reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 2 - Division of Insurance › Chapter 25 - Surplus Lines - Unauthorized Insurers › 3 AAC 25.050 - Required notice of nonrenewal and premium increase

Current through May 31, 2024
(a)An eligible
				surplus lines insurer shall include in each policy an Alaska surplus lines
				policyholder notice regarding nonrenewal and premium increase, in a format
				approved by the director.
(b) A
				licensed surplus lines broker shall ensure that the required notice is part of
				each policy.
Authority:
AS
					 21.06.090
AS 21.34.100
AS
					 21.34.250
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 2 - Division of Insurance › Chapter 25 - Surplus Lines - Unauthorized Insurers › 3 AAC 25.060 - Evidence of insurance

Current through May 31, 2024
The prompt delivery of the evidence of insurance required by
				  AS
				  21.34.100 means not later than 30 days after
				  the date the coverage is bound. Evidence of insurance includes subsequent
				  endorsements and company audits related to a policy.
Authority:
AS
					 21.06.090
AS 21.34.100
AS
					 21.34.250
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 2 - Division of Insurance › Chapter 25 - Surplus Lines - Unauthorized Insurers › 3 AAC 25.070 - Notice

Current through May 31, 2024
(a) A nonadmitted insurer may not issue a
				notice of cancellation for nonpayment of premium until after the written notice
				requirement of
				AS
				21.34.110 has been satisfied.
(b) The written notice requirement of
				AS
				21.34.110 may be satisfied by the surplus
				lines broker providing to the producing broker a pre-printed notice that
				contains the information required by
				AS
				21.34.110, and the producing broker then
				providing the pre-printed notice to the insured at the time evidence of
				insurance is required by
				AS
				21.34.100.
Authority:
AS
					 21.06.090
AS 21.34.100
AS 21.34.110
AS 21.34.130
AS
					 21.34.250
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 2 - Division of Insurance › Chapter 25 - Surplus Lines - Unauthorized Insurers › 3 AAC 25.080 - Taxes and filing fees

Current through May 31, 2024
The surplus lines tax required by
				  AS
				  21.34.180 and the filing fee required by
				  AS
				  21.34.190 must be collected for the full
				  amount of premium charged for a policy that includes any portion of coverage
				  procured through a surplus lines broker from a nonadmitted insurer unless the
				  surplus lines broker has unequivocal documentation that identifies those risks,
				  locations or operations, and premiums that are not subject to AS
				  21.34.
Authority:
AS
					 21.06.090
AS 21.34.180
AS 21.34.190
AS
					 21.34.250
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 2 - Division of Insurance › Chapter 25 - Surplus Lines - Unauthorized Insurers › 3 AAC 25.090 - Report of insurance transactions

Current through May 31, 2024
(a) Repealed
				6/11/2006.
(b) In addition to the
				information required by
				AS
				21.34.080, a surplus lines broker shall
				include the following information in the report of each surplus lines insurance
				transaction on a form prescribed by the director:
(1) the policy term and policy
				number;
(2) identification of the
				type of insurance as it is required to be reported in the annual statement that
				must be filed with the director by an admitted insurer;
(3) the gross premiums written for each type
				of insurance identified under (2) of this subsection;
(4) if the National Association of Insurance
				Commissioners has not assigned the company number referenced in
				AS
				21.34.080, an identifying number for that
				company that has been obtained from the division;
(5) the name and firm license number issued
				under
				AS
				21.27.010(a) of the
				producing broker;
(6) the name and
				firm license number issued under
				AS
				21.27.010(a) of the surplus
				lines broker.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 2 - Division of Insurance › Chapter 25 - Surplus Lines - Unauthorized Insurers › 3 AAC 25.100 - Quarterly report

Current through May 31, 2024
(a) The quarterly report required of a
				surplus lines broker by
				AS
				21.34.170 shall be filed electronically in
				the location required by the director. Filing of the quarterly report must
				occur on or before the corresponding due date under
				AS
				21.34.170. The quarterly report must be
				signed by the surplus lines broker. The signature may be an electronic
				signature. If no transactions took place during the period, a report is not
				required for that period.
The quarterly report must be signed by the surplus lines
				  broker. If no transactions took place during the period, a report is not
				  required for that period.
(b) The quarterly report must include
(1) the name of the surplus lines broker;
(2) the surplus lines broker's
				license number; and
(3) the
				quarterly period's total gross premiums written, less any return premium or any
				exempt premium, and the quarterly period's total resulting taxes and fees for
				all coverage where this state is the home state of the insured.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 2 - Division of Insurance › Chapter 25 - Surplus Lines - Unauthorized Insurers › 3 AAC 25.105 - Amended quarterly reports

Current through May 31, 2024
(a) If new
				information exists that will change a previously filed quarterly report under
				AS
				21.34.170, the surplus lines broker shall
				file an amended quarterly report for the period in which the transaction
				occurred.
(b) A surplus lines
				broker who fi les an amended quarterly report for a period for which taxes and
				filing fees have already been paid shall pay any additional taxes and filing
				fees owing for that period on the next payment due date after the amended
				quarterly report is filed under (a) of this section.
(c) If a payment of additional taxes and
				filing fees is not received by the director by the next scheduled payment due
				date, the surplus lines broker is subject to late payment fees under
				AS
				21.34.180 and
				21.34.190.
(d) If a payment of additional taxes and fees
				is not received by the division by the next scheduled payment due date, the
				surplus lines broker is subject to late payment fees under
				AS
				21.34.180(f) and
				AS
				21.34.190(b).
As of Register 182 (July 2007), the regulations attorney
					 made technical revisions under
					 AS
					 44.62.125(b)(6) to
					 3 AAC 25.105(b) (1).
Authority:
AS
					 21.06.090
AS 21.34.080
AS 21.34.170
AS 21.34.180
AS 21.34.190
AS
					 21.34.250
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 2 - Division of Insurance › Chapter 25 - Surplus Lines - Unauthorized Insurers › 3 AAC 25.110 - Annual tax payment report (Repealed)

Current through May 31, 2024
Authority:
AS
					 21.06.090
AS 21.34.180
AS 21.34.190
AS
					 21.34.250
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 2 - Division of Insurance › Chapter 25 - Surplus Lines - Unauthorized Insurers › 3 AAC 25.120 - Risk retention groups

Current through May 31, 2024
(a) Insurance may be procured through an
				Alaska licensed surplus lines broker from a risk retention group, as defined in
				3 AAC 24.290, that does not hold a certificate of
				authority from this state only if the risk retention group is currently
				properly registered with the division.
(b) A surplus lines placement with a risk
				retention group that is in compliance with other statutes and regulations is
				not subject to
				3 AAC 25.010,
				3 AAC 25.035,
				3 AAC 25.040, and
				3 AAC 25.050.
(c) The notice required by
				AS
				21.34.110 shall include the following
				federally mandated language in 10-point type:
NOTICE
This policy is issued by your risk retention group. Your risk
				  retention group may not be subject to all of the insurance laws and regulations
				  of your state. State insurance insolvency funds are not available for your risk
				  retention group.
Authority:
AS
					 21.06.090
AS 21.34.110
AS
					 21.34.250
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 2 - Division of Insurance › Chapter 25 - Surplus Lines - Unauthorized Insurers › 3 AAC 25.130 - Vessel tonnage

Current through May 31, 2024
For the purpose of determining whether insurance on a vessel
				  is wet marine and transportation insurance under AS 21.34 or surplus lines
				  insurance, the division will accept file documentation of a vessel's gross
				  registered tons as evidence of displacement tons.
Authority:
AS
					 21.06.090
AS 21.34.250
AS
					 21.34.900
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 2 - Division of Insurance › Chapter 25 - Surplus Lines - Unauthorized Insurers › 3 AAC 25.140 - Eligibility requirements for surplus lines insurers

Current through May 31, 2024
(a) The director
				will place a fo reign surplus lines insurer on the list of eligible surplus
				lines insurers if the insurer
(1) meets the
				requirements of
				AS
				21.34.040(c)(1) or (2); and
(2) provides certification to the
				director that the insurer is authorized to write the kind of insurance in its
				domiciliary jurisdiction that the insurer intends to write in this
				state.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 2 - Division of Insurance › Chapter 25 - Surplus Lines - Unauthorized Insurers › 3 AAC 25.150 - Publication of the list of eligible surplus lines insurers

Current through May 31, 2024
Publication of the list of eligible surplus lines insurers
				  required under
				  AS
				  21.34.050 may be accomplished by placing the
				  most current list on the division's Internet website.
Authority:
AS
					 21.06.090
AS 21.34.050
AS
					 21.34.250
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 2 - Division of Insurance › Chapter 25 - Surplus Lines - Unauthorized Insurers › 3 AAC 25.900 - Definitions

Current through May 31, 2024
In this chapter,
(1) "exempt commercial purchaser" has the
				meaning given in
				AS
				21.34.900;
(2) "home state" has the meaning given in
				AS
				21.34.900.
(3) "surplus lines broker" means
(A) a firm or agency licensed under
				AS
				21.27.790; or
(B) an individual that is
(i) licensed under
				AS
				21.27.790; and
(ii) not employed by a firm or agency
				licensed under
				AS
				21.27.790.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 2 - Division of Insurance › Chapter 26 - Trade Practices › Article 1 - Unfair Claims Settlement Acts or Practices › 3 AAC 26.010 - Purpose

Current through May 31, 2024
(a) The purpose of
				  3 AAC 26.010 -
				  3 AAC 26.300 is to define minimum standards for claim
				  settlement acts and practices.
(b)
				  Violation of a standard is an unfair or deceptive act and is
				  prohibited.
(c) Violation of a
				  standard with such frequency as to indicate a general business practice is an
				  unfair or deceptive practice and is prohibited.
(d) Violation of a standard by a person who
				  knew or should have known an act or practice violated the standard is subject
				  to an additional penalty under
				  AS
				  21.36.910(e).
In 2010 the revisor of statutes, acting under
						AS
						01.05.031, renumbered former
						AS
						21.36.150 as
						AS
						21.36.900, renumbered former
						AS
						21.36.320 as
						AS
						21.36.910, and redesignated former
						AS
						21.36.350 as
						AS
						21.36.125(c). As of Register
						196 (January 2011), the regulations attorney made a conforming technical
						revision under
						AS
						44.62.125(b)(6), to
						3 AAC 26.010(d), so that the
						cross-reference to former
						AS
						21.36.320(e) now refers to
						the renumbered statute,
						AS
						21.36.910(e). In addition,
						the regulations attorney made conforming technical revisions to the authority
						citation that follows
						3 AAC 26.010, so that the citations to former
						AS
						21.36.150 and
						21.36.320 now refer to the
						renumbered statutes,
						AS
						21.36.900 and
						21.36.910. Also, the regulations
						attorney deleted the citation to former
						AS
						21.36.350, to reflect that the authority
						citation already includes a citation to
						AS
						21.36.125, the section where material
						formerly in
						AS
						21.36.350 was
						relocated.
Authority:
AS
						21.06.090
AS 21.36.010
AS 21.36.125
AS 21.36.900
AS
						21.36.910
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 2 - Division of Insurance › Chapter 26 - Trade Practices › Article 1 - Unfair Claims Settlement Acts or Practices › 3 AAC 26.020 - Scope

Current through May 31, 2024
3 AAC 26.010 -
					 3 AAC 26.300 apply to all persons transacting a business
					 of insurance who participate in the investigation, adjustment, negotiation, or
					 settlement of a claim under all types of insurance.
In 2010 the revisor of statutes, acting under
						AS
						01.05.031, redesignated former
						AS
						21.36.350 as
						AS
						21.36.125(c). As of Register
						196 (January 2011), the regulations attorney made a conforming technical
						revision under
						AS
						44.62.125(b)(6), to the
						authority citation that follows
						3 AAC 26.020, deleting the citation to former
						AS
						21.36.350 to reflect that the authority
						citation already includes a citation to
						AS
						21.36.125, the section where material
						formerly in
						AS
						21.36.350 was
						relocated.
Authority:
AS
						21.03.010
AS 21.06.090
AS 21.33.011
AS 21.36.020
AS 21.36.125
AS 21.75.310
AS 21.76.020
AS 21.84.050
AS 21.87.020
AS 21.88.010
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 2 - Division of Insurance › Chapter 26 - Trade Practices › Article 1 - Unfair Claims Settlement Acts or Practices › 3 AAC 26.030 - File and record documentation

Current through May 31, 2024
(a) Any person
				  transacting a business of insurance who participates in the investigation,
				  adjustment, negotiation, or settlement of a claim under any type of insurance
				  must document each action taken on a claim. The documentation must contain all
				  notes, work papers, documents and similar material. The documentation must be
				  in sufficient detail that relevant events, the dates of those events, and all
				  persons participating in those events can be identified. The documentation may
				  include legible copies of originals and may be stored in the form of microfilm
				  or electronic media. The documentation is subject to examination and copying by
				  the director or persons acting on the director's behalf.
(b) A person transacting a business of
				  insurance who participates in the investigation, adjustment, negotiation, or
				  settlement of a claim under any type of insurance shall respond to inquiries
				  from the director related to the claim not later than I 0 days from the date of
				  the director's inquiry. The response must include all documentation withjn the
				  person's possession, custody, or control, or in the possession, custody, or
				  control of other persons or entities acting on behalf of that person in
				  relation to the claim, that is responsive to the director's inquiry.
(c) The director may assess a penalty under
				  AS 2 1.36.910 of not more than $2,500 for each violation or $25,000 for
				  engaging in a general business practice that violates (b) of this
				  section.
In 2010 the revisor of statutes, acting under
						AS
						01.05.031, redesignated former
						AS
						21.36.350 as
						AS
						21.36.125(c). As of Register
						196 (January 2011), the regulations attorney made a conforming technical
						revision under
						AS
						44.62.125(b)(6), to the
						authority citation that follows
						3 AAC 26.030, deleting the citation to former
						AS
						21.36.350 to reflect that the authority
						citation already includes a citation to
						AS
						21.36.125, the section where material
						formerly in
						AS
						21.36.350 was
						relocated.
Authority:
AS
						21.06.090
AS 21.06.120
AS 21.06.130
AS 21.36.090
AS 21.36.125
AS 21.36.410
AS
						21.36.910
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 2 - Division of Insurance › Chapter 26 - Trade Practices › Article 1 - Unfair Claims Settlement Acts or Practices › 3 AAC 26.040 - Required claim communication

Current through May 31, 2024
(a) Any person
				  transacting a business of insurance who participates in the investigation,
				  adjustment, negotiation, or settlement of a first-party claim must:
(1) within 10 working days after receipt of
				  notification of a claim, give written acknowledgement to the first-party
				  claimant identifying the person handling the claim, including the person's
				  name, address, telephone number, the firm name, and the file number; payment of
				  the claim within 10 working days after notification is satisfactory
				  acknowledgement; provision of necessary claim forms, written instructions, and
				  assistance as required in (3) of this subsection is satisfactory
				  acknowledgement; notification of a claim to an agent constitutes notification
				  to the principal;
(2) within 15
				  working days after receipt, make an appropriate reply to all other
				  communications from a first-party claimant which reasonably indicates that a
				  response is expected; receipt of a communication by an agent constitutes
				  receipt by the principal;
(3) upon
				  receipt of notification of a claim, promptly provide necessary claim forms,
				  instructions, and assistance so that the first-party claimant is able to comply
				  with legal, policy, or contract provisions and other reasonable
				  requirements.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 2 - Division of Insurance › Chapter 26 - Trade Practices › Article 1 - Unfair Claims Settlement Acts or Practices › 3 AAC 26.050 - Standards for prompt investigation of claims

Current through May 31, 2024
(a) Any person
				  transacting a business of insurance who participates in the investigation,
				  adjustment, negotiation, or settlement of a claim shall promptly undertake the
				  investigation of a claim after notification of the claim is received, and shall
				  complete the investigation within 30 working days, unless the investigation
				  cannot reasonably be completed using due diligence.
(b) Unless the notification of a claim is in
				  the form of a suit, demand for arbitration, application for adjudication, or
				  other pleading, or the claim becomes the subject of such litigation within 30
				  working days, the person transacting the business of insurance shall give
				  written notification to the claimant that specifically states the need and
				  reasons for additional investigative time and also specifies the additional
				  time required to complete the investigation. That notification shall be given
				  no later than the 30th working day after notification of the claim is first
				  received.
(c) This section does not
				  apply to an insurance claim subject to
				  AS
				  21.36.495 or other health insurance claim for
				  which the insurer complies with
				  AS
				  21.36.495.
In 2010 the revisor of statutes, acting under
						AS
						01.05.031, redesignated former
						AS
						21.36.350 as
						AS
						21.36.125(c). As of Register
						196 (January 2011), the regulations attorney made a conforming technical
						revision under
						AS
						44.62.125(b)(6), to the
						authority citation that follows
						3 AAC 26.050, deleting the citation to former
						AS
						21.36.350 to reflect that the authority
						citation already includes a citation to
						AS
						21.36.125, the section where material
						formerly in
						AS
						21.36.350 was
						relocated.
Authority:
AS
						21.06.090
AS 21.36.125
AS
						21.36.495
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 2 - Division of Insurance › Chapter 26 - Trade Practices › Article 1 - Unfair Claims Settlement Acts or Practices › 3 AAC 26.060 - Disclosure and representation of coverage provisions

Current through May 31, 2024
Any person transacting a business of insurance who
					 participates in the investigation, adjustment, negotiation, or settlement of a
					 claim:
(1) shall fully disclose to a
				  first-party claimant all relevant benefits and other provisions of coverage
				  under which a claim may be covered;
(2) may not deny a claim on the ground that
				  the first-party claimant failed to exhibit the property without written proof
				  of demand and the unwarranted delay or refusal by the first-party claimant to
				  do so;
(3) may not, except where
				  there is a time limit specified in the coverage document, make statements,
				  written or otherwise, requiring a first-party claimant to give written notice
				  of loss, statement of claim, proof of loss, or similar affidavit within a
				  specified time limit;
(4) may not
				  request a first-party claimant to agree to a compromise or enter into a release
				  that extends beyond the subject matter that gives rise to the claim payment;
				  and
(5) may not issue a check,
				  draft, warrant or other claim payment in partial settlement of a loss or claim
				  under a specified coverage, which contains language that releases or
				  compromises the issuer or its principal from any other liability.
In 2010 the revisor of statutes, acting under
						AS
						01.05.031, redesignated former
						AS
						21.36.350 as
						AS
						21.36.125(c). As of Register
						196 (January 2011), the regulations attorney made a conforming technical
						revision under
						AS
						44.62.125(b)(6), to the
						authority citation that follows
						3 AAC 26.060, deleting the citation to former
						AS
						21.36.350 to reflect that the authority
						citation already includes a citation to
						AS
						21.36.125, the section where material
						formerly in
						AS
						21.36.350 was
						relocated.
Authority:
AS
						21.06.090
AS
						21.36.125
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 2 - Division of Insurance › Chapter 26 - Trade Practices › Article 1 - Unfair Claims Settlement Acts or Practices › 3 AAC 26.070 - Standards for prompt, fair, and equitable settlements

Current through May 31, 2024
(a) Any person
				  transacting a business of insurance who participates in the investigation,
				  adjustment, negotiation, or settlement of a first-party claim:
(1) shall advise a first-party claimant in
				  writing of the acceptance or denial of the claim within 15 working days after
				  receipt of a properly executed statement of claim, proof of loss, or other
				  acceptable evidence of loss unless another time limit is specified in the
				  insurance policy, insurance contract, or other coverage document; payment of
				  the claim within this time limit constitutes written acceptance; a written
				  denial of the claim must state the specific provisions, conditions, exclusions,
				  and facts upon which the denial is based; if additional time is needed to
				  determine whether the claim should be accepted or denied, written notification
				  giving the reasons that more time is needed shall be given to the first-party
				  claimant within the deadline. While the investigation remains incomplete,
				  additional written notification shall be provided 45 working days from the
				  initial notification, and no more than every 45 working days thereafter giving
				  the reasons that additional time is necessary to complete the investigation; if
				  there is a reasonable basis supported by specific information for suspecting
				  that a first-party claimant has fraudulently caused or wrongfully contributed
				  to the loss, and the basis is documented in the claim file, this reason need
				  not be included in the written request for additional time to complete the
				  investigation or the written denial; however, within a reasonable time for
				  completion of the investigation and after receipt of a properly executed
				  statement of claim, proof of loss, or other acceptable evidence of loss, the
				  first-party claimant shall be advised in writing of the acceptance or denial of
				  the claim;
(2) shall, within 30
				  working days after receipt of a properly executed statement of claim, proof of
				  loss, or other acceptable evidence of loss, pay those portions of the claim not
				  in dispute;
(3) may not fail to
				  settle first-party claims on the basis that responsibility for payment must be
				  assumed by others, except as may be expressly provided by provisions of the
				  insurance policy, insurance contract, or other coverage document.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 2 - Division of Insurance › Chapter 26 - Trade Practices › Article 1 - Unfair Claims Settlement Acts or Practices › 3 AAC 26.075 - Arbitration

Current through May 31, 2024
An insurer may include an arbitration provision in an
					 insurance contract subject to the following:
(1) the insurer and the insured must agree to
				  the arbitration provision;
(2) the
				  arbitration provision must describe the manner for
(A) initiating the arbitration process; and
(B) appointing the arbitrator; the
				  descriptions required in (A) of this paragraph and this subparagraph may be
				  accomplished by reference to a specific arbitration entity or arbitration
				  rules;
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 2 - Division of Insurance › Chapter 26 - Trade Practices › Article 1 - Unfair Claims Settlement Acts or Practices › 3 AAC 26.090 - Additional standards for prompt, fair, and equitable settlements of property claims

Current through May 31, 2024
(a) A person transacting a business of
				  insurance who participates in the investigation, adjustment, negotiation, or
				  settlement of a first-party or third-party property claim shall
(1) apply one of the following settlement
				  methods if coverage provides for the adjustment of a claimant's property loss
				  on the basis of actual cash value or replacement with other property of like
				  kind and quality;
(A) offer specific
				  comparable and available replacement property with all applicable taxes,
				  charges, and other fees incident to the transfer of ownership of the property
				  at no cost to the claimant other than the deductible amount, if any, as stated
				  in the coverage; the offer of replacement property must be in writing if
				  rejected by the claimant.
(B) make
				  a cash settlement based upon the actual cost of comparable property, including
				  all applicable taxes, charges and other fees incident to transfer of ownership,
				  less the deductible amount, if any, as stated in the coverage; the cost shall
				  be determined by
(i) the cost of comparable
				  property in the local market area to the claimant, if comparable property is
				  available in that area or was available during the last 90 days; or
(ii) the average of two or more cost
				  quotations obtained for comparable property from two or more licensed dealers,
				  suppliersl or contractors located within the local market area, if comparable
				  property is not available in that area;
(iii) repealed 6/6/2015;
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 2 - Division of Insurance › Chapter 26 - Trade Practices › Article 1 - Unfair Claims Settlement Acts or Practices › 3 AAC 26.100 - Additional standards for prompt, fair, and equitable settlements of workers' compensation claims

Current through May 31, 2024
Any person transacting a business of insurance who
					 participates in the investigation, adjustment, negotiation, or settlement of a
					 workers' compensation claim:
(1) may
				  not require a claimant to travel unreasonably for medical care, rehabilitation
				  services, or any other purpose;
(2)
				  shall provide necessary claim forms, written instructions, and assistance that
				  is reasonable so that any claimant not represented by an attorney is able to
				  comply with the law and reasonable claims handling requirements;
(3) shall promptly make all payments or
				  denials of payments as required by statute or regulation.
In 2010 the revisor of statutes, acting under
						AS
						01.05.031, redesignated former
						AS
						21.36.350 as
						AS
						21.36.125(c). As of Register
						196 (January 2011), the regulations attorney made a conforming technical
						revision under
						AS
						44.62.125(b)(6), to the
						authority citation that follows
						3 AAC 26.100, deleting the citation to former
						AS
						21.36.350 to reflect that the authority
						citation already includes a citation to
						AS
						21.36.125, the section where material
						formerly in
						AS
						21.36.350 was
						relocated.
Authority:
AS
						21.06.090
AS
						21.36.125
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 2 - Division of Insurance › Chapter 26 - Trade Practices › Article 1 - Unfair Claims Settlement Acts or Practices › 3 AAC 26.110 - Additional standards for prompt, fair, and equitable settlements of health claims

Current through May 31, 2024
(a) A person who
				  provides coverage in this state for health care services or supplies on an
				  expense incurred basis for which benefits are based on an amount that is less
				  than the actual amount billed for the health care services or supplies shall
(1) for a vaccine covered by an insurance
				  policy that is an included vaccine and purchased by a provider instead of
				  obtained from the state under the statewide immunization program established
				  under AS
				  18.09.200, determine the final payment for
				  the covered vaccine at an amount equal to or greater than the cost of the
				  state-purchased vaccine under the statewide immunization program; in this
				  paragraph, "included vaccine" has the meaning given in
				  AS
				  18.09.990;
(2) provide an explanation of the basis of
				  payments in clear and simple terms with any claim payment and document the
				  provided explanation in the claim file; and
(3) provide an explanation of the basis of
				  payments in the health insurance policy, including any payments for which a
				  covered individual may be responsible, and include on any schedule or summary
				  of benefits page accompanying the policy a statement regarding whether the
				  covered individual is responsible for any amount billed for a health care
				  service or supply item that exceeds the final payment.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 2 - Division of Insurance › Chapter 26 - Trade Practices › Article 2 - Unfair Discrimination › 3 AAC 26.410 - Unfair discrimination; blindness or partial blindness

Current through May 31, 2024
(a) The following
				  acts constitute unfair discrimination between individuals of the same class
				  when based solely on blindness or partial blindness:
(1) refusing to insure;
(2) refusing to continue to insure;
(3) limiting the amount, extent, or kind of
				  insurance coverage available; or
(4) charging an individual a different rate
				  for the same coverage.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 2 - Division of Insurance › Chapter 26 - Trade Practices › Article 3 - Military Sales Practices › 3 AAC 26.430 - Applicability

Current through May 31, 2024
(a) The provisions of
				  3 AAC 26.430 -
				  3 AAC 26.449 apply to a solicitation or sale of a life
				  insurance or annuity product by an insurer or insurance producer to an active
				  duty service member of the United States armed forces, except for a
				  solicitation or sale involving
(1) consumer
				  credit insurance; in this paragraph, "consumer credit insurance" has the
				  meaning given in
				  AS
				  21.57.160;
(2) a group life insurance policy or group
				  annuity contract
(A) in which in-person,
				  face-to-face solicitation of individuals by an insurance producer does not take
				  place; or
(B) if the contract or
				  certificate does not include a side fund;
(3) an application to an insurer that issued
				  an existing life insurance policy or annuity contract to
(A) exercise a contractual change or
				  conversion privilege;
(B) replace
				  the existing policy or contract by the same insurer under a program filed with
				  and approved by the director; or
(C) exercise a term conversion privilege
				  among corporate affiliates;
(4) an individual stand-alone health
				  insurance policy, including a disability income policy;
(5) a contract offered by Servicemembers'
				  Group Life Insurance or Veterans' Group Life Insurance, as authorized by
				  38 U.S.C.
				  1965 -
				  1980 A;
(6) a life insurance contract offered through
				  or by a nonprofit military association qualifying under
				  26 U.S.C.
				  501(c)(23) (Internal Revenue
				  Code) and that is not underwritten by an insurer; or
(7) a life insurance policy or annuity
				  contract that is used to fund
(A) an employee
				  pension or welfare benefit plan covered under
				  29 U.S.C.
				  1001 -
				  1461 (Employee Retirement Income
				  Security Act of 1974);
(B) a plan
				  described in 26 U.S.C.
				  401(a) or (k),
				  26. U.S.C. 403(b), or
				  26 U.S.C.
				  408(k) or (p) (Internal
				  Revenue Code), if the plan is established or maintained by an
				  employer;
(C) a governmental or
				  church plan defined in 26
				  U.S.C. 414 (Internal Revenue Code), including
				  a governmental or church welfare benefit plan;
(D) a deferred compensation plan of a state
				  or local government or tax exempt organization under
				  26 U.S.C.
				  457 (Internal Revenue Code);
(E) a nonqualified deferred compensation
				  arrangement under 26 U.S.C.
				  409 A (Internal Revenue Code) established or
				  maintained by an employer or plan sponsor;
(F) a settlement of or assumption of
				  liabilities associated with personal injury litigation or a dispute or claim
				  resolution process; or
(G) a formal
				  prepaid funeral contract.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 2 - Division of Insurance › Chapter 26 - Trade Practices › Article 3 - Military Sales Practices › 3 AAC 26.435 - Unfair or deceptive acts or practices on a military installation

Current through May 31, 2024
An insurer or insurance producer engages in an unfair or
					 deceptive act or practice if the insurer or insurance producer conducts on a
					 military installation an in-person, face-to-face solicitation of life insurance
					 for which the insurer or insurance producer
(1) knowingly solicits the purchase of a life
				  insurance product door-to-door, or does not establish a specific appointment
				  before each meeting with a prospective purchaser;
(2) solicits service members in a required
				  group gathering;
(3) knowingly
				  makes appointments with or solicits service members during the members'
				  normally scheduled duty hours;
(4)
				  makes appointments with or solicits service members in barracks, day rooms,
				  unit areas, transient personnel housing, or other areas where the installation
				  commander has prohibited solicitation;
(5) solicits the sale of life insurance
				  without first obtaining permission from the installation commander or the
				  commander's designee;
(6) posts
				  unauthorized bulletins, notices, or advertisements;
(7) fails to present DD Form 2885,
Personal Commercial Solicitation Evaluation
, to solicited
				  service members or encourages solicited service members not to complete or
				  submit DD Form 2885;
(8) knowingly
				  accepts an application for life insurance or issues a policy of life insurance
				  on the life of an enlisted member of the United States armed forces without
				  first obtaining and retaining in the insurer's or insurance producer's files a
				  completed copy of any form required by regulations, directives, or rules of the
				  United States Department of Defense or a branch of the United States armed
				  forces that confirms that the applicant has received counseling or fulfilled
				  any other similar requirement for the sale of life insurance;
(9) uses United States Department of Defense
				  personnel to act as representatives or agents in an official or business
				  capacity with respect to the solicitation or sale of life insurance to service
				  members; or
(10) participates in a
				  United States armed forces-sponsored education or orientation
				  program.
In 2010 the revisor of statutes, acting under
						AS
						01.05.031, renumbered former
						AS
						21.36.150 as
						AS
						21.36.900. As of Register 196 (January 2011),
						the regulations attorney made a conforming technical revision under
						AS
						44.62.125(b)(6), to the
						authority citation that follows
						3 AAC 26.435, so that the citation to former
						AS
						21.36.150 now refers to the renumbered
						statute, AS
						21.36.900.
Authority:
AS
						21.06.090
AS 21.36.020
AS 21.36.030
AS 21.36.040
AS 21.36.050
AS
						21.36.900
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 2 - Division of Insurance › Chapter 26 - Trade Practices › Article 3 - Military Sales Practices › 3 AAC 26.440 - Unfair or deceptive acts or practices regardless of location

Current through May 31, 2024
An insurer or insurance producer engages in an unfair or
					 deceptive act or practice if the insurer or insurance producer
(1) submits, processes, or assists in the
				  submission or processing of an allotment form or similar device used by the
				  United States armed forces in order to direct a service member's pay to a third
				  party for the purchase of life insurance, including using or assisting in using
				  a service member's MyPay account or other similar Internet or electronic medium
				  for those purposes, except for assisting a service member by providing insurer
				  or premium information necessary to complete an allotment form;
(2) knowingly receives money from a service
				  member for the payment of premium from a depository institution with which the
				  service member does not have a formal banking relationship; for purposes of
				  this paragraph, a formal banking relationship is established when the
				  depository institution
(A) provides the
				  service member a deposit agreement and periodic statements and makes the
				  disclosures required by 12
				  U.S.C. 4301 -
				  4313 (Truth in Savings Act);
				  and
(B) permits the service member
				  to make deposits and withdrawals unrelated to the payment or processing of
				  insurance premiums;
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 2 - Division of Insurance › Chapter 26 - Trade Practices › Article 3 - Military Sales Practices › 3 AAC 26.449 - Definitions

Current through May 31, 2024
In
					 3 AAC 26.430 -
					 3 AAC 26.449, unless the context requires
					 otherwise,
(1) "active duty" means
				  full-time duty in the active military service of the United States and includes
				  members of the reserve component while serving under published orders for
				  active duty or full-time training; "active duty" does not include members of
				  the reserve component who are performing active duty or active duty for
				  training under military calls or orders specifying periods of fewer than 31
				  calendar days;
(2) "United States
				  Department of Defense personnel" means all active duty service members and all
				  civilian employees, including non-appropriated fund employees and special
				  government employees, of the United States Department of Defense;
(3) "door-to-door" means a solicitation or
				  sales method in which an insurer or insurance producer proceeds randomly or
				  selectively from household to household without a prior specific
				  appointment;
(4) "general
				  advertisement" means an advertisement having as its sole purpose the promotion
				  of the reader's or viewer's interest in the concept of insurance, or the
				  promotion of the insurer or insurance producer;
(5) "known" or "knowingly" means that the
				  insurer or insurance producer had actual awareness, or in the exercise of
				  ordinary care should have been aware at the time of the act or practice that
				  the person solicited was
(A) a service
				  member; or
(B) a service member in
				  a pay grade of E-4 or below;
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 2 - Division of Insurance › Chapter 26 - Trade Practices › Article 4 - Coverage for Attorney Fees Taxable as Costs Against an Insured According to Alaska Rule of Civil Procedure 82 › 3 AAC 26.500 - Minimum standards

Current through May 31, 2024
Minimum acceptable standards for limitation of coverage for
					 attorney fees taxable against an insured under Alaska Rule of Civil Procedure
					 82 and disclosure are established under
					 3 AAC 26.510 - 3 AAC 26.559 for all policies written on
					 risks in this state or relative to a subject resident, located or to be
					 performed in this state.
Authority:
AS
						21.06.090
AS
						21.36.900
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 2 - Division of Insurance › Chapter 26 - Trade Practices › Article 4 - Coverage for Attorney Fees Taxable as Costs Against an Insured According to Alaska Rule of Civil Procedure 82 › 3 AAC 26.510 - Policy with a right or duty to defend

Current through May 31, 2024
A policy under which an insurer has a right or duty to
					 provide a defense for an insured for liability for which the policy provides
					 coycraee must provide coverage for the payment of attorney fees taxable as
					 costs against the insured under Alaska Rule of Civil Procedure 82,
(1) except as provided in 3 AAC 26.525 and 3 AAC 26.535; and
(2) subject to the
				  following minimum limits:
(A) as an additional
				  amount of coverage, a policy that provides a defense in addition to an
				  aplicable limit of liability must provide for payment of attorney fees awarded
				  as costs against an insured under Alaska Rule of Civil Procedure 82 that is not
				  less than the amount calculated by applying the schedule for contested cases in
				  Alaska Rule of Civil Procedure 82(b)(1) to the limit of liability of the
				  applicable coverage;
(B) as an
				  additional amount of coverage, a policy that provides a defense within an
				  applicable limit of liability less than $1,000,000 must provide for payment of
				  attorney fees awarded as costs against an insured under Alaska Rule of Civil
				  Procedure 82 that is not less than the greater of
(i) the amount calculated by applying the
				  schedule for contested cases in Alaska Rule of Civil Procedure 82(b)(1) to the
				  limit of liability of the applicable coverage; or
(ii) $10,000;
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 2 - Division of Insurance › Chapter 26 - Trade Practices › Article 4 - Coverage for Attorney Fees Taxable as Costs Against an Insured According to Alaska Rule of Civil Procedure 82 › 3 AAC 26.520 - Indemnity policy with a defense cost obligation

Current through May 31, 2024
(a) A policy under
				  which an insurer has neither a right nor a duty to provide a defense but agrees
				  to indemnify an insured for the costs of defense for liability for which the
				  policy also provides coverage must provide coverage to indemnify an insured for
				  the payment of attorney fees taxed as costs against the insured under Alaska
				  Rule of Civil Procedure 82,
(1) except as
				  provided in 3 AAC 26.525 and 3 AAC 26.535; and
(2) subject to the following minimum limits:
(A) as an additional amount of coverage, a
				  policy that indemnifies an insured for the costs of defense in addition to an
				  applicable limit of liability must provide for payment of attorney fees awarded
				  as costs against an insured under Alaska Rule of Civil Procedure 82 that is not
				  less than the amount calculated by applying the schedule for contested cases in
				  Alaska Rule of Civil Procedure 82(b)(1) to the limit of liability of the
				  applicable coverage;
(B) as an
				  additional amount of coverage, a policy that indemnifies an insured for the
				  costs of defense within an applicable limit of liability less than $1,000,000
				  must provide for payment of attorney fees awarded as costs against an insured
				  under Alaska Rule of Civil Procedure 82 t)iat is not less than the greater of,
(i) an amount calculated by applying the
				  schedule for contested cases in Alaska Rule of Civil Procedure 82(b)(1) to the
				  limit of liability of the applicable coverage; or
(ii) $10,000;
(C) a policy that indemnifies an insured for
				  the costs of defense within an appHcable limit of liability of $1,000,000 or
				  more may include within its applicable limit of liability coverage for attorney
				  fees awarded as costs against an insured under Alaska Rule of Civil Procedure
				  82.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 2 - Division of Insurance › Chapter 26 - Trade Practices › Article 4 - Coverage for Attorney Fees Taxable as Costs Against an Insured According to Alaska Rule of Civil Procedure 82 › 3 AAC 26.525 - Defense-only coverage

Current through May 31, 2024
A policy providing defense-only coverage is not required to
					 provide coverage for the payment of attorney fees awarded as costs against an
					 insured under Alaska Rule of Civil Procedure 82.
Authority:
AS
						21.06.090
AS
						21.36.900
AS
						21.42.120
AS
						21.42.130
AS
						21.42.160
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 2 - Division of Insurance › Chapter 26 - Trade Practices › Article 4 - Coverage for Attorney Fees Taxable as Costs Against an Insured According to Alaska Rule of Civil Procedure 82 › 3 AAC 26.535 - Cost sharing provisions

Current through May 31, 2024
(a) A cost-sharing
				  provision that affects the amount of coverage for defense costs may be extended
				  to apply specifically to coverage for attorney fees awarded as costs against an
				  insured under Alaska Rule of Civil Procedure 82. A cost-sharing provision may
				  not apply specifically to coverage for attorney fees awarded as costs against
				  an insured under Alaska Rule of Civil Procedure 82 unless the application is at
				  least as favorable with respect to that coverage as it is with respect to
				  defense costs coverage in general.
(b) For purposes of this section,
(1) a cost-sharing provision is
(A) a policy provision relating to a
				  deductible;
(B) a policy provision
				  relating to policyholder retention;
(C) a policy provision relating to a
				  policyholder loss reimbursement obligation; or
(D) another policy provision for the sharing
				  of costs between the policyholder and insurer;