 2023 shall provide coverage for biomarker testing.

B. A policy shall cover biomarker testing for the purposes of diagnosis, treatment, appropriate management or ongoing monitoring of an insured's disease or condition to guide treatment decisions when the test provides clinical utility as demonstrated by medical and scientific evidence, including any of the following:

1. Labeled indications for tests that are approved or cleared by the United States food and drug administration or indicated tests for a drug that is approved by the United States food and drug administration.

2. Centers for medicare and medicaid services national coverage determinations or medicare administrative contractor local coverage determinations.

3. Nationally recognized clinical practice guidelines and consensus statements.

C. A disability insurer must ensure that coverage is provided in a manner that limits disruptions in care, including the need for multiple biopsies or biospecimen samples.

D. The insured and prescribing practitioner must have access to a clear, readily accessible and convenient process to request an exception to a coverage policy of a disability insurer. The process shall be readily accessible on the disability insurer's website. This subsection does not require a separate process if the disability insurer's existing process complies with this subsection.

E. A policy that is issued or renewed by a disability insurer does not include a policy that provides limited benefit coverage as defined in section 20-1137.

F. For the purposes of this section:

1. "Biomarker":

(a) Means a characteristic that is objectively measured and evaluated as an indicator of normal biological processes, pathogenic processes or pharmacologic responses to a specific therapeutic intervention.

(b) Includes gene mutations or protein expression.

2. "Biomarker testing":

(a) Means the analysis of a patient's tissue, blood or other biospecimen for the presence of a biomarker.

(b) Includes single-analyte tests, multiplex panel tests and whole genome sequencing.

3. "Clinical utility" means the test result provides information that is used in the formulation of a treatment or monitoring strategy that informs a patient’s outcome and impacts the clinical decision.  The most appropriate test may include both information that is actionable and some information that cannot be immediately used in the formulation of a clinical decision.

4. "Consensus statements" means statements that are all of the following:

(a) Developed by an independent, multidisciplinary panel of experts using a transparent methodology and reporting structure that includes a conflict of interest policy.

(b) Based on the best available evidence for the purpose of optimizing clinical care outcomes.

(c) Aimed at specific clinical circumstances.

5. "Nationally recognized clinical practice guidelines" means evidence-based clinical practice guidelines that both:

(a) Are developed by independent organizations or medical professional societies using a transparent methodology and reporting structure and a conflict of interest policy.

(b) Establish standards of care that are informed by a systematic review of evidence and an assessment of the benefits and costs of alternative care options that includes recommendations intended to optimize patient care.
A.R.S. § 20-259.01 — Arizona Code / Title 20 / Chapter 2 / Article 2 / Section 259.01
20-259.01 Motor vehicle liability policy; uninsured optional; underinsured optional; subrogation; medical payments liens; definitions
Status: in_force

20-259.01. Motor vehicle liability policy; uninsured optional; underinsured optional; subrogation; medical payments liens; definitions

A. Every insurer writing automobile liability or motor vehicle liability policies shall make available to the named insured thereunder and by written notice offer the named insured and at the request of the named insured shall include within the policy uninsured motorist coverage that extends to and covers all persons insured under the policy, in limits not less than the liability limits for bodily injury or death contained within the policy. The offer of limits to a named insured or applicant shall be made on a form approved by the director. An insurance producer that uses such a form in offering uninsured motorist coverage satisfies the insurance producer's standard of care in offering and explaining the nature and applicability of uninsured motorist coverage. The policy declarations page must be sent to the named insured, constitutes the final expression of the named insured's decision to purchase or reject uninsured motorist coverage and is valid for, extends to and covers all persons insured under the policy. An offer form is not required where the named insured purchases such coverage in an amount equal to the limits for bodily injury or death contained in the policy.  The offer need not be made in the event of the reinstatement of a lapsed policy or the transfer, substitution, modification or renewal of an existing policy or as a result of a change to the minimum liability limits for bodily injury or death prescribed in section 28-4009. At the request of the named insured, the named insured may purchase and the insurer shall then include within the policy uninsured motorist coverage that extends to and covers all persons insured under the policy in any amount up to the liability limits for bodily injury or death contained within the policy but not less than the limits prescribed in section 28-4009.

B. Every insurer writing automobile liability or motor vehicle liability policies shall also make available to the named insured thereunder and shall by written notice offer the named insured and at the request of the named insured shall include within the policy underinsured motorist coverage that extends to and covers all persons insured under the policy, in limits not less than the liability limits for bodily injury or death contained within the policy. The offer of limits to a named insured or applicant shall be made on a form approved by the director. An insurance producer that uses such a form in offering underinsured motorist coverage satisfies the insurance producer's standard of care in offering and explaining the nature and applicability of underinsured motorist coverage. The policy declarations page must be sent to the named insured, constitutes the final expression of the named insured's decision to purchase or reject underinsured motorist coverage and is valid for, extends to and covers all persons insured under the policy. An offer form is not required where the named insured purchases such coverage in an amount equal to the limits for bodily injury or death contained in the policy. The offer need not be made in the event of the reinstatement of a lapsed policy or the transfer, substitution, modification or renewal of an existing policy or as a result of a change to the minimum liability limits for bodily injury or death prescribed in section 28-4009. At the request of the named insured, the named insured may purchase and the insurer shall then include within the policy underinsured motorist coverage that extends to and covers all persons insured under the policy in any amount authorized by the insured up to the liability limits for bodily injury or death contained within the policy.

C. Any insurer writing automobile liability or motor vehicle liability policies may make available the coverages required by subsections A and B of this section to owners and operators of motor vehicles that are used as public or livery conveyances or rented to others or that are used in the business primarily to transport property or equipment. Subsections A and B of this section do not preclude an insurer writing automobile liability or motor vehicle liability policies in this state from requiring that all motor vehicles that are owned by or registered to the named insured and that are insured by the same insurer or group of insurers under a common management have the same limits of coverage for uninsured and underinsured motorist coverage in amounts as selected or rejected by the named insured.

D. "Uninsured motor vehicles", subject to the terms and conditions of that coverage, includes any insured motor vehicle if the liability insurer of the vehicle is unable to make payment on the liability of its insured, within the limits of the coverage, because of insolvency.

E. "Uninsured motorist coverage", subject to the terms and conditions of that coverage, means coverage for damages due to bodily injury or death if the motor vehicle that caused the bodily injury or death is not insured by a motor vehicle liability policy that contains at least the limits prescribed in section 28-4009. For the purposes of uninsured motorist coverage, an uninsured motorist does not include a person who is insured under a motor vehicle liability policy that complies with section 28-4009.

F. Any payment made under the bodily injury liability portion of a motor vehicle liability policy insuring the motor vehicle that caused the bodily injury or death in an amount equal to or less than the per person or per occurrence bodily injury limits of that policy, regardless of the number of persons receiving payments, precludes any payment under the uninsured motorist coverage based on the fault of the person who is insured under the motor vehicle liability policy.

G. "Underinsured motorist coverage" includes coverage for a person if the sum of the limits of liability under all bodily injury or death liability bonds and liability insurance policies applicable at the time of the accident is less than the total damages for bodily injury or death resulting from the accident. To the extent that the total damages exceed the total applicable liability limits, the underinsured motorist coverage provided in subsection B of this section is applicable to the difference.

H. Uninsured and underinsured motorist coverages are separate and distinct and apply to different accident situations. Underinsured motorist coverage shall not provide coverage for a claim against an uninsured motorist in addition to any applicable uninsured motorist coverage. If multiple policies or coverages purchased by one insured on different vehicles apply to an accident or claim, the insurer may limit the coverage so that only one policy or coverage, selected by the insured, shall be applicable to any one accident. If the policy does not contain a statement that informs the insured of the insured's right to select one policy or coverage as required by this subsection, within thirty days after the insurer receives notice of an accident, the insurer shall notify the insured in writing of the insured's right to select one policy or coverage. For the purposes of this subsection, "insurer" includes every insurer within a group of insurers under a common management.

I. Insurers that make payments for damages to insureds for uninsured motorist coverage may subrogate and sue for reimbursement of the total amount of the payments in the name of the insured against any uninsured motorist responsible for the damages to the insured.

J. Any automobile liability or motor vehicle liability insurer that makes a payment under the medical payments coverage of a motor vehicle insurance policy to or on behalf of any insured for an injury that arises out of an accident that occurs after December 31, 1998 may have a lien against any amount in excess of $5,000 that is paid to or on behalf of that insured under the medical payments coverage of the policy for that accident. The insurer shall compromise the lien in a fair and equitable manner. In order to perfect a lien granted pursuant to this subsection, within sixty days after issuing a payment that is more than $5,000 to the insured under medical payments coverage, the insurer or the insurer's authorized representative shall record in the office of the recorder of the county in which the accident occurred a written statement that sets forth the name and address of the insured as they appear in the records of the insurer, the name and address of the insurer at the insurer's principal office in this state, the amount claimed pursuant to this subsection and, to the best of the insurer's knowledge, the names and addresses of all persons, firms and corporations and their insurance carriers that the insured or the insured's legal representative alleges are liable for damages arising from the accident. Within five days after recording the lien, the insurer shall also mail a copy of the lien, postage prepaid, to the insured and to each person, firm and corporation and their insurance carriers alleged to be liable for damages at the address given in the statement. The recording of the lien is notice of the lien to all persons, firms and corporations that are liable for damages regardless of whether they are named in the lien. The recorder shall endorse on the lien recorded pursuant to this subsection the date and hour of receipt and all facts that are necessary to indicate that the lien has been recorded. The lien may be amended to reflect payments to the insured made after the lien is recorded. Within thirty days after the lien is satisfied, the lienholder shall issue and record a release of the lien.

K. Any common law prohibition against assignments of causes of action for personal injuries is abrogated to the extent provided in subsection I of this section.

L. An insurer is not required to offer, provide or make available coverage conforming to this section in connection with any general commercial liability policy, excess policy, umbrella policy or other policy that does not provide primary motor vehicle insurance for liabilities arising out of the ownership, maintenance, operation or use of a specifically insured motor vehicle.

M. If an insured makes a bodily injury or death claim under uninsured or underinsured motorist coverage based on an accident that involved an unidentified motor vehicle and no physical contact with the motor vehicle occurred, the insured shall provide corroboration that the unidentified motor vehicle caused the accident. For the purposes of this subsection, "corroboration" means any additional and confirming testimony, fact or evidence that strengthens and adds weight or credibility to the insured's representation of the accident.
A.R.S. § 20-2215 — Arizona Code / Title 20 / Chapter 12 / Article 1 / Section 2215
20-2215 Appeal by applicants to the association; order
Status: in_force

20-2215. Appeal by applicants to the association; order

Any applicant to the association or any person insured pursuant to this chapter, or their representatives, or any affected member may appeal to the director within thirty days after any ruling, action or decision by or on behalf of the association, with respect to those items defined by the directors of the association and approved by the director as appealable matters.  Except as provided in section 41-1092.08, subsection H, all final orders of the director made pursuant to this section are subject to judicial review pursuant to title 12, chapter 7, article 6, except that notwithstanding any other law, proceedings for judicial review act as a stay of the enforcement of any order or decision of the director disapproving or ordering the withdrawal, adjustment or termination of the effectiveness of any rate filing made by or on behalf of the association on the ground that the rates or premiums for the business of the association are unreasonable or excessive. The association may continue to charge rates pursuant to the filing pending final order of the court.
A.R.S. § 20-1532 — Arizona Code / Title 20 / Chapter 6 / Article 8 / Section 1532
20-1532 Venue of actions against surety insurers
Status: in_force

20-1532. Venue of actions against surety insurers

Any surety insurer may be sued in respect of any surety bond issued by it in the county where the bond, recognizance, stipulation or undertaking was made or guaranteed, or in the county where the principal office of the insurer in this state is located, and for the purposes hereof, it shall be treated as made or guaranteed in the county in which such office is located or in which it is filed, or in the county in which the principal resided when it was made or guaranteed.
A.R.S. § 20-2118 — Arizona Code / Title 20 / Chapter 11 / Article 1 / Section 2118
20-2118 Individual remedies
Status: in_force

20-2118. Individual remedies

A. If any insurance institution, insurance producer or insurance support organization fails to comply with the rights granted under sections 20-2108 through 20-2110, any person whose rights are violated may apply to the superior court of this state, or any other court of competent jurisdiction, for appropriate equitable relief.

B. An insurance institution, insurance producer or insurance support organization which discloses information in violation of section 20-2113 is liable for damages sustained by the individual about whom the information relates, except that no individual is entitled to a monetary award which exceeds the actual damages sustained by the individual as a result of a violation of section 20-2113.

C. In any action brought pursuant to this section, the court may award the cost of the action and reasonable attorney fees to the prevailing party.

D. An action under this section must be brought within two years from the date the alleged violation is or should have been discovered.

E. Except as specifically provided in this section, there is no remedy or recovery available to individuals, in law or in equity, for a violation of this chapter.
A.R.S. § 20-1557 — Arizona Code / Title 20 / Chapter 6 / Article 8.1 / Section 1557
20-1557 Reinsurance
Status: in_force

20-1557. Reinsurance

A. If a mortgage guaranty insurance company obtains reinsurance from an insurance company that is properly licensed to provide such reinsurance or from an appropriate governmental agency, the mortgage guaranty insurer and the reinsurer shall establish and maintain the reserves required in this article in appropriate proportions in relation to the risk retained by the original insurer and ceded to the assuming reinsurer so that the total reserves established shall not be less than the reserves required by this article.

B. Section 20-261, subsection D does not apply to a mortgage guaranty insurer.

C. Notwithstanding section 20-261, subsection A, a domestic mortgage guaranty insurer may reinsure its risks with a solvent insurer that has surplus to policyholders less than the minimum capital stock prescribed in section 20-1542 if the reinsurance agreement is approved by the director or the agreement both:

1. Cedes to a reinsurer that insures or reinsures only mortgage guaranty insurance.

2. Requires that reserves ceded to the reinsurer are secured in the manner prescribed in section 20-3603.

D. A mortgage guaranty insurer shall file a report with the director that includes all information regarding its reinsurance agreements as required by the director. The mortgage guaranty insurer shall file the report prescribed in this subsection with its annual and quarterly financial statements.

E. Except as provided in subsection B of this section, this section does not alter or diminish a domestic mortgage guaranty insurer's obligation to report to the director, file documents with the director or obtain the director's approval as prescribed in this title.

F. Notwithstanding title 39, chapter 1, the information submitted pursuant to subsection D of this section is confidential and proprietary and the director shall not make the information available for public inspection without the written consent of the domestic mortgage guaranty insurer, except that:

1. This subsection does not prevent the department's use of the information for any regulatory purpose, disciplinary action or hearing.

2. The director shall release the information if the information is required by a subpoena issued in connection with an administrative, civil or criminal investigation by a government agency.

3. In a civil action or contested case in which the domestic mortgage guaranty insurer that submitted the information is a party, any other party to the action or case may obtain the information if the party seeking to discover the information shows all of the following:

(a) The information sought is relevant to and necessary for the furtherance of the action or case.

(b) The information sought is not available from any other nonconfidential source.

(c) A subpoena issued by a judicial or administrative officer of competent jurisdiction has been submitted to the director.

4. The director may disclose the information to a public official who has jurisdiction over the regulation of insurance in another state if the public official agrees in writing to maintain the confidentiality of the information and the laws of the state in which the public official serves allow or require the information to be and remain confidential.
A.R.S. § 20-182 — Arizona Code / Title 20 / Chapter 1 / Article 3 / Section 182
20-182 Factors for assessing impact; certification of report
Status: in_force

20-182. Factors for assessing impact; certification of report

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) The extent to which the insurance coverage is already generally available.

(c) If coverage is not generally available, the extent to which the lack of coverage results in persons avoiding necessary health care treatments.

(d) If the coverage is not generally available, the extent to which the lack of coverage results in unreasonable financial hardship to a patient.

(e) The level of public demand for the treatment or service.

(f) The level of public demand for insurance coverage of the treatment or service.

(g) The level of interest of collective bargaining agents in negotiating privately for inclusion of this coverage in group contracts.

2. The financial impact:

(a) The extent to which the coverage will increase or decrease the cost of the treatment or service.

(b) The extent to which the coverage will increase the appropriate use of the treatment or service.

(c) The extent to which the mandated treatment or service will be a substitute for a more expensive treatment or service.

(d) The extent to which the coverage will increase or decrease the administrative expenses of insurers and the premium and administrative expenses of policyholders.

(e) The impact of this coverage on the total cost of health care.

B. An actuary who is a member of the American academy of actuaries shall prepare the financial impact analysis required by subsection A, paragraph 2 of this section and certify that the analysis is consistent with accepted actuarial techniques.

C. The report required by section 20-181 shall address the specific language of the proposed mandate.  A report on a similar proposal in a different jurisdiction is insufficient and does not meet the requirements of section 20-181.

D. An organization, individual or legislator that does not submit a report required by section 20-181 is not subject to any civil sanction or criminal penalty.
A.R.S. § 20-1033 — Arizona Code / Title 20 / Chapter 4 / Article 8 / Section 1033
20-1033 Laws applicable to Lloyd's association
Status: in_force

20-1033. Laws applicable to Lloyd's association

A. The provisions of this article are applicable to domestic and foreign Lloyd's associations.

B. To the extent not modified by the provisions of this article, Lloyd's associations shall be subject to and governed by the other applicable provisions of this title.
A.R.S. § 20-1262 — Arizona Code / Title 20 / Chapter 6 / Article 2 / Section 1262
20-1262 Right to require evidence of individual insurability
Status: in_force

20-1262. Right to require evidence of individual insurability

In group life policies there shall be a provision setting forth the conditions, if any, under which the insurer reserves the right to require a person eligible for insurance to furnish evidence of individual insurability satisfactory to the insurer as a condition to part or all of his coverage.
A.R.S. § 20-1671 — Arizona Code / Title 20 / Chapter 6 / Article 14 / Section 1671
20-1671 Scope of article
Status: in_force

20-1671. Scope of article

This article applies to commercial property insurance policies, commercial liability policies and commercial multi-peril insurance policies other than automobile policies. This article does not apply to any of the following:

1. Life and disability insurance.

2. Annuities.

3. Workers' compensation and employers' liability insurance written in connection with workers' compensation.

4. Motor vehicle policies governed by section 20-1631.

5. Surplus lines insurance.

6. Mortgage guaranty insurance.

7. Title insurance.

8. Marine, as distinguished from inland marine, insurance.

9. Policies covering multistate location risks.

10. Excess policies.

11. Policies issued through assigned risk plans, joint underwriting associations or other residual market mechanisms.

12. Such other policies as the director may exempt.
A.R.S. § 20-3654 — Arizona Code / Title 20 / Chapter 31 / Article 1 / Section 3654
20-3654 Exceptions; process
Status: in_force

20-3654. Exceptions; process

A. Notwithstanding any other law, if coverage of a prescription drug for the treatment of any medical condition is restricted for use by a health care insurer, pharmacy benefit manager or utilization review agent through the use of a step therapy protocol, the patient and prescribing provider shall have access to a clear and convenient process to request a step therapy exception determination. A health care insurer, pharmacy benefit manager or utilization review agent may use its existing medical exceptions process to satisfy this requirement if that process is consistent with the requirements prescribed in section 20-3653 and this section.  The process shall be made easily accessible on the health care insurer's, health benefit plan's, pharmacy benefit manager's or utilization review agent's website and shall include a list of the information and documentation the health care insurer, pharmacy benefit manager or utilization review agent requires and where and to whom the patient and prescribing provider must send the step therapy exception request.

B. A step therapy exception request shall be granted if sufficient justification and any necessary supporting clinical documentation are submitted to establish that any of the following applies:

1. The prescription drug required by the step therapy protocol is contraindicated or will likely cause a serious adverse reaction by or physical or mental harm to the patient.

2. The prescription drug required by the step therapy protocol is expected to be ineffective based on the known clinical characteristics of the patient and the known characteristics of the prescription drug regimen.

3. The patient has tried the prescription drug required by the step therapy protocol while under the patient's current or previous health care plan, or another prescription drug in the same pharmacologic class with a similar efficacy and side effect profile or with the same mechanism of action, the patient's adherence during the trial was for a period of time sufficient to allow for a positive treatment outcome and the prescription drug was discontinued due to lack of efficacy or effectiveness, an adverse event or contraindication.

4. The prescription drug required by the step therapy protocol is not in the best interest of the patient based on medical necessity because the patient's use of the prescription drug is expected to cause any of the following:

(a) A barrier to the patient's adherence to or compliance with the patient's plan of care.

(b) A negative impact on the patient's comorbid conditions.

(c) A clinically predictable negative drug interaction.

(d) A decrease in the patient's ability to achieve or maintain a reasonably functional ability in performing daily activities for which the patient has experienced a positive therapeutic outcome.

5. The patient has experienced a positive therapeutic outcome on a prescribed drug selected by the patient's health care provider for the medical condition under consideration while on the patient's current or previous health care plan. A health care provider may not use a pharmaceutical sample for the purpose of qualifying for an exception to step therapy under this paragraph.

C. On granting a step therapy exception determination, the health care insurer, pharmacy benefit manager or utilization review agent shall authorize coverage for the prescription drug prescribed by the patient's treating health care provider if the prescription drug is covered by the patient's health care plan.

D. The health care insurer, pharmacy benefit manager or utilization review agent shall grant or deny a step therapy exception request within seventy-two hours after receiving the request. In a case in which an exigent circumstance exists, the health care insurer, pharmacy benefit manager or utilization review agent shall grant or deny the step therapy exception request within twenty-four hours after receiving the request.  If the step therapy exception request is incomplete or additional clinically relevant information is required, the health care insurer, pharmacy benefit manager or utilization review agent shall notify the prescribing provider within seventy-two hours after receiving the request, or within twenty-four hours if an exigent circumstance exists, that additional or clinically relevant information is required in order to approve or deny the step therapy exception request pursuant to the requirements outlined in subsection A of this section.  The health care insurer, pharmacy benefit manager or utilization review agent shall grant or deny the step therapy exception request within seventy-two hours after receiving the requested additional or clinically relevant information, or within twenty-four hours if an exigent circumstance exists.  If the prescribing provider does not receive a determination or request for additional or clinically relevant information from the health care insurer, pharmacy benefit manager or utilization review agent within the time period prescribed by this subsection, the exception is deemed granted.

E. An insured, enrollee or subscriber may appeal an adverse step therapy exception determination as prescribed in chapter 15, article 2 of this title.

F. This section does not prevent either of the following:

1. A health care insurer, pharmacy benefit manager or utilization review agent from requiring a patient to try an AB-rated generic equivalent before providing coverage for the equivalent branded prescription drug.

2. A health care provider from prescribing a prescription drug that is determined to be medically necessary.
A.R.S. § 20-2661 — Arizona Code / Title 20 / Chapter 16 / Article 3 / Section 2661
20-2661 Scope of article; definitions
Status: in_force

20-2661. Scope of article; definitions

A. This article applies to all agents as defined in section 20-2601 seeking qualification to sell or offer for sale variable contracts or variable group contracts in this state.

B. In this article, unless the context otherwise requires:

1. "Variable contracts" means a variable life insurance policy or a variable annuity as defined in sections 20-2601 and 20-2631, respectively.

2. "Variable group annuity" means a group policy or contract of two or more individuals that provides for annuity benefits that vary according to the investment experience of a separate account or accounts that the insurer maintains pursuant to section 20-651 or the corresponding insurance laws of a foreign insurer's domiciliary state.

3. "Variable group contracts" means a variable group annuity or a variable group life insurance policy.
A.R.S. § 20-1402.02 — Arizona Code / Title 20 / Chapter 6 / Article 5 / Section 1402.02
20-1402.02 Eosinophilic gastrointestinal disorder; formula
Status: in_force

20-1402.02. Eosinophilic gastrointestinal disorder; formula

A. Any group disability policy that is offered by a group disability insurer and that contains a prescription drug benefit shall cover amino acid-based formula that is ordered by a physician or a registered nurse practitioner if:

1. The insured has been diagnosed with an eosinophilic gastrointestinal disorder.

2. The insured is under the continuous supervision of a physician who is licensed pursuant to title 32, chapter 13 or 17 or a registered nurse practitioner who is licensed pursuant to title 32, chapter 15.

3. There is risk of a mental or physical impairment without the use of the formula.

B. A group disability insurer shall cover at least seventy-five per cent of the cost of the formula.  The group disability insurer may limit the maximum annual benefit for formula under this section to twenty thousand dollars.

C. This section does not apply to limited benefit coverage as defined in section 20-1137.
A.R.S. § 20-866 — Arizona Code / Title 20 / Chapter 4 / Article 4 / Section 866
20-866 Location of office; publications; grievance procedure
Status: in_force

20-866. Location of office; publications; grievance procedure

A. The principal office of a domestic society shall be located in this state. The meetings of the society's supreme governing body may be held in any state, district, province or territory in which the society has at least one subordinate lodge or in any other place that is determined by the supreme governing body. Business that is transacted at an out of state meeting is valid in all respects as if the meeting were held in this state. The minutes of the proceedings of the supreme governing body and the board of directors shall be in English.

B. A society may publish an official publication in which any notice, report or statement required by the society's laws to be given to its members is published. A required notice, report or statement shall be conspicuously printed in the publication. If the records of the society show that two or more members have the same mailing address, an official publication that is sent to one member is deemed to be sent to all members at the same address unless a member requests a separate copy.

C. By June 1 of each year, the society shall publish and send to each benefit member a synopsis of the society's annual statement that explains the condition of the society. The synopsis may be published in the society's official publication.

D. A society may establish grievance or complaint procedures by law or rule.
A.R.S. § 20-448 — Arizona Code / Title 20 / Chapter 2 / Article 6 / Section 448
20-448 Unfair discrimination; definitions
Status: in_force

20-448. Unfair discrimination; definitions

A. A person shall not make or permit any unfair discrimination between individuals of the same class and equal expectation of life in the rates charged for any contract of life insurance or of life annuity or in the dividends or other benefits payable or in any other of the terms and conditions of the contract.

B. A person shall not make or permit any unfair discrimination respecting hemophiliacs or between individuals of the same class and of essentially the same hazard in the amount of premium, policy fees or rates charged for any policy or contract of disability insurance or in the benefits payable or in any of the terms or conditions of the contract, or in any other manner whatever. The provisions of this subsection regarding hemophiliacs do not apply to any policy or subscription contract that provides only benefits for specific diseases or for accidental injuries or that provides only indemnity for blood transfusion services or replacement of whole blood products, fractions or derivatives.

C. As to kinds of insurance other than life and disability, a person shall not make or permit any unfair discrimination in favor of particular persons or between insureds or subjects of insurance having substantially like insuring, risk and exposure factors, or expense elements, in the terms or conditions of any insurance contract, or in the rate or amount of premium charged.

D. An insurer shall not refuse to consider an application for life or disability insurance on the basis of a genetic condition, developmental delay or developmental disability.

E. The rejection of an application or the determining of rates, terms or conditions of a life or disability insurance contract on the basis of a genetic condition, developmental delay or developmental disability constitutes unfair discrimination, unless the applicant's medical condition and history and either claims experience or actuarial projections establish that substantial differences in claims are likely to result from the genetic condition, developmental delay or developmental disability.

F. In addition to the provisions in subsection E of this section, the rejection of an application or the determination of rates, terms or conditions of a disability insurance contract on the basis of a genetic condition constitutes unfair discrimination in the absence of a diagnosis of the condition related to information obtained as a result of a genetic test.

G. An insurer that offers life, disability or long-term care insurance contracts may not unfairly discriminate against a living organ donor in the offering, issuance, price or conditions of an insurance policy based solely, and without additional actuarial risks, on that person's status as a living organ donor.

H. An insurer that offers life, disability, property or liability insurance contracts shall not deny a claim incurred or deny, refuse, refuse to renew, restrict, cancel, exclude or limit coverage or charge a different rate for the same coverage solely on the basis that the insured or proposed insured is or has been a victim of domestic violence or is an entity or individual that provides counseling, shelter, protection or other services to victims of domestic violence. If an insurer that offers life, disability, property or liability insurance contracts denies a claim incurred or denies, refuses, refuses to renew, restricts, cancels, excludes or limits coverage or charges a different rate for the same coverage on the basis of a mental or physical condition and the insured or the proposed insured is or has been a victim of domestic violence, the insurer shall submit a written explanation to the insured or proposed insured of the reasons for the insurer's actions, in accordance with section 20-2110. The fact that an insured or proposed insured is or has been the victim of domestic violence is not a mental or physical condition.  This subsection is not intended to provide any private right or cause of action to or on behalf of any applicant or insured. It is the specific intent of this subsection to provide solely an administrative remedy to the director for any violation of this section. This subsection does not prevent an insurer from refusing to issue a life insurance policy insuring a person who has been the victim of domestic violence if either of the following is true:

1. The family or household member who commits the act of domestic violence is the applicant for or prospective owner of the policy or would be the beneficiary of the policy and any of the following is true:

(a) The applicant or prospective beneficiary of the policy is known, on the basis of police or court records, to have committed an act of domestic violence.

(b) The insurer has knowledge of an arrest or conviction for a domestic violence related offense by the family or household member.

(c) The insurance company has other reasonable grounds to believe, and those grounds are corroborated, that the applicant or proposed beneficiary of a policy is a family or household member committing acts of domestic violence.

2. The applicant or prospective owner of the policy lacks an insurable interest in the insured.

I. Subsection H of this section does not prevent an insurer that:

1. Offers life or disability insurance contracts from underwriting coverage on the basis of an insured's or proposed insured's mental or physical condition if the underwriting:

(a) Does not consider whether or not the mental or physical condition was caused by an act of domestic violence.

(b) Is the same for an insured or proposed insured who is not the victim of domestic violence as it is for an insured or proposed insured who is the victim of domestic violence.

(c) Does not violate any other rule or law.

2. Offers property or liability insurance contracts from underwriting coverage on the basis of the insured's claims history or characteristics of the insured's property and using rating criteria consistent with section 20-384.

J. Any determination made pursuant to section 20-2537 by the external independent review organization shall not be considered in connection with the evaluation of whether any person subject to this article has complied with this section.

K. A property or liability insurer may exclude coverage for losses caused by an insured's intentional or fraudulent act.  The exclusion shall not deny an insured's otherwise covered property loss if the property loss is caused by an act of domestic violence by another insured under the policy and the insured who claims the property loss cooperates in any investigation relating to the loss and did not cooperate in or contribute to the creation of the property loss.  The insurer may apply reasonable standards of proof for claims filed under this subsection.  The insurer may limit the payment to the insured's insurable interest in the property minus any payment made to any mortgagee or other party with a secured interest in the property. This subsection does not require an insurer to pay any amount that is more than the amount of the loss or property coverage limits. An insurer who pays a claim under this subsection has the right of subrogation against any person except the victim of the domestic violence.

L. All insurers shall adopt and adhere to written policies that are consistent with chapter 11 of this title and that specify the procedures to be followed by employees, contractors, producers, agents and brokers to ensure the privacy of and to help protect the safety of a victim of domestic violence when taking an application, investigating a claim, pursuing subrogation or taking any other action relating to a policy or claim involving a victim of domestic violence.  Insurers shall distribute the written policies to employees, contractors, producers, agents and brokers who have access to personal or privileged information regarding domestic violence.

M. For the purposes of this section:

1. "Developmental delay" means a delay of at least one and one-half standard deviations from the norm.

2. "Developmental disability" has the same meaning prescribed in section 36-551.

3. "Domestic violence" means any act that is a dangerous crime against children as defined in section 13-705 or an offense defined in section 13-1201 through 13-1204, 13-1302 through 13-1304, 13-1502 through 13-1504 or 13-1602, section 13-2810, section 13-2904, subsection A, paragraph 1, 2, 3 or 6, section 13-2916 or section 13-2921, 13-2921.01, 13-2923 or 13-3623, if any of the following applies:

(a) The relationship between the victim and the defendant is one of marriage or former marriage or of persons residing or having resided in the same household.

(b) The victim and the defendant have a child in common.

(c) The victim or the defendant is pregnant by the other party.

(d) The victim is related to the defendant or the defendant's spouse by blood or court order as a parent, grandparent, child, grandchild, brother or sister, or by marriage as a parent-in-law, grandparent-in-law, stepparent, step-grandparent, stepchild, step-grandchild, brother-in-law or sister-in-law.

(e) The victim is a child who resides or has resided in the same household as the defendant and is related by blood to a former spouse of the defendant or to a person who resides or has resided in the same household as the defendant.

4. "Gene products" means gene fragments, nucleic acids or proteins derived from deoxyribonucleic acids that would be a reflection of or indicate DNA sequence information.

5. "Genetic condition" means a specific chromosomal or single-gene genetic condition.

6. "Genetic test" means an analysis of an individual's DNA, gene products or chromosomes that indicates a propensity for or susceptibility to illness, disease, impairment or other disorders, whether physical or mental, or that demonstrates genetic or chromosomal damage due to environmental factors, or carrier status for a disease or disorder.

7. "Living organ donor" means a living person who donates an organ to another living person.
A.R.S. § 20-621 — Arizona Code / Title 20 / Chapter 3 / Article 4 / Section 621
20-621 Order of liquidation of domestic insurers
Status: in_force

20-621. Order of liquidation of domestic insurers

A. An order to liquidate the business of a domestic insurer shall direct the receiver to take immediate possession of the property of the insurer, to liquidate its business, to deal with the insurer's property and business in the receiver's own name as receiver or in the name of the insurer, as the court may direct, and to give notice to all creditors who have claims against the insurer to present such claims.

B. The receiver may apply for and secure an order dissolving the corporate existence of a domestic insurer upon his application for an order of liquidation of the insurer or at any time after such order has been granted.