Section 21.57.055. Disclosure to debtors.

   (a) Before a debtor elects to purchase consumer credit insurance in connection with a credit transaction, the insurer shall disclose the following in writing to the debtor:
        (1) the purchase of consumer credit insurance is optional and not a condition of obtaining credit approval;
        (2) if more than one kind of consumer credit insurance is being made available to the debtor, whether the debtor can purchase the insurance separately or the multiple coverage only as a package;
        (3) the conditions of eligibility;
        (4) if the debtor has other insurance that covers the risk, the debtor may not want or need credit insurance;
        (5) if the creditor requires insurance as additional security for a debt, the debtor has the option of furnishing the required amount of insurance through existing policies owned or procured by the debtor or of procuring and furnishing the required insurance through an insurer authorized to transact insurance business in this state;
        (6) the effective date of the coverage;
        (7) the debtor may cancel the coverage within the first 30 days after receiving the individual policy or group certificate and have a premium paid by the debtor refunded or credited; thereafter, the debtor may cancel the policy at any time during the term of the loan and receive a refund of unearned premium;
        (8) a brief description of the coverage, including
             (A) the amount;
             (B) the term;
             (C) any exceptions, limitations, or exclusions;
             (D) the insured event;
             (E) any waiting or elimination period;
             (F) any deductible;
             (G) any applicable waiver of premium provision;
             (H) to whom the benefits would be paid; and
             (I) the premium rate for a coverage or for multiple coverage in a package;
        (9) if the premium or insurance charge is financed, it is subject to finance charges at the rate applicable to the credit transaction or at another specified rate; and
        (10) whether or not the benefits provided are sufficient to pay off the debt existing on the date of death, disability, or unemployment.
   (b) The disclosure required in (a) of this section shall be provided in the following manner:
        (1) in connection with consumer credit insurance offered contemporaneously with the extension of credit or offered through direct mail advertisements, the disclosure shall be presented to the consumer in a clear and conspicuous manner; or
        (2) in conjunction with the offer of credit insurance by telephone and contemporaneously with the extension of credit or subsequent to the extension of credit by other than direct mail advertisements, the initial disclosure may be provided orally as long as written disclosure is provided to the debtor not later than 10 days after the offer or the date any other written material is provided to the debtor, whichever occurs first.
   (c) If the debtor elects to purchase coverage, the delivery of the disclosure required in (b) of this section shall be acknowledged by the debtor at the time of delivery, and the insurer shall maintain the debtor's written acknowledgement for at least five years.

Authorities

21.57.070

Notes

Implemented As

3 AAC 28.325
3 AAC 28.385

References

3 AAC 28.325
3 AAC 28.385
AS 21.57.070 Requirements for evidence of insurance.

History

(Sec. 85 ch 62 SLA 1995; am Sec. 48 ch 38 SLA 2002)