Section 21.09.070. Capital funds required of foreign insurers and new domestic insurers.

   (a) To qualify for authority to transact any one kind of insurance as defined in AS 21.12, or combination of kinds of insurance as shown below, a foreign insurer, or a domestic insurer applying for its original certificate of authority in this state, after having withdrawn from this state for any cause, shall possess and after that maintain unimpaired basic paid-in capital stock if a stock insurer, or unimpaired basic surplus if a foreign mutual insurer or foreign reciprocal insurer, that is unavailable for dividends of any kind, and shall possess when first so authorized, and maintain after that, additional money in surplus, as follows:
                                                                
                            Basic Capital    Additional                
                               or Basic       Surplus      Additional  
Kind or Kinds                 Guarantee      When First    Maintained  
of Insurance                   Surplus       Authorized      Surplus   
Life                           $1,000,000   $1,000,000     $750,000    
Health                          1,000,000    1,000,000      750,000    
Life and Health                 1,250,000    1,250,000    1,000,000    
Property                        1,000,000    1,000,000      750,000    
Casualty excluding                                                     
vehicle                         1,000,000    1,000,000      750,000    
Vehicle                         1,000,000    1,000,000      750,000    
Marine &                                                               
transportation                  1,000,000    1,000,000      750,000    
Surety                          1,000,000    1,000,000      750,000    
Title                             500,000      500,000      250,000    
Any three or more of                                                   
the following kinds of                                                 
insurance: property, marine                                            
and transportation,                                                    
vehicle, casualty                                                      
excluding vehicle,                                                     
surety, and health              3,000,000    3,000,000    2,250,000    
Legal expenses                  1,000,000    1,000,000      750,000    
Mortgage Guarantee              1,000,000    1,000,000      750,000    
   (b) Capital and surplus requirements are based upon all the kinds of insurance transacted by the insurer in all areas in which it operates or proposes to operate, whether or not only a portion of the kinds of insurance are to be transacted in this state.  After a hearing, the director may for the protection of the public require an insurer to maintain funds in excess of the amounts required under (a) of this section, due to the amount, kind, or combination of kinds of insurance transacted by the insurer.  Failure of an insurer to maintain funds as ordered by the director is grounds for suspension or revocation of the insurer's certificate of authority.
   (c) After January 1, 1992, an insurer may not renew and continue its certificate of authority unless the insurer possesses at least the basic capital or basic surplus, and additional surplus required under this section.
   (d) As to surplus required for qualification to transact one or more kinds of insurance and thereafter to be maintained, domestic mutual insurers formed after July 1, 1966, are governed by AS 21.69 and domestic reciprocal insurers formed after July 1, 1966, are governed by AS 21.75.
   (e) A life insurer may also grant annuities without additional capital or additional surplus.
   (f) On or after January 1, 1991, a domestic property or casualty insurer may assume reinsurance, either new or renewal, (1) only of the kinds of risks, and to retain risks, within the limits it is otherwise authorized to insure; and (2) only if, in the absence of prior written approval from the director, it maintains, notwithstanding (a) of this section, in policyholder surplus at least $10,000,000 as of December 31, 1990, $15,000,000 as of December 31, 1991, and $20,000,000 as of December 31, 1992.  This subsection does not apply to reinsurance that is required to be assumed by applicable law or regulation or is assumed under an intracompany pooling arrangement between affiliated insurers.
   (g) Notwithstanding (a) of this section and AS 21.09.080(a), a domestic insurer admitted in this state before May 16, 1990, and that has not had an ownership change after May 15, 1990, shall maintain capital and surplus of at least $4,000,000 as of January 1, 1992; $4,250,000 as of January 1, 1993; $4,500,000 as of January 1, 1994; $4,750,000 as of January 1, 1995; $5,000,000 as of January 1, 1996; and $5,250,000 as of January 1, 1997, if the domestic insurer
        (1) is not affiliated with any other insurer or group of insurers;
        (2) has capital and surplus of less than $5,250,000 on December 31, 1991;
        (3) transacts any three or more of the following kinds of insurance: property, marine and transportation, vehicle; casualty, excluding vehicle; surety; and health; and
        (4) has obtained the prior written approval of the director.

Authorities

21.09.080;21.09.310;21.66.010;21.97.900

Notes

References

AS 21.09.080 Capital funds required of old domestic insurers.
AS 21.09.310 Authorization of United States branches of alien insurers and general requirements.
AS 21.66.010 Paid in capital and reserves.
AS 21.97.900 Definitions for title.

History

(Sec. 1 ch 120 SLA 1966; am Sec. 2 ch 206 SLA 1976; am Sec. 1 ch 5 SLA 1985; am Sec. 10 - 13 ch 50 SLA 1990; am Sec. 20 ch 21 SLA 1991; am Sec. 1 ch 80 SLA 1991; am Sec. 4, 5 ch 56 SLA 1996)