Section 21.36.190. Fictitious groups.

   (a) An insurer, whether an authorized or unauthorized insurer, may not make available through a rating plan or form, property, casualty, or surety insurance to a firm, corporation, or association of individuals, a preferred rate or premium based upon a fictitious group of the firm, corporation, or association of individuals.
   (b) A form or plan of insurance covering a group or combination of persons or risks may not be written or delivered inside or outside this state to cover persons or risks in this state at a preferred rate or on a form other than that offered to persons not in the group or combination and to the public generally, unless the form, plan of insurance, and the rates or premiums to be charged have been submitted to and approved by the director as being not unfairly discriminatory and not otherwise in conflict with (a) of this section or with AS 21.39 to the extent that AS 21.39 is, by its terms, applicable to it.
   (c) This section does not apply to mortgage guaranty insurance, life insurance, health insurance, or annuity contracts.
   (d) This section does not apply to workers' compensation insurance when issued to an association of employers formed for purposes other than the purchase of insurance and that
        (1) has a constitution and bylaws;
        (2) incorporates a safety program;
        (3) as a group has preferred characteristics over similar risks written on an individual basis; and
        (4) has filed and received approval from the director for the rating program to be applied to the group.
   (e) This section does not apply to insurance coverage under a joint insurance arrangement authorized by AS 21.76.
   (f) Except as provided in AS 21.36.475, an insurer, whether authorized or unauthorized, may not underwrite an owner controlled insurance program or contractor controlled insurance program. In this subsection, "owner controlled insurance program" and "contractor controlled insurance program" have the meanings given in AS 21.36.475.

Notes

Implemented As

3 AAC 29.315
3 AAC 29.320

History

(Sec. 1 ch 120 SLA 1966; am Sec. 9 ch 206 SLA 1976; am Sec. 1 ch 75 SLA 1977; am Sec. 2 ch 136 SLA 1986; am Sec. 33 ch 56 SLA 1996; am Sec. 25 ch 1 FSSLA 2005)