Section 21.33.037. Acting for or aiding nonadmitted insurers prohibited.

   (a) A person may not directly or indirectly act as agent for, or otherwise represent, assist, or aid on behalf of another, a nonadmitted insurer in the transaction of insurance in this state.
   (b) This section does not apply to
        (1) matters authorized to be done by the director;
        (2) surplus lines insurance effected and written under AS 21.34;
        (3) transactions for which a certificate of authority is not required under this title;
        (4) reinsurance;
        (5) the property and operations of railroads or aircraft primarily engaged in interstate or foreign commerce and wet marine and transportation insurance;
        (6) life insurance, health insurance, and annuity contracts when solicited solely by mail or when not solicited, negotiated, or procured in this state;
        (7) transactions subsequent to issuance of a policy not covering a subject resident, located, or to be performed in this state at time of issuance and lawfully solicited, written, or delivered outside this state.
   (c) In addition to other penalties under this title, a person who represents or aids a nonadmitted insurer in violation of this chapter is subject to the penalties provided in AS 21.33.065. This chapter does not preclude the insured from enforcing, under the terms and provisions of the contract and the laws of this state, the insured's rights under a contract entered into in violation of this chapter.
   (d) If the nonadmitted insurer fails to pay a claim or loss within the provisions of the insurance contract, a person who assisted or in any manner aided directly or indirectly in the procurement of the insurance contract, shall be liable to the insured for the full amount under the provisions of the insurance contract.

Authorities

21.33.061;21.33.065

Notes

References

AS 21.33.061 Independently procured insurance; premium tax.
AS 21.33.065 Penalties.

History

(Sec. 10 ch 117 SLA 1984; am Sec. 102, 103 ch 67 SLA 1992; am Sec. 21 ch 56 SLA 1996; am Sec. 27 ch 38 SLA 2002)