Section 21.27.360. Reporting and accounting for premiums and premium taxes and fees.

   (a) A licensee involved in the procuring or issuance of an insurance contract shall report to the insurer the exact amount of consideration charged as a premium for the contract.  The amount charged shall be shown in the contract and in the records of the licensee.
   (b) Except as provided under (h) of this section, all money, except that made payable to the insurer, representing premium taxes and fees, premiums, or return premiums received by the licensee shall be received by the licensee as a fiduciary and shall be promptly accounted for and paid to the person entitled to the money. Money held by the licensee as a fiduciary may not be commingled or otherwise combined with other money not held by the licensee as a fiduciary.
   (c) In addition to any other penalty provided by law, a person who the director has determined has acted to divert or appropriate money held as a fiduciary for personal use shall be ordered to make restitution and shall be subject to suspension or revocation under AS 21.27.420 - 21.27.430 of all licenses and a civil penalty not to exceed $50,000 for each violation.
   (d) A licensee may only commingle premium taxes and fees, premiums, and return premiums with additional money for the purpose of advancing premiums, establishing reserves for the payment of return premiums, or reserves for receiving and transmitting premium or return premium money.
   (e) Money held by a licensee as a fiduciary may not be treated as a personal asset, as collateral for a personal or business loan, or as a personal asset or income on a financial statement, except that money held by the licensee as a fiduciary may be included in a financial statement of the licensee if clearly identified as assets held by the licensee as a fiduciary.
   (f) This section does not apply to an individual licensee who has entered into an employment contract with a firm and who acts solely on behalf of a firm that maintains compliance with this section.
   (g)   [Repealed, Sec. 223 ch 67 SLA 1992]. 
   (h) A licensee who transacts the business of insurance under a motor vehicle rental agency limited producer license under AS 21.27.150(a)(4) is not required to hold money collected from a person for the purchase of rental motor vehicle insurance coverage in a separate fiduciary account if
        (1) the fees for the rental insurance coverage are itemized and are a part of a rental motor vehicle transaction; and
        (2) the insurer has given written consent that the money need not be segregated from other money received by the licensee and the consent is signed by an officer of the insurer.
   (i) The director of insurance may adopt regulations to implement, define, and enforce this section.

Authorities

21.27.270

Notes

Implemented As

3 AAC 23.500
3 AAC 23.520
3 AAC 23.560
3 AAC 23.570
3 AAC 23.580
3 AAC 23.590
3 AAC 23.600
3 AAC 23.620
3 AAC 23.630
3 AAC 23.640
3 AAC 23.650
3 AAC 23.680
3 AAC 23.690
3 AAC 23.700
3 AAC 23.720
3 AAC 23.770
3 AAC 23.780
3 AAC 23.800
3 AAC 23.810
3 AAC 23.850

References

3 AAC 23.550
3 AAC 23.620
3 AAC 23.630
3 AAC 23.640
3 AAC 23.650
3 AAC 23.690
3 AAC 23.700
3 AAC 23.720
3 AAC 23.800
3 AAC 30.030
AS 21.27.270 Licensing of nonresidents.

History

(Sec. 1 ch 120 SLA 1966; am Sec. 5, 6 ch 149 SLA 1984; am Sec. 21, 22 ch 29 SLA 1987; am Sec. 36, 37 ch 51 SLA 1990; am Sec. 78 - 82, 223 ch 67 SLA 1992; am Sec. 42 ch 62 SLA 1995; am Sec. 1, 2 ch 77 SLA 2001; am Sec. 34 - 39 ch 81 SLA 2001; am Sec. 22 ch 96 SLA 2004; am Sec. 43 ch 23 SLA 2011)