Section 21.36.210. Limits on cancellation.

   (a) An insurer may not exercise its right to cancel a policy of personal automobile insurance except for the following reasons:
        (1) nonpayment of premium; or
        (2) the driver's license or motor vehicle registration of either the named insured or of an operator who resides in the same household as the named insured or who customarily operates a motor vehicle insured under the policy has been under suspension or revocation during the policy period or, if the policy is a renewal, during its policy period or the 180 days immediately preceding its effective date.
   (b) During the policy period, a modification of automobile physical damage coverage, except coverage for loss caused by collision, whereby provision is made for the application of a deductible amount not exceeding $100 is not a cancellation of the coverage or of the policy.
   (c)   [Repealed, Sec. 47 ch 29 SLA 1987].
   (d) This section does not apply to
        (1) the failure to renew a policy, except as to coverage in force for less than 12 months;
        (2) a policy that has been in effect less than 60 days at the time notice of cancellation is mailed or delivered by the insurer, unless it is a renewal policy.
   (e)   [Repealed, Sec. 47 ch 29 SLA 1987].
   (f) An insurer may not exercise its right to cancel a policy of personal insurance other than personal automobile insurance, except for the following reasons:
        (1) nonpayment of premiums, including nonpayment of additional premiums, calculated in accordance with the current rating manual of the insurer, justified by a physical change in the insured property or a change in its occupancy or use;
        (2) conviction of the insured of a crime having as one of its necessary elements an act increasing a hazard insured against;
        (3) discovery of fraud or material misrepresentation made by the insured or a representative of the insured in obtaining the insurance or by the insured in pursuing a claim under the policy;
        (4) discovery of a grossly negligent act or omission by the insured that substantially increases the hazards insured against;
        (5) physical changes in the insured property that result in the property becoming uninsurable; or
        (6) entire abandonment of the property that increases a hazard insured against; if a policy is cancelled under this paragraph, in addition to the notice required under AS 21.36.220, the insurer shall give notice of cancellation of the policy to a lender on file with the insurer at the time of the cancellation; in this paragraph, "entire abandonment" means the property is no longer occupied by the insured as defined by the policy and does not have contents of substantial utility; however, property is not entirely abandoned if the insured or an agent for the insured demonstrates that the property is being reasonably maintained and monitored for a condition that might cause damage to the property.

Authorities

21.36.220;21.36.270;21.36.300;21.36.210;21.36.310;21.96.020

Notes

Recent Bills that will modify this

SB 165 ALCOHOL: BOARD;MINORS;MARIJUANA CHECKS

Implemented As

3 AAC 29.355

References

3 AAC 29.355
AS 21.36.220 Notice of cancellation.
AS 21.36.270 Effect of failure to comply.
AS 21.36.300 Applicability of AS 21.36.210 - 21.36.310. [Repealed, Sec. 47
AS 21.36.300
AS 21.36.310 Definitions.
AS 21.96.020 Required motor vehicle coverage.

History

(Sec. 1 ch 28 SLA 1970; am Sec. 1 ch 13 SLA 1972; am Sec. 32 - 34, 47 ch 29 SLA 1987; am Sec. 1 ch 67 SLA 1998; am Sec. 1 ch 54 SLA 2014; am Sec. 16 ch 32 SLA 2016)

].