The legislature declares that insurance transactions with nonadmitted insurers are so affected with a public interest as to require regulation, taxation, supervision, and control of the transactions and matters relating to nonadmitted insurance. The purpose of this chapter includes (1) protection of persons seeking insurance in this state; (2) permission for surplus lines insurance to […]
(a) Insurance other than reinsurance, wet marine and transportation insurance, insurance independently procured, life insurance, health insurance except as provided in AS 21.34.035, and annuity contracts may be procured through a surplus lines broker licensed under AS 21.27 from nonadmitted insurers if (1) the insurer is an eligible surplus lines insurer; (2) the full amount, […]
Subscription policies or joint underwriting of insurance other than reinsurance, wet marine and transportation insurance, insurance independently procured, life insurance, health insurance, and annuity contracts by a combination of authorized insurers and nonadmitted insurers is a surplus lines insurance placement in its entirety, is subject to this chapter, is not subject to AS 21.39, AS […]
(a) Workers’ compensation insurance may be placed in and written by a nonadmitted insurer if (1) the director considers it in the best interest of the public and issues an order to that effect; (2) the insurance is written in accordance with this chapter; and (3) all conditions established for writing workers’ compensation insurance in […]
(a) Except for a multiple employer welfare arrangement, health care insurance may be placed in and written by a nonadmitted insurer if (1) the director finds it is in the best interest of the public and issues an order to that effect; and (2) the insurance is in compliance with this chapter. (b) The rates […]
(a) Coverage may be placed in a nonadmitted insurer by a surplus lines broker only if (1) at the time of placement, the nonadmitted insurer meets all the requirements of this section; and (2) the surplus lines broker is licensed under AS 21.27. (b) The nonadmitted insurer must establish satisfactory evidence of good repute and […]
(a) In addition to meeting the requirements of AS 21.34.040, a nonadmitted insurer shall be considered an eligible surplus lines insurer if it appears on the most recent list of eligible surplus lines insurers published by the director. The list is to be published at least semiannually by (1) posting the list on the division’s […]
Only that portion of a risk eligible for export for which the full amount of coverage is not procurable from eligible surplus lines insurers may be placed with another nonadmitted insurer that does not appear on the list of eligible surplus lines insurers published under AS 21.34.050 but nonetheless meets the requirements of AS 21.34.040 […]
(a) If after a review of a nonadmitted insurer and consideration of factors including quality of management, capital and surplus of a parent company, underwriting profit, investment income trends, trade practices, reserving practices, company record, and reputation within the industry, the director finds the insurer to be unacceptable, the director may declare the nonadmitted insurer […]
(a) A surplus lines broker shall execute and file with the report required by AS 21.34.170 a written report, which shall be kept confidential, regarding each surplus lines insurance transaction occurring in the preceding period. The report must include (1) the name and address of the insured; (2) the identity of each insurer including the […]
(a) A surplus lines association of surplus lines brokers may be formed to (1) facilitate and encourage compliance by its members with the laws of this state and the regulations relative to surplus lines insurance; (2) attend National Association of Insurance Commissioners meetings and participate in task forces and work groups; (3) communicate with organizations […]
(a) When surplus lines insurance is placed, the surplus lines broker shall promptly deliver to the named insured or the producing broker the policy or, if the policy is not then available, a cover note, binder, or other evidence of insurance. The cover note, binder, or other evidence of insurance for the named insured shall […]
(a) A contract of insurance placed by a surplus lines broker under this chapter is not binding upon the insured and a premium charged is not due and payable until (1) the surplus lines broker has notified the insured in writing, a copy of which shall be maintained by the surplus lines broker with the […]
Insurance contracts procured under this chapter shall be valid and enforceable as to all parties.
A payment of premium to a surplus lines broker acting for a person other than itself in negotiating, continuing, or reviewing a policy of insurance under this chapter, is considered to be payment to the insurer, notwithstanding conditions or stipulations in the policy or contract to the contrary.
A surplus lines broker licensed by this state may originate surplus lines insurance or accept surplus lines insurance from another surplus lines broker licensed by this state or a producing broker licensed by this state as to the kind and class of insurance involved. The surplus lines broker may compensate the producing broker or surplus […]
(a) A surplus lines broker shall file with the director, on forms prescribed by the director, a report of all surplus lines insurance, by type of insurance as required to be reported in the annual statement that must be filed with the director by admitted insurers. The report must include all surplus lines insurance transactions […]
(a) In addition to collecting the full amount of gross premiums written by an insurer for surplus lines insurance, the surplus lines broker shall collect and pay to the director a tax of 2.7 percent on the net premium, which is the total gross premiums written, less any return premiums, for the insurance. Where the […]
(a) The fee for filing the statement under AS 21.34.180(e) is an amount equal to one percent on gross premium charged less any return premiums as reported on the statement. The surplus lines broker shall pay the fee at the time of filing of the statement. (b) If the filing fee is not paid when […]
(a) If the tax collectible under AS 21.34.180 or the fee collectible under AS 21.34.190 by a surplus lines broker is not paid within the time prescribed, the tax, fee, or both, and late payment fees, along with appropriate penalties, may be collected by distraint or by an action in court, against the surplus lines […]
