Section 21.18.010. Allowable assets.

In a determination of the financial condition of an insurer, the following assets are allowed:
        (1) assets that are wholly and exclusively owned by the insurer and that are registered, recorded, or held under the insurer's name;
        (2) premiums, not more than three months past due, excluding commissions payable on them, due from a controlling or controlled person, to the extent that
             (A) the premiums collected by the controlling or controlled person and not remitted to the insurer are held in a trust account with a bank or other depository approved by the division and may not be commingled with other money of the controlling or controlled person; a disbursement from the trust account may be made only to the insurer, the insured, or, for the purpose of returning a premium, an entity that is entitled to returned premiums on behalf of the insured; however, the investment income derived from the trust may be allocated as the parties consider proper; a controlling or controlled person shall deposit premiums collected into the trust account within five working days after collection; the director shall disapprove a trust agreement that, in the director's judgment, does not assure the safety of the premiums collected;
             (B) the controlling or controlled person has provided to the insurer, and the insurer has maintained in its possession, an unexpired, clean, irrevocable, and unconditional letter of credit, payable to the insurer, for a term of not less than one year with automatic extension for one year, unless the beneficiary has received in writing notification of intention not to renew 30 days before the original expiration date; the letter of credit must be issued in conformity with the requirements set out in this subparagraph, and the amount of the letter of credit must equal or exceed the liability of the controlling or controlled person to the insurer, at all times during the period that the letter of credit is in effect, for premiums collected by the controlling or controlled person; a letter of credit must be issued under arrangements satisfactory to the division and the letter must be issued by a banking institution that is a member of the Federal Reserve System and that has a financial standing satisfactory to the department; the director shall disapprove a letter of credit that, in the director's judgment, does not assure the safety of the premiums;
             (C) the controlling or controlled person has provided to the insurer, and the insurer has maintained in its possession, evidence that the controlling or controlled person has purchased and has currently in effect a financial guaranty bond, payable to the insurer, issued for a continuous term, cancelable only on 30-day written notice to the beneficiary of intention to terminate with the bond continuing in effect for acts committed before the date of termination, and that is in conformity with the requirements set out in (B) of this paragraph; the amount of the bond must equal or exceed the liability of the controlling or controlled person to the insurer, at all times during which the financial guaranty bond is in effect, for the premium collected by the controlling or controlled person; a financial guaranty bond must be issued under an arrangement satisfactory to the division, by an insurer that is authorized to transact business in the state, that has financial standing satisfactory to the division, and that is neither controlled nor controlling in relation to either the insurer or the person for whom the bond is purchased; and
             (D) a financial examination indicates that the controlling or controlled person is solvent and has the ability to pay the premiums as they become due; the financial examination, as scheduled by the director, shall be based on a review of the books and records of the controlling or controlled person;
        (3) other assets considered by the director to be available for the payment of losses and claims, at values to be determined by the director, with any excess valuation reported as nonadmitted; and
        (4) other assets that do not exceed limitations as given in AS 21.21; any excess shall be reported as nonadmitted assets.

Authorities

21.18.030;21.18.900;21.72.170;21.85.100;21.87.340

Notes

Implemented As

3 AAC 21.206
3 AAC 21.211
3 AAC 21.213
3 AAC 21.216
3 AAC 21.221
3 AAC 21.231
3 AAC 21.236
3 AAC 21.241
3 AAC 21.246
3 AAC 21.251
3 AAC 21.256
3 AAC 21.261
3 AAC 21.266
3 AAC 21.271
3 AAC 21.276
3 AAC 21.281
3 AAC 21.286
3 AAC 21.320
3 AAC 21.325
3 AAC 21.330
3 AAC 21.335
3 AAC 21.340
3 AAC 21.345
3 AAC 21.350
3 AAC 21.355
3 AAC 21.360
3 AAC 21.365
3 AAC 21.370
3 AAC 21.375
3 AAC 21.395
3 AAC 21.399

References

3 AAC 21.399
AS 21.18.030 Assets not allowed.
AS 21.18.900 Definitions.
AS 21.72.170 Other provisions applicable.
AS 21.85.100 Applicability of other provisions.
AS 21.87.340 Other provisions applicable.

History

(Sec. 1 ch 120 SLA 1966; am Sec. 22 ch 50 SLA 1990; am Sec. 4 ch 72 SLA 2000)