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2023 Alaska Statutes › Title 21. Insurance › Chapter 06. The Director of Insurance › Sec. 21.06.160. Examination expense.

(a) Each person examined, other than examinations under AS 21.06.130 and examinations of managing general agents, third-party administrators, reinsurance intermediary managers, motor vehicle service contract providers, or surplus lines brokers, shall pay a reasonable rate calculated on salary, benefit costs, and estimated division overhead for time spent directly or indirectly related to the examination. Each person examined, other than examinations under AS 21.06.130, shall pay actual out-of-pocket business expenses, including travel expenses, incurred by division staff examiners and shall pay the compensation of a contract examiner, to be set at a reasonable customary rate, for conducting the examination upon presentation of a detailed account of the charges and expenses by the director or under an order of the director. The director may waive payment of all or part of the actual out-of-pocket business expenses incurred by division staff examiners, or the compensation of a contract examiner, if the director determines that payment of the expenses or compensation creates a financial hardship for a managing general agent, third-party administrator, reinsurance intermediary manager, motor vehicle service contract provider, or surplus lines broker. The accounting may either be presented periodically during the course of the examination or at the termination of the examination. A person may not pay and an examiner may not accept additional compensation for an examination. A person shall pay examination expenses to the division under this subsection using an electronic payment method specified by the director.
(b) The director shall pay into the general fund of the state all money received under (a) of this section. Instead of charging and collecting the costs and expenses of the examination under (a) of this section, the director may give written authorization for the person examined to make direct payment to the contract examiner for all or part of the contract examiner's compensation or expenses. The contract between the state and a contract examiner who will receive direct payment under this subsection must require that the examiner provide the director with a copy of each billing for the examination.
(c) In addition to other penalties provided by this title, if the person fails to pay the charges and expenses prescribed in (a) of this section, the amount may be recovered by suit by the attorney general on behalf of the state and restored to the general fund. The amount due shall be a first lien upon all of the assets and property of the person in this state.
2023 Alaska Statutes › Title 21. Insurance › Chapter 06. The Director of Insurance › Sec. 21.06.165. Immunity for director and others.

(a) The director, employees or agents of the division, and the National Association of Insurance Commissioners and its employees, are not liable for civil damages for an act or omission in the execution of their authorized activities or duties under this title, or for the publication or dissemination of a report or bulletin related to their authorized activities or duties.
(b) A person may not bring a civil action if the civil action arises out of the act of communicating or delivering information to the director, a representative of the director, or an examiner who is performing an examination under this title.
(c) This section does not abrogate or modify the common law or other statutory privilege or immunity.
(d) This section does not preclude liability for civil damages as a result of reckless, wilful, or intentional misconduct.
2023 Alaska Statutes › Title 21. Insurance › Chapter 06. The Director of Insurance › Sec. 21.06.170. Witnesses, evidence, and contempt.

(a) With respect to the subject of an examination, investigation, or hearing being conducted by the director or an examiner, if general written authority has been given the examiner by the director, the director or the examiner may subpoena witnesses and administer oaths or affirmations and examine any person under oath, and may compel the production of records, books, papers, contracts, and other documents by attachments, if necessary. If, in connection with an examination of an insurer, the director desires to examine an officer, director, or manager who is then outside this state, the director is authorized to conduct and to enforce by appropriate and available means an examination under oath in another state or a territory of the United States in which the officer, director, or manager may then presently be, to the full extent permitted by the laws of the other state or territory, this special authorization considered. An administrative law judge from the office of administrative hearings (AS 44.64.010) conducting a hearing under this title may, in the course of the hearing, exercise the powers granted to the director under this subsection.
(b) Witness fees and mileage, if claimed, shall be allowed the same as for testimony in a court. Witness fees, mileage, and the actual expenses necessarily incurred in securing attendance of witnesses and their testimony shall be itemized, and shall be paid by the person being examined if the person is found to have violated the law regarding the matter for which the witness was subpoenaed, or shall be paid by the person, if other than the director, at whose request the hearing is held.
(c) Subpoenas of witnesses shall be served in the same manner as if issued from a court.
(d) If a person disobeys or resists a lawful order of the administrative law judge or director, refuses to respond to a subpoena, refuses to take oath or affirmation as a witness, refuses to be examined, or is guilty of misconduct at a hearing or so near the hearing as to obstruct the proceeding, the administrative law judge or director shall certify the facts to the superior court where the hearing is held, and, upon certification, the court shall issue an order directing the person to appear before the court and show cause why the person should not be punished for contempt.
(e) [Repealed, § 22 ch 149 SLA 1984.]
2023 Alaska Statutes › Title 21. Insurance › Chapter 06. The Director of Insurance › Sec. 21.06.180. Hearings.

(a) The director may hold hearings for any purpose within the scope of this title considered to be necessary.
(b) The office of administrative hearings (AS 44.64.010) shall conduct a hearing on behalf of the director if required under AS 44.64.030. Otherwise, the director shall conduct a hearing if required by a provision of this title, or upon written demand to the director by a person aggrieved by an act, threatened act, or failure of the director to act, or by a report, regulation, or order of the director (other than an order for the holding of a hearing, or an order on hearing or under it). A demand must specify the grounds to be relied upon at the hearing as a basis for the relief. Except as provided under AS 21.27.420(d), unless postponed by mutual consent or for good cause shown, the hearing shall be held within 30 days after receipt by the director of the written demand.
(c) Except as provided under AS 21.27.420(d), if, within the 30-day period, the director does not either (1) grant the hearing, or (2) issue an order refusing the hearing, as to the previous report, regulation, or order as to which the person so claims to be aggrieved, the hearing shall be considered to have been refused.
2023 Alaska Statutes › Title 21. Insurance › Chapter 06. The Director of Insurance › Sec. 21.06.190. Stay of action.

(a) Except as provided in AS 21.27.420(d), a demand for a hearing received by the director before the effective date of an order issued or within 10 days after an order is delivered stays the effectiveness of the order pending the hearing and an order made thereon, except as to action taken or proposed under an order
(1) on hearing;
(2) under and supplemental to an order on hearing; or
(3) based upon impairment of assets or unsound financial condition of an insurer.
(b) If an automatic stay is not provided for and the director after receipt of a written request for a stay fails to grant it, the person aggrieved may apply to the superior court for a stay of the director's proposed action.
2023 Alaska Statutes › Title 21. Insurance › Chapter 06. The Director of Insurance › Sec. 21.06.200. Notice of hearing.

Not less than 20 days in advance, the administrative law judge or director shall give notice of the time and place of the hearing, stating the matters to be considered at the hearing. If the persons to be given notice are not specified in the provision under which the hearing is held, the administrative law judge or director shall give notice to all persons whose pecuniary interests are to be directly and immediately affected by the hearing.
2023 Alaska Statutes › Title 21. Insurance › Chapter 06. The Director of Insurance › Sec. 21.06.210. Hearing procedure.

(a) The administrative law judge or director shall allow a party to the hearing to appear in person and by counsel, to be present during the giving of all evidence, to have a reasonable opportunity to inspect all documentary evidence and to examine witnesses, to present evidence in support of the party's interest, and to have subpoenas issued by the administrative law judge or director to compel attendance of witnesses and production of evidence in the party's behalf.
(b) The administrative law judge or director shall permit to become a party to the hearing by intervention, if timely, any person who was not an original party to the proceeding and whose pecuniary interests are to be directly and immediately affected by the director's order made upon the hearing.
(c) Formal rules of pleading or evidence need not be observed at a hearing.
(d) Upon written request seasonably made by a party to the hearing and at that person's expense, the administrative law judge or director shall cause a full stenographic record of the proceedings to be made by a competent reporter. If transcribed, a copy of the stenographic record shall be furnished to the director, without cost to the director or the state, and shall be a part of the director's record of the hearing. If transcribed, a copy of the stenographic record shall be furnished to any other party to the hearing at the request and expense of the other party. If no stenographic record is made or transcribed, the administrative law judge or director shall prepare an adequate record of the evidence and of the proceedings.
(e) Upon written request of a party to a hearing filed with the director within 30 days after an order made pursuant to a hearing has been mailed or delivered to the persons entitled to receive it, the director may grant a rehearing or reargument of the matters involved in the hearing. Notice of the rehearing or reargument must conform to the requirements of AS 21.06.200.
(f) If the parties agree, the administrative law judge or director may conduct a hearing under this section by teleconference.
(g) A witness at a hearing under this section may testify telephonically.
(h) The administrative law judge or director may close a hearing to the public when the administrative law judge or director finds the closure is necessary to protect a person against unwarranted injury or is in the public interest.
2023 Alaska Statutes › Title 21. Insurance › Chapter 06. The Director of Insurance › Sec. 21.06.220. Order on hearing.

(a) In conducting the hearing, the administrative law judge or director shall sit in a quasi-judicial capacity. Within 45 days after termination of the hearing, rehearing, or reargument, the director shall make an order on hearing, covering matters involved in the hearing, rehearing, or reargument, and shall give a copy of the order to the same persons given notice of the hearing.
(b) The order must contain a concise statement of the facts found by the director, the conclusions of the director, and the matters required by AS 21.06.100.
(c) The order may affirm, modify, or nullify a previous action or may constitute the taking of new action within the scope of the notice of hearing.
2023 Alaska Statutes › Title 21. Insurance › Chapter 06. The Director of Insurance › Sec. 21.06.250. Fees and licenses.

The director shall collect in advance a fee for each license and for services performed by the division of insurance. Fees may be collected for but are not limited to applications, licenses and license renewals, certificates of authority, service of process, printed or photocopied material, and postage. The director shall adopt regulations setting the fees in an amount the director determines to be sufficient to reimburse the state for the actual expense incurred in providing a service. The director may require by regulation that an insurer or other licensee pay a fee by electronic means.
2023 Alaska Statutes › Title 21. Insurance › Chapter 06. The Director of Insurance › Sec. 21.06.255. Information for child support purposes.

Notwithstanding any other provision of this title, a natural person who applies for a license or requests renewal of a license issued by the director under this title shall provide the director with the person's social security number. Upon request, the director shall provide a social security number provided under this section to the child support services agency created in AS 25.27.010, or the child support enforcement agency of another state, for child support purposes authorized under law.
2023 Alaska Statutes › Title 21. Insurance › Chapter 07. Patient Protections Under Health Care Insurance Policies › Sec. 21.07.005. Regulations relating to health care insurance policies.

(a) The director shall adopt regulations to provide standards and criteria for
(1) the structure and operation of utilization review and benefit determination processes;
(2) the establishment and maintenance of procedures by health care insurers to ensure that a covered individual has the opportunity for appropriate resolution of grievances; and
(3) an independent review of an adverse determination or final adverse determination.
(b) The regulations under (a) of this section must be at least as restrictive as the Utilization Review and Benefit Determination Model Act adopted by the National Association of Insurance Commissioners on June 22, 2003, the Health Carrier Grievance Procedure Model Act adopted by the National Association of Insurance Commissioners on June 22, 2003, and the Uniform Health Carrier External Review Model Act adopted by the National Association of Insurance Commissioners on June 2, 2008.
(c) The director may adopt regulations for the registration and regulation of independent review organizations, including the establishment of fees in an amount the director determines to be sufficient to reimburse the state for actual expenses incurred in providing a service.
2023 Alaska Statutes › Title 21. Insurance › Chapter 07. Patient Protections Under Health Care Insurance Policies › Sec. 21.07.020. Required contract provisions for health care insurance policy.

A health care insurance policy must contain a provision
(1) that preauthorization for a covered medical procedure on the basis of medical necessity may not be retroactively denied unless the preauthorization is based on materially incomplete or inaccurate information provided by or on behalf of the provider;
(2) for emergency services that meet the requirements under 42 U.S.C. 300gg-19a(b) if any coverage is provided for treatment of an emergency medical condition;
(3) that covered medical care services be reasonably available in the community in which a covered person resides or that, if referrals are required by the policy, adequate referrals outside the community be available if the medical care service is not available in the community;
(4) that discloses covered benefits, optional supplemental benefits, and benefits relating to and restrictions on nonparticipating provider services;
(5) describing a mechanism for assignment of benefits for health care providers and payment of benefits;
(6) describing the availability of prescription medications or a formulary guide, and whether medications not listed are excluded; if a formulary guide is made available, the guide must be updated annually; and
(7) describing available translation or interpreter services, including audiotape or braille information.
2023 Alaska Statutes › Title 21. Insurance › Chapter 07. Patient Protections Under Health Care Insurance Policies › Sec. 21.07.080. Religious nonmedical providers.

This chapter may not be construed to
(1) restrict or limit the right of a health care insurer to include services provided by a religious nonmedical provider as medical care services covered by the health care insurance policy;
(2) require a health care insurer, when determining coverage for services provided by a religious nonmedical provider, to
(A) apply medically based eligibility standards;
(B) use health care providers to determine access by a covered person;
(C) use health care providers in making a decision on an internal or external appeal; or
(D) require a covered person to be examined by a health care provider as a condition of coverage; or
(3) require a health care insurance policy to exclude coverage for services provided by a religious nonmedical provider because the religious nonmedical provider is not providing medical or other data required from a health care provider if the medical or other data is inconsistent with the religious nonmedical treatment or nursing care being provided.
2023 Alaska Statutes › Title 21. Insurance › Chapter 07. Patient Protections Under Health Care Insurance Policies › Sec. 21.07.250. Definitions.

In this chapter,
(1) [Repealed, § 65 ch 41 SLA 2016.]
(2) [Repealed, § 65 ch 41 SLA 2016.]
(3) “emergency medical condition” means a medical condition manifesting itself by acute symptoms of sufficient severity, including severe pain, that a prudent person who possesses an average knowledge of health and medicine could reasonably expect that the absence of immediate medical attention would result in serious impairment of bodily functions, serious dysfunction of a bodily organ or part, or would place the person's health or, with respect to a pregnant woman, the health of the woman or her unborn child, in serious jeopardy.
(4) “emergency services” means medical care services or items furnished or required to evaluate and treat an emergency medical condition;
(5) “health care insurer” has the meaning given in AS 21.54.500;
(6) “health care provider” means a person licensed in this state or another state of the United States to provide medical care services;
(7) “health insurance” has the meaning given in AS 21.12.050(a);
(8) [Repealed, § 65 ch 41 SLA 2016.]
(9) “medical care” has the meaning given in AS 21.97.900;
(10) “participating health care provider” means a health care provider who has entered into an agreement with a health care insurer to provide services or supplies to a patient covered by a health care insurance policy;
(11) “primary care provider” means a health care provider who provides general medical care services and does not specialize in treating a single injury, illness, or condition or who provides obstetrical, gynecological, or pediatric medical care services;
(12) “provider” means a health care provider;
(13) “religious nonmedical provider” means a person who provides only religious nonmedical treatment or nursing care for an illness or injury;
(14) "utilization review" means a set of techniques designed to monitor the use of, or evaluate the clinical necessity, appropriateness, efficacy, or efficiency of, health care services, procedures, or settings; techniques may include ambulatory review, prospective review, second opinion certification, concurrent review, case management, discharge planning, or retrospective review.
2023 Alaska Statutes › Title 21. Insurance › Chapter 09. Authorization, Corporate Governance Requirements › Article 1. Authorization of Insurers and General Requirements. › Sec. 21.09.010. Certificate of authority required.

(a) A person may not act as an insurer and an insurer may not transact insurance in this state except as authorized by a subsisting certificate of authority issued to it by the director, except as to transactions that are expressly otherwise provided for in this title.
(b) An insurer may not have or maintain in this state an office, representative, or other facility for the solicitation or servicing of any kind of insurance in another state unless the insurer is authorized to transact the same kind of insurance in this state.
2023 Alaska Statutes › Title 21. Insurance › Chapter 09. Authorization, Corporate Governance Requirements › Article 1. Authorization of Insurers and General Requirements. › Sec. 21.09.020. Exception from certificate of authority requirement.

A certificate of authority is not required of an insurer, not otherwise authorized in this state, with regard to
(1) transactions relative to its policies lawfully written in the state, or liquidation of assets and liabilities of the insurer, other than collection of new premiums, resulting from its former authorized operations in the state;
(2) related transactions subsequent to issuance of a policy covering only subjects of insurance not resident, located, or expressly to be performed in the state at time of issuance, and which coverage was lawfully solicited, written, and delivered outside the state;
(3) transactions under surplus lines coverages lawfully written under AS 21.34;
(4) reinsurance, except as to domestic reinsurers; or
(5) transactions relative to policies issued in another state, but only if
(A) the insurer does not market insurance in this state;
(B) the laws of the state of issue apply to this state's residents covered under the policies; and
(C) the insurer complies with other requirements the director adopts by regulation to qualify for an exception under this paragraph.
2023 Alaska Statutes › Title 21. Insurance › Chapter 09. Authorization, Corporate Governance Requirements › Article 1. Authorization of Insurers and General Requirements. › Sec. 21.09.030. Admission for investment only.

A foreign insurer may transact business in this state without a certificate of authority, for the purpose and to the extent only of investing its funds in real estate in this state or in securities secured thereby by complying with the applicable laws of this state other than this title. Such an insurer is not subject to any other provision of this title.
2023 Alaska Statutes › Title 21. Insurance › Chapter 09. Authorization, Corporate Governance Requirements › Article 1. Authorization of Insurers and General Requirements. › Sec. 21.09.040. General eligibility of insurers.

To qualify for and hold authority to transact insurance in this state an insurer shall comply with this title and with its charter powers and shall be an incorporated stock insurer, an incorporated mutual insurer, or a reciprocal insurer, all of the same general type as may be formed as a domestic insurer under this title, except that
(1) a foreign insurer may not be authorized to transact insurance in this state that does not maintain reserves as required by AS 21.18 applicable to the kind or kinds of insurance transacted by the insurer, wherever transacted in the United States; or that transacts business anywhere in the United States on the assessment plan, or stipulated premium plan, or any similar plan;
(2) a foreign insurer that is directly or indirectly owned or controlled in whole or in substantial part by a government or governmental agency may not be authorized to transact insurance in this state; membership or subscribership in a mutual or reciprocal insurer by virtue of being a policyholder thereof, or ownership of stock or other security that does not have voting rights with respect to the management of the insurer, or supervision of an insurer by public authority, is not considered to be an ownership or control of the insurer for the purposes of this provision.
2023 Alaska Statutes › Title 21. Insurance › Chapter 09. Authorization, Corporate Governance Requirements › Article 1. Authorization of Insurers and General Requirements. › Sec. 21.09.050. Name of insurer.

(a) An insurer may not be authorized to transact insurance in this state that has or uses a name so similar to that of another authorized insurer that the name is likely to mislead the public.
(b) A life insurer may not be authorized that has or uses a name deceptively similar to that of another insurer authorized to transact insurance in this state within the preceding 10 years if life insurance policies originally issued by the other insurer are still outstanding in this state.
(c) An insurer may not be authorized that has or uses a name that tends to deceive or mislead the public as to the type of organization of the insurer.
(d) In case of a conflict of names between two insurers, or a conflict otherwise prohibited under (a) - (c) of this section, the director may permit or require the more recently authorized insurer to use in this state a supplementation or modification of its name or a business name that may reasonably be necessary to avoid the conflict.
2023 Alaska Statutes › Title 21. Insurance › Chapter 09. Authorization, Corporate Governance Requirements › Article 1. Authorization of Insurers and General Requirements. › Sec. 21.09.060. Combinations of insuring powers in one insurer.

An insurer that otherwise qualifies may be authorized to transact any one kind or combination of kinds of insurance as defined in AS 21.12, except that
(1) a life insurer may also grant annuities, but is not authorized to transact any other kind of insurance than health; except that if the insurer is otherwise qualified, the director shall continue to authorize a life insurer that, immediately before July 1, 1966, was lawfully authorized to transact in this state a kind or kinds of insurance in addition to life and health;
(2) a reciprocal insurer may not transact life insurance;
(3) a title insurer must be a stock insurer;
(4) a property or casualty insurer may not transact life insurance and may not grant annuities.
2023 Alaska Statutes › Title 21. Insurance › Chapter 09. Authorization, Corporate Governance Requirements › Article 1. Authorization of Insurers and General Requirements. › Sec. 21.09.080. Capital funds required of old domestic insurers.

(a) In order for a domestic insurer to renew and continue the insurer's certificate of authority after January 1, 1992, the insurer must possess at least the basic capital, basic guarantee surplus, and additional maintained surplus required under AS 21.09.070(a).
(b) [Repealed, § 85 ch 50 SLA 1990.]
(c) [Repealed, § 85 ch 50 SLA 1990.]
(d) Notwithstanding the provisions of this section, a domestic life insurer duly licensed and capitalized on December 31, 1984, shall have and maintain the capital and surplus required under the laws of this state on December 31, 1984, as if the laws had continued in force. This subsection does not apply to a domestic life insurer if the ownership of the insurer is changed, or the class, line, and volume of the business written is materially changed from that written on December 31, 1984.
2023 Alaska Statutes › Title 21. Insurance › Chapter 09. Authorization, Corporate Governance Requirements › Article 1. Authorization of Insurers and General Requirements. › Sec. 21.09.090. Deposit requirement.

(a) This section applies to all insurers.
(b) The director may not authorize an insurer to transact insurance in this state unless it makes and thereafter maintains in trust in this state through the director for the protection of all its policyholders or of all its policyholders and creditors, a deposit of cash or securities eligible for deposit under AS 21.24.030 in the amount of no less than $300,000, except that
(1) from foreign insurers, in lieu of the deposit or part thereof in this state, the director may accept the certificate in proper form of the public official having supervision over insurers in any other state to the effect that a like deposit or part thereof by the insurer is being maintained in public custody or control under the law in that state in trust for the protection generally of the insurer's policyholders or its policyholders and creditors, in the United States;
(2) from alien insurers, in lieu of the deposit or part thereof in this state, the director may accept evidence satisfactory to the director that the insurer maintains within the United States by way of trust deposits with public depositaries, or in trust institutions acceptable to the director, assets available for discharge of its United States insurance obligations, which assets shall be in an amount not less than the outstanding liabilities of the insurer arising out of its insurance transactions in the United States together with a surplus equal to the larger of the following sums:
(A) the largest deposit required by this title to be made by a foreign insurer transacting like kinds of insurance; or
(B) $300,000; which surplus shall for all purposes under this title be considered to be the capital or surplus of the insurer.
(c) Deposits of foreign insurers, or deposits of alien insurers under (b)(2)(A) or (B) of this section in another state shall be in cash or securities of substantially as high quality as those eligible for deposit in this state under AS 21.24.030.
(d) All such deposits in this state are subject to the applicable provisions of AS 21.24.
2023 Alaska Statutes › Title 21. Insurance › Chapter 09. Authorization, Corporate Governance Requirements › Article 1. Authorization of Insurers and General Requirements. › Sec. 21.09.100. Management and affiliations.

The director may not grant or continue authority to transact insurance in this state to an insurer whose principal management personnel is found by the director for good cause shown to be untrustworthy or not of good character, or so lacking in insurance company managerial experience as to make the proposed operation hazardous to the insurance-buying public or to its stockholders; or that the director has good reason to believe is affiliated directly or indirectly through ownership, control, management, reinsurance transactions, or other insurance or business relations with a person or persons whose business operations, to the detriment of insurers, stockholders, or creditors, are or have been marked by manipulation of assets, of accounts, or of reinsurance, or by bad faith.
2023 Alaska Statutes › Title 21. Insurance › Chapter 09. Authorization, Corporate Governance Requirements › Article 1. Authorization of Insurers and General Requirements. › Sec. 21.09.110. Application for certificate of authority.

(a) To apply for an original certificate of authority, an insurer shall file with the director its application, accompanied by the applicable fees set under AS 21.06.250, showing its name, location of its home office, or principal office in the United States if an alien insurer, kinds of insurance to be transacted, date of organization or incorporation, form of organization, state or country of domicile, and additional information that the director may reasonably require, together with the following documents, as applicable:
(1) if a foreign insurer, a copy of its corporate charter or articles of incorporation, with all amendments certified by the public officer with whom the originals are on file in the state or country of domicile;
(2) if a reciprocal insurer, copies of the power of attorney of its attorney-in-fact and of its subscribers' agreement, if any, certified by its attorney-in-fact;
(3) a copy of its financial statement as of the preceding December 31 and all subsequent quarterly financial statements, sworn to by at least two executive officers of the insurer or certified by the public insurance supervisory official of the insurer's state of domicile or of entry into the United States;
(4) a copy of the report of last examination, if any, made of the insurer, issued by the insurance supervisory official of its state of domicile or of entry into the United States;
(5) appointment of the director under AS 21.09.180 as its attorney to receive service of legal process;
(6) if a foreign or alien insurer, a certificate of the public official having supervision of insurance in its state or country of domicile, or state of entry into the United States, showing that it is authorized to transact the kinds of insurance proposed to be transacted in this state;
(7) if an alien insurer, a copy of the appointment and authority of its United States manager, certified by its officer having custody of its records; and
(8) if a foreign insurer, a certificate as to deposit if it is to be tendered under AS 21.09.090.
(b) Policy forms and rates that require filing under AS 21.39 or AS 21.42 shall be submitted under AS 21.39.041, 21.39.220, or AS 21.42.120(b) and may not be submitted with the application for a certificate of authority.
2023 Alaska Statutes › Title 21. Insurance › Chapter 09. Authorization, Corporate Governance Requirements › Article 1. Authorization of Insurers and General Requirements. › Sec. 21.09.120. Issuance, refusal, and ownership of certificate.

(a) If, upon completion of its application, the director finds that the insurer has met the requirements for and is entitled to a certificate under this title, the director shall issue to the insurer a proper certificate of authority; if the director does not so find, the director shall issue an order refusing the certificate. The director shall act upon an application for a certificate of authority within 60 days after its completion.
(b) The certificate, if issued, shall specify the kind or kinds of insurance the insurer is authorized to transact in this state. At the insurer's request, the director may issue a certificate of authority limited to particular types of insurance or insurance coverages within the scope of a kind of insurance defined in AS 21.12.
(c) Although issued to the insurer, the certificate of authority is at all times the property of the state. Upon the expiration, suspension, or termination of the certificate of authority the insurer shall promptly deliver it to the director.
2023 Alaska Statutes › Title 21. Insurance › Chapter 09. Authorization, Corporate Governance Requirements › Article 1. Authorization of Insurers and General Requirements. › Sec. 21.09.130. Continuance, expiration, reinstatement, and amendment of certificate.

(a) A certificate of authority issued or renewed under this title continues in force as long as the insurer is entitled to it under this title and until suspended or revoked, or otherwise terminated, subject, however, to continuance of the certificate by the insurer each year by payment before June 30 of the continuation fee set under AS 21.06.250. The method of payment must be by electronic or other payment method specified by the director by regulation under AS 21.06.250.
(b) If not continued by the insurer, its certificate of authority shall be suspended at midnight on June 30 following the failure of the insurer to continue it in force. The certificate of authority shall expire on June 30 one year following its suspension due to failure to continue the certificate of authority. The director shall promptly notify the insurer of the occurrence of a failure that may result in suspension of its certificate of authority.
(c) The director may reinstate a certificate of authority that the insurer has inadvertently permitted to expire, after the insurer has fully cured all its failures that resulted in the expiration and upon payment by the insurer of the fee for reinstatement in addition to the current continuation fee, set under AS 21.06.250. Otherwise, the insurer shall be granted another certificate of authority only after filing an application and meeting all other requirements as for an original certificate of authority in this state.
(d) The director may amend a certificate of authority at any time to accord with changes in the insurer's charter of insuring powers.
2023 Alaska Statutes › Title 21. Insurance › Chapter 09. Authorization, Corporate Governance Requirements › Article 1. Authorization of Insurers and General Requirements. › Sec. 21.09.135. Voluntary surrender of certificate of authority.

(a) A foreign admitted insurer may apply for voluntary surrender of its certificate of authority and the director may accept the application, if the foreign admitted insurer
(1) is in compliance with the applicable sections of this title, or the director waives in writing each condition of noncompliance;
(2) provides written confirmation that obligations incurred before the voluntary surrender of the certificate of authority shall be paid to guarantee funds or insurance pools established by law; and
(3) is domiciled in a state that is
(A) accredited by the National Association of Insurance Commissioners at the time of the request for voluntary surrender; or
(B) not accredited by the National Association of Insurance Commissioners at the time of the request and agrees in writing to be subject to
(i) AS 21.09.200 and 21.09.205 for a period of two years, including payment of any fee related to filing information with the director; and
(ii) any other provision of this title that may be required in writing by the director and for the period of time the director may specify.
(b) If a foreign admitted insurer who surrenders a certificate of authority ceases to exist, all business written and in force relative to a risk resident, located, or to be performed in this state shall be lawfully cancelled or reinsured. A reinsurance agreement covering all or a part of a risk described in this subsection shall be approved by the director before accepting the certificate of authority for surrender if the agreement meets the following criteria:
(1) insurance coverage has not deteriorated from the policies existing at the time of the transfer;
(2) the assuming insurer is of equal or better financial standing; and
(3) the assuming insurer is admitted to do business in this state unless this requirement is waived by the director.
2023 Alaska Statutes › Title 21. Insurance › Chapter 09. Authorization, Corporate Governance Requirements › Article 1. Authorization of Insurers and General Requirements. › Sec. 21.09.140. Mandatory revocation or suspension of certificate.

(a) The director shall suspend or revoke an insurer's certificate of authority
(1) if the action is required by a provision of this title;
(2) if the insurer no longer meets the requirements for the authority granted, on account of the insurer becoming impaired or insolvent or otherwise; or
(3) if the insurer's authority to transact insurance is suspended or revoked by its state of domicile, or state of entry into the United States if an alien insurer.
(b) Except in cases of insolvency or impairment of required capital or surplus, or suspension or revocation by another state as referred to in (a)(3) of this section, the director shall give the insurer at least 15 days' notice in advance of a suspension or revocation under this section.
2023 Alaska Statutes › Title 21. Insurance › Chapter 09. Authorization, Corporate Governance Requirements › Article 1. Authorization of Insurers and General Requirements. › Sec. 21.09.150. Suspension or revocation for violations and special grounds.

(a) The director may suspend or revoke an insurer's certificate of authority if, after a hearing, the director finds that the insurer has violated a lawful order of the director or a provision of this title other than those for which suspension or revocation is mandatory or has not paid any annual service fees assessed under AS 23.05.067.
(b) The director shall, after a hearing, suspend or revoke an insurer's certificate of authority if the director finds that the insurer
(1) is in unsound condition, or in a condition, or using methods or practices in the conduct of its business, that render its further transaction of insurance in this state injurious or hazardous to its policyholders or to the public;
(2) has refused to be examined or to produce its accounts, records, and files for examination or that any of its officers have refused to give information with respect to its affairs, when required by the director;
(3) has failed to pay a final judgment rendered against it in this state within 30 days after the judgment became final; a judgment appealed from is not final until determined by the appellate court;
(4) with a frequency that indicates its general business practice in this state, has without just cause refused to pay proper claims arising under its policies, whether the claim is in favor of an insured or is in favor of a third person, or without just cause delays adjustment of claims, or compels the insured or claimant to accept less than the amount due them or to employ attorneys or to bring suit against the insurer or an insured to secure full payment or settlement of claims;
(5) is affiliated with and under the same general management or interlocking directorate or ownership as another insurer that transacts direct insurance in this state without having a certificate of authority, except as permitted for surplus line insurance under AS 21.34;
(6) has failed, after written request by the director, to remove or discharge an officer or director who has been convicted of a felony involving fraud, dishonesty, or moral turpitude.
(c) The director may, without advance notice or a hearing, immediately suspend the certificate of authority of an insurer against which proceedings for receivership, conservatorship, rehabilitation, or other delinquency proceedings, have been commenced in any state.
2023 Alaska Statutes › Title 21. Insurance › Chapter 09. Authorization, Corporate Governance Requirements › Article 1. Authorization of Insurers and General Requirements. › Sec. 21.09.160. Notice of suspension or revocation and effect upon agent's authority.

(a) Upon suspending or revoking an insurer's certificate of authority, the director shall immediately give notice to the insurer and shall also publish notice of the revocation in one or more newspapers of general circulation in this state.
(b) The suspension or revocation shall automatically suspend or revoke, as the case may be, the authority of all its agents and managing general agents to act as agents or managing general agents of the insurer in this state, and the insurer shall so state in the notice to agents and managing general agents provided for in (c) of this section.
(c) Upon notification of suspension or revocation of an insurer's certificate of authority, the insurer shall immediately give notice of the suspension or revocation to its agents and managing general agents operating in this state.
2023 Alaska Statutes › Title 21. Insurance › Chapter 09. Authorization, Corporate Governance Requirements › Article 1. Authorization of Insurers and General Requirements. › Sec. 21.09.170. Duration of suspension, insurer's obligations, and reinstatement.

(a) Suspension of an insurer's certificate of authority shall be for a fixed period of time determined by the director, or until the occurrence of a specific event necessary for remedying the reasons for suspension. The director may modify, rescind, or reverse a suspension under this section.
(b) During the period of suspension, the insurer
(1) may not solicit or write any new business in this state;
(2) shall file its annual statement and pay fees, licenses, and taxes required under this title; and
(3) may service its outstanding business in force in this state as if the certificate had continued in full force.
(c) If the suspension of the certificate of authority is for a fixed period of time and the certificate of authority has not been otherwise terminated, upon expiration of the suspension period, the insurer's certificate of authority shall be reinstated unless the director finds that the insurer is not in compliance with the requirements of this title. The director shall promptly notify the insurer of any reinstatement, and the insurer may not consider its certificate of authority reinstated until notified by the director. If not reinstated, the certificate of authority expires at the end of the suspension period or at the time the insurer fails to continue the certificate during the suspension period under (b) of this section, whichever event occurs first.
(d) If the suspension of the certificate of authority continues until the occurrence of a specific event and the certificate of authority has not been otherwise terminated, upon the presentation of evidence satisfactory to the director that the specific event has occurred, the insurer's certificate of authority shall be reinstated unless the director finds that the insurer is not in compliance with the requirements of this title. The director shall promptly notify the insurer of any reinstatement, and the insurer may not consider its certificate of authority reinstated until notified by the director. If satisfactory evidence as to the occurrence of the specific event has not been presented to the director within five years after the date of suspension, the certificate of authority expires five years from the date of suspension or upon failure of the insurer to continue the certificate during the suspension period under (b) of this section, whichever occurs first.
(e) The authority of the agents in this state to represent the insurer is reinstated upon reinstatement of the insurer's certificate of authority.
(f) The director shall promptly notify an insurer's agents in this state, as shown by records of the director, of any reinstatement.
2023 Alaska Statutes › Title 21. Insurance › Chapter 09. Authorization, Corporate Governance Requirements › Article 1. Authorization of Insurers and General Requirements. › Sec. 21.09.175. Determination of impairment.

If the director determines that an insurer transacting business in this state is impaired or in imminent danger of becoming impaired, the director may order an insurer to limit or change the insurer's business practices, increase the insurer's capital and surplus, or file additional reports with the director. If an insurer is aggrieved by an order under this section, the insurer may request a hearing under AS 21.06.170 - 21.06.230.
2023 Alaska Statutes › Title 21. Insurance › Chapter 09. Authorization, Corporate Governance Requirements › Article 1. Authorization of Insurers and General Requirements. › Sec. 21.09.180. Director attorney for service of process.

(a) Each insurer applying for authority to transact insurance in this state shall appoint the director as its attorney to receive service of legal process issued against it in this state. The appointment shall be made on a form designated and furnished by the director. The appointment shall be irrevocable, shall bind the insurer and any successor in interest to the assets or liabilities of the insurer, and shall remain in effect as long as there is in force in this state a contract made by the insurer or obligations arising from it.
(b) Service of process against a foreign or alien insurer shall be made only by service of process upon the director or upon a deputy or other person in charge of the office during the absence of the director. Service of process against a domestic insurer may be made either upon the director or upon the insurer corporation in the manner provided by laws applying to corporations generally, or upon the insurer's attorney-in-fact if a domestic reciprocal insurer.
(c) Each insurer at the time of application for a certificate of authority shall file with the director the name and address of the person to whom process against it served upon the director is to be forwarded. The insurer may change the designation by a new filing.
2023 Alaska Statutes › Title 21. Insurance › Chapter 09. Authorization, Corporate Governance Requirements › Article 1. Authorization of Insurers and General Requirements. › Sec. 21.09.190. Service of process.

(a) Duplicate copies of legal process against an insurer for whom the director is attorney under AS 21.09.180 shall be served upon the director, or upon a deputy of the director or other person in charge of the office during the absence of the director. At the time of service the plaintiff shall pay to the director a fee set under AS 21.06.250, taxable as costs in the action. Upon receiving service the director shall promptly forward a copy by certified mail with return receipt requested to the person last designated by the insurer to receive it.
(b) Process served upon the director and the copy forwarded as provided in this section constitutes service upon the insurer.