Section 21.80.180. Definitions.

In this chapter, unless the context requires otherwise,
        (1) "account" means any one of the three accounts created by AS 21.80.040(a);
        (2) "affiliate of an insolvent insurer" means a person who directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with an insolvent insurer on December 31 of the year immediately preceding the date the insurer becomes an insolvent insurer;
        (3) "association" means the Alaska Insurance Guaranty Association;
        (4) "claimant" means an insured making a first party claim or a person making a liability claim; "claimant" does not include a person who is an affiliate of an insolvent insurer;
        (5) "control" has the meaning given in AS 21.22.200;
        (6) "covered claim" means an unpaid claim, including one of unearned premiums, that arises out of and is within the coverage and not in excess of the applicable limits of an insurance policy issued by an insurer to which this chapter applies if the insurer becomes an insolvent insurer and (A) the claimant or insured is a resident of this state at the time of the insured event, or (B) the claim is a first party claim for damage to property that is permanently located in this state; "covered claim" does not include an amount awarded for punitive or exemplary damages, an amount sought as a return of premium under a retroactive rating plan, or an amount due a reinsurer, insurer, insurance pool, or underwriting association, as subrogation recoveries or otherwise;
        (7) "insolvent insurer" means an insurer
             (A) authorized to transact insurance in this state either at the time the policy was issued or when the insured event occurred, except an assessable reciprocal insurer formed by and insuring only municipalities or nonprofit public utilities, a reciprocal insurer formed under AS 21.75 to provide marine insurance, and a joint insurance arrangement formed under AS 21.76, either at the time the policy was issued or when the insured event occurred, and
             (B) against which a court of competent jurisdiction in the insurer's state of domicile has made a final order of liquidation with a finding of insolvency;
        (8) "member insurer" means a person, except an assessable reciprocal insurer formed by and insuring only municipalities or nonprofit public utilities, a reciprocal insurer formed under AS 21.75 to provide marine insurance, and a joint insurance arrangement formed under AS 21.76, who
             (A) writes insurance to which this chapter applies under AS 21.80.020, including the exchange of reciprocal or interinsurance contracts; and
             (B) is authorized to transact insurance in the state;
        (9) "net direct written premiums" means direct gross premiums written in this state on insurance policies to which this chapter applies, less return premiums thereon and dividends paid or credited to policyholders on direct business; "net direct written premiums" does not include premiums on contracts between insurers or reinsurers;
        (10) "resident" means, for a person other than an individual, the state in which the person's principal place of business is located at the time of the insured event.

Authorities

21.80.040

Notes

References

AS 21.80.040 Creation of association.

History

(Sec. 1 ch 121 SLA 1970; am Sec. 43, 44 ch 102 SLA 1976; am Sec. 5, 6 ch 104 SLA 1983; am Sec. 20 ch 21 SLA 1985; am Sec. 9 ch 48 SLA 1986; am Sec. 5 ch 136 SLA 1986; am Sec. 45, 46 ch 14 SLA 1987; am Sec. 32 ch 30 SLA 1992; am Sec. 18 ch 39 SLA 2000)