Section 21.79.025. Liability limits.

   (a) The benefits for which the association may become liable may not exceed the lesser of
        (1) the contractual obligations for which the insurer is liable or would have been liable if it were not an impaired or insolvent insurer;
        (2) with respect to any one life, regardless of the number of policies or contracts,
             (A) $300,000 in life insurance death benefits, but not more than $100,000 in net cash surrender and net cash withdrawal values for life insurance;
             (B) in health insurance benefits,
                  (i) $100,000 for coverage not defined as disability insurance, long-term care insurance, or basic hospital, medical, and surgical insurance or major medical insurance, including any net cash surrender and net cash withdrawal values;
                  (ii) $300,000 for disability insurance as defined in AS 21.12.052 and long-term care insurance as defined in AS 21.53.200;
                  (iii) $500,000 for basic hospital, medical, and surgical insurance or major medical insurance;
             (C) $250,000 in the present value of annuity benefits, including net cash surrender and net cash withdrawal values;
        (3) with respect to any one contract holder or plan sponsor whose plan owns directly or in trust one or more unallocated annuity contracts not included in (4) of this subsection, $5,000,000 in unallocated annuity contract benefits, irrespective of the number of contracts held by that contract holder or plan sponsor except that, in the case of one or more unallocated annuity contracts that are covered under this chapter and that are owned by a trust or other entity for the benefit of two or more plan sponsors, coverage shall be provided by the association if the largest interest in the trust or entity owning the contract is held by a plan sponsor whose principal place of business is in this state; however, the association is not liable to cover more than $5,000,000 in benefits with respect to an unallocated annuity contract not included in (4) of this subsection;
        (4) with respect to an individual participating in a governmental retirement benefit plan established under 26 U.S.C. 401, 26 U.S.C. 403(b), or 26 U.S.C. 457 and covered by an unallocated annuity contract, or to a beneficiary of the individual if the individual is deceased, in the aggregate, $100,000 in present-value annuity benefits, including net cash surrender and net cash withdrawal values; or
        (5) with respect to each payee of a structured settlement annuity, or beneficiary of the payee if the payee is deceased, $100,000 in present-value annuity benefits in the aggregate, including net cash surrender and net cash withdrawal values, if any.
   (b) The limitations imposed under this section are limitations on the benefits for which the association is obligated before taking into account either its subrogation and assignment rights or the extent to which those benefits could be provided out of the assets of an impaired or insolvent insurer attributable to covered policies. The costs of the association's obligations under this chapter may be met by the use of assets attributable to covered policies or reimbursed to the association under its subrogation and assignment rights.
   (c) In providing coverage required under AS 21.79.060, the association may not be required to guarantee, assume, reinsure, or perform, or cause to be guaranteed, assumed, reinsured, or performed, the contractual obligations of an insolvent or impaired insurer under a covered policy or contract when the obligations do not materially affect the economic values or economic benefits of the covered policy or contract.
   (d) The association may not be required to cover more than
        (1) an aggregate of $300,000 in benefits with respect to any one life under (a)(2), (4), and (5) of this section, except that, with respect to benefits for basic hospital, medical, and surgical insurance or major medical insurance under (a)(2)(B) of this section, the aggregate liability of the association may not exceed $500,000 for any one individual; or
        (2) $5,000,000 in benefits with respect to one owner or multiple nongroup policies of life insurance, whether the policy owner is an individual, firm, corporation, or other person, and whether the persons insured are officers, managers, employees, or other persons, regardless of the number of policies and contracts held by the owner.

Notes

History

(Sec. 3 ch 52 SLA 1990; am Sec. 85 ch 56 SLA 1996; am Sec. 5, 6 ch 119 SLA 2000; am Sec. 87 ch 23 SLA 2011)