Section 21.34.040. Eligible surplus lines insurers required.

   (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 financial integrity to be eligible.
   (c) A nonadmitted insurer may be eligible to provide coverage in this state if it qualifies under one of the following:
        (1) a foreign but nonalien stock insurer may qualify under this subsection if it has the minimum unimpaired basic capital and additional surplus equal to that required in its domiciliary jurisdiction, or maintains $15,000,000, whichever is greater;
        (2) a foreign but nonalien mutual insurer, a reciprocal insurer, or a mutual protection and indemnity association may qualify under this subsection if it has the minimum unimpaired basic surplus and additional surplus equal to that required in its domiciliary jurisdiction or maintains $15,000,000, whichever is greater;
        (3) an alien insurer other than an alien mutual protection and indemnity association may qualify under this subsection if it meets the minimum requirements in (1) or (2) of this subsection and maintains in the United States an irrevocable trust fund in an amount not less than $2,500,000 in a solvent federally insured bank acceptable to the director, as security to the full amount, for the protection of all its policyholders and creditors of each member of the mutual insurer, reciprocal insurer, or mutual protection and indemnity association in the United States; the trust fund must consist of instruments of substantially the same character and quality as those that are eligible investments for the capital and statutory reserves of admitted insurers authorized to write like kinds of insurance in this state or of irrevocable, clean, and unconditional letters of credit; the trust fund must have an expiration date that at no time is less than five years;
        (4) a Lloyd's syndicate or an insurer belonging to a similar group, including incorporated and individual unincorporated insurers, may qualify if it maintains a trust fund jointly and severally with the other members of the group in an amount not less than $50,000,000, as security to the full amount, for the protection of all policyholders and creditors of each member of the group in the United States; the incorporated members may not be engaged in any business other than underwriting as a member of the group and shall be subject to the same level of solvency regulation and control by the group's domiciliary regulator as are the unincorporated members; the trust fund must consist of instruments of substantially the same character and quality as those that are eligible investments for the capital and statutory reserves of admitted insurers authorized to write like kinds of insurance in this state or of irrevocable, clean, and unconditional letters of credit; the trust fund must have an expiration date that at no time is less than five years;
        (5) each syndicate or insurer belonging to an insurance exchange created by the laws of individual states may qualify if the insurance exchange maintains capital and surplus, or the substantial equivalent, of not less than $50,000,000 in the aggregate; for insurance exchanges that maintain funds for the protection of all insurance exchange policyholders, each individual syndicate shall maintain minimum capital and surplus, or the substantial equivalent, of not less than $3,000,000; in the event the insurance exchange does not maintain funds for the protection of all its policyholders, each individual syndicate shall meet the minimum requirements of (1) or (2) of this subsection;
        (6) an alien mutual protection and indemnity association may qualify under this subsection if it has the minimum unimpaired basic capital and additional surplus equal to that required in its domiciliary jurisdiction or $10,000,000, whichever is greater, and maintains in the United States an irrevocable trust fund in an amount not less than $1,000,000 in a federally insured bank acceptable to the director, as security to the full amount, for the protection of all its policyholders and creditors or each member of the mutual protection and indemnity association in the United States; the trust fund must consist of instruments of substantially the same character and quality as those that are eligible investments for the capital and statutory reserves of admitted insurers authorized to write wet marine and transportation insurance in this state or of irrevocable, clean, and unconditional letters of credit; the trust fund must have an expiration date that at no time is less than five years;
        (7) an insurer not domiciled in the United States or its territories qualifies under this subsection if it is listed on the Quarterly Listing of Alien Insurers maintained by the National Association of Insurance Commissioners International Insurers Department.
   (d) A nonadmitted insurer may be eligible to provide coverage in this state if it files with the director or the director's designee a copy of its current annual financial statement that has been certified by the insurer. The financial statement must be filed with and approved by the regulatory authority in the domicile of the nonadmitted insurer, or certified by an accounting or auditing firm licensed in the jurisdiction of the insurer's domicile. A foreign insurer shall provide the approved or certified financial statement not more than six months after the close of the reporting period. An alien insurer shall provide the approved or certified financial statement not more than nine months after the close of the reporting period. In the case of an insurance exchange, the statement may be an aggregate combined statement of all underwriting syndicates operating during the period reported upon.
   (e) The capital and surplus requirements of this section shall be calculated based upon generally accepted accounting practices used in the United States of America.
   (f) If an insurer has less than the minimum capital and surplus required in (c) of this section, the insurer may satisfy the requirements of this section upon an affirmative finding of acceptability by the director. The director's finding must be based on factors including quality of management, capital and surplus of any parent company, company underwriting profit and investment income trends, market availability, and company record and reputation within the industry. The director may not make an affirmative finding of acceptability when the nonadmitted insurer's capital and surplus is less than $4,500,000.
   (g) The director may participate in interstate agreements formed for the purpose of developing additional and alternative nationwide uniform eligibility requirements that are applicable to nonadmitted insurers domiciled in another state or territory of the United States.

Authorities

21.34.030;21.34.050;21.34.060;21.34.070;21.34.900;21.76.070

Notes

Implemented As

3 AAC 25.010
3 AAC 25.140
3 AAC 31.060

References

18 AAC 75.250
3 AAC 25.010
3 AAC 25.140
3 AAC 31.060
AS 21.34.030 Workers' compensation insurance.
AS 21.34.050 Listing eligible surplus lines insurers.
AS 21.34.060 Other nonadmitted insurers.
AS 21.34.070 Declaration of ineligibility.
AS 21.34.900 Definitions.
AS 21.76.070 Excess insurance.

History

(Sec. 21 ch 117 SLA 1984; am Sec. 31 ch 29 SLA 1987; am Sec. 51 ch 50 SLA 1990; am Sec. 119 - 121 ch 67 SLA 1992; am Sec. 51 ch 62 SLA 1995; am Sec. 27, 28 ch 81 SLA 1997; am Sec. 18 ch 1 FSSLA 2005; am Sec. 13 ch 30 SLA 2009; am Sec. 52, 53 ch 23 SLA 2011)