Arizona Revised Statutes Title 20 - Insurance
Chapter 1 GENERAL PROVISIONS
Article 1 Scope of Title
- § 20-101 Department Of Insurance; "Commission" Defined
A. There shall be a department of insurance which shall be administered by the director of insurance. B. In this title, unless the context...
- § 20-102 "Director" Defined
When used with reference to administration of this title, " director" means the director of insurance of the state. When used with reference to...
- § 20-103 Definition Of Insurance; Exceptions
A. For the purposes of this title, except as otherwise provided, " insurance" is a contract by which one undertakes to indemnify another or...
- § 20-104 "Insurer" Defined
" Insurer" includes every person engaged in the business of making contracts of insurance.
- § 20-105 "Person" Defined
" Person" includes an individual, company, insurer, association, organization, society, reciprocal or inter-insurance exchange, partnership, syndicate, business trust, corporation and entity.
- § 20-106 Acts Constituting The Transaction Of Business; Definition
A. " Transact" with respect to insurance includes any of the following: 1. Solicitation and inducement. 2. Preliminary negotiations. 3. Effectuation of a contract...
- § 20-107 Limitation On Transaction Of Insurance; Exception
A. No person shall transact a business of insurance in this state, or relative to a subject of insurance resident, located or to be...
- § 20-108 Types Of Insurers Excepted
This title does not apply with respect to: 1. Hospital and medical service corporations, except as stated in chapter 4, article 3 of this...
- § 20-108.01 Extended Warranty Insurers; Deposit With State Treasurer; Powers And Duties; Definition
A. Every extended warranty insurer shall deposit with the state treasurer and maintain on deposit for the benefit and protection of any person purchasing...
- § 20-109 Existing Licenses
A. The expiration dates of certificates of authority and licenses in force immediately prior to January 1, 1955 and lawfully existing under any law...
- § 20-110 Existing Contracts
No provision of this title shall be deemed to modify or invalidate any contract lawfully in force prior to January 1, 1955.
- § 20-111 Existing Forms And Filings
Every form of insurance document and every rate or other filing lawfully in use immediately prior to January 1, 1955, may continue to be...
- § 20-112 Existing Actions Or Violations
Repeal by this title of any law shall not affect or abate any right accrued, action or proceeding commenced, or any unlawful act committed...
- § 20-113 Construction Of Particular And General Provisions
Provisions of this title relative to a particular kind of insurance or a particular type of insurer or to a particular matter shall prevail...
- § 20-114 Violations; Classification
In addition to any other penalty applicable thereto, either under this title or otherwise, violation of any provision of this title is a class...
- § 20-115 Department Jurisdiction Over Certain Health Care Providers; Exception; Examination; Disclosure
A. Any person or other entity, including a provider sponsored organization that operates under the Medicare-plus-choice program established under the balanced budget act of...
- § 20-116 Surety Bonds; Cash Deposit As Alternative
Any provision in this title that requires a person to post a surety bond to guarantee the performance of a legal obligation is subject...
- § 20-117 Definitions
In this title, unless the context otherwise requires: 1. " Health care services organization" has the same meaning prescribed in section 20-1051. 2. "...
- § 20-118 Prohibition; Definitions
A. A person subject to this title shall not restrict or prohibit, by means of a policy or contract, whether written or otherwise, a...
- § 20-119 Charitable Gift Annuities; Audited Financial Statements; Disclosure Statement; Commissions Prohibited; Definitions
A. On the day a charitable organization enters into an agreement for a charitable gift annuity, the charitable organization shall have: 1. A minimum...
- § 20-120 Payment Bonds For Third Party Intermediary Entities; Contract Provisions; Definitions
A. A health care insurer shall not contract with a third party intermediary entity for the delivery or provision of health benefits or services...
- § 20-121 Health Care Exchange; Abortion Coverage; Prohibition; Exceptions
A. Consistent with the provisions of the patient protection and affordable care act (P.L. 111-148), any qualified health insurance policy, contract or plan offered...
- § 20-122 Health Care Sharing Ministries; Exemption From Regulation; Definition
A. A health care sharing ministry's practices do not constitute the transaction of insurance business in this state for the purposes of regulation under...
- § 20-123 Direct Primary Care Provider; Exemption From Regulation; Definitions
A. A direct primary care provider plan issued pursuant to title 44, chapter 11, article 25 does not constitute the transaction of insurance business...
Article 2 Administrative Officers and Procedures
- § 20-141 Director Of Insurance; Appointment; Qualifications; Compensation
A. There shall be a director of insurance who shall be appointed by the governor pursuant to section 38-211. B. The director shall serve...
- § 20-142 Powers And Duties Of Director; Payment Of Examination And Investigation Costs; Home Health Services
A. The director shall enforce the provisions of this title. B. The director shall have powers and authority expressly conferred by or reasonably implied...
- § 20-143 Rule‑making Power
A. The director may make reasonable rules necessary for effectuating any provision of this title. B. The director shall make rules concerning proxies, consents...
- § 20-144 Seal Of Office
A. The director shall have a seal of office consisting of the shield as used in the great seal of the state of Arizona...
- § 20-145 Evidentiary Effect Of Certificate Of Authority
When required, the director shall furnish his certificate as to the authority of any person to transact insurance, and such certificate shall be evidence...
- § 20-146 Supervisor
A. The director shall appoint a supervisor of insurance rates. B. The supervisor of insurance rates shall be a person versed in insurance rating...
- § 20-147 Assistant Director; Chief Examiner; Appointment; Qualifications
A. The director shall appoint an assistant director of insurance and a chief examiner. B. The assistant director of insurance shall be experienced in...
- § 20-148 Deputies And Other Employees; Special Services
A. Subject to title 41, chapter 4, article 4, the director shall appoint such other deputies, assistants and clerks, as necessary properly to discharge...
- § 20-149 Prohibition On Certain Activities By Employees; Conflict Of Interest
A. The director, or any deputy, examiner, assistant or employee of the director shall not be financially interested, directly or indirectly, in any insurer,...
- § 20-150 Delegation Of Director's Authority
A. Any power, duty or function, whether ministerial or discretionary, vested by this title in the director may be exercised or discharged by any...
- § 20-151 Issuance Of Orders And Notices By Director
A. Orders and notices of the director shall not be effective unless in writing signed by him or by his authority. B. Every order...
- § 20-152 Enforcement
A. If the director has cause to believe that a person has violated any penal provision of this title or other laws relating to...
- § 20-153 Records
A. Records of all official transactions, examinations, investigations and proceedings of the department shall be open to public inspection pursuant to section 39-121, except...
- § 20-154 Annual Report; List Of Authorized Insurers
A. As early in the calendar year as possible the director shall annually prepare a report for delivery to the commission, the governor and...
- § 20-155 Expenses Of Administration
All salaries, compensation and other expenses involved in the operation of the office of the director shall not exceed the amount from time to...
- § 20-156 Examination Of Insurers; Financial Surveillance Fund; Definition
A. The director shall examine the affairs, transactions, accounts, records and assets of each authorized insurer as often as the director deems advisable. The...
- § 20-157 Access And Powers Relating To Insurers' Records
A. Every person being examined and its officers, employees, agents and representatives shall produce and make freely accessible to the director or the director's...
- § 20-157.01 Insurer Claim Files; Access By Director; Definition
A. Pursuant to the director's authority under sections 20-156, 20-157, 20-160 and 20-466, an insurer shall comply with a request to produce any documents,...
- § 20-158 Report Of Examinations By Director; Information Sharing
A. The director shall make a full written report of each examination. The director or the examiner in charge of the examination shall certify...
- § 20-159 Insurance Examiners' Revolving Fund; Definition
A. The director may establish a separate fund designated as the insurance examiners' revolving fund. B. The fund shall be used for the examination...
- § 20-160 Powers Of Examination; Witnesses; Subpoenas; Perjury
A. The director may take depositions, subpoena witnesses or documentary evidence, administer oaths and examine under oath any individual relative to the affairs of...
- § 20-161 Hearings
A. The director may hold hearings for any purpose deemed by him to be necessary and within the scope of this title and shall...
- § 20-162 Demand For Hearing; Stay Of Order
A. A request for a hearing pursuant to title 41, chapter 6, article 10 that is received by the director before the effective date...
- § 20-163 Notice Of Hearing
Not less than ten days in advance the director shall give notice of the time and place of the hearing, stating the matters to...
- § 20-164 Procedure Upon Hearing
A. Hearings may be closed to the public at the director's discretion, but the hearing shall be open to the public if so requested...
- § 20-165 Order On Hearing
A. In conducting any hearing the director shall sit as a quasi- judicial officer. B. Within thirty days after termination of the hearing or...
- § 20-166 Judicial Review
Except as provided in section 41-1092.08, subsection H, an appeal to the superior court in Maricopa county may be taken from any final decision...
- § 20-167 Fees
A. The director shall collect in advance the following fees, as adjusted pursuant to subsection F of this section, which are nonrefundable on payment:...
- § 20-168 Preparation And Sale Of Publications
To the extent he reasonably shall deem desirable and in the public interest, the director may prepare or have prepared books, pamphlets and other...
- § 20-169 Supervision By Director
Any other provision of law to the contrary notwithstanding, if upon examination pursuant to this article or at any other time it appears to...
- § 20-170 Prohibited Acts During Sixty Day Period Of Supervision
During the period of supervision, the director may appoint a supervisor to supervise such insurance company and may provide that the insurance company may...
- § 20-171 Conservatorship; Liquidation
A. If, after notice, and after hearing, at the conclusion of the sixty day period, it is determined that such insurance company has failed...
- § 20-172 Possession By Director Of Person Transacting Insurance Prior To Appointment Of Receiver; Powers Of Director In Possession; Stay Of Possession Order; Application To Title Insurance
A. The director may, upon submission of a verified petition stating that an insurer is in such an unsafe or unsound condition that it...
- § 20-173 Residence Requirement; Exemption For Officer Representing Insurer
Notwithstanding the provision of section 38-201, subsection A, to the contrary, a member of a guaranty fund board established pursuant to this title, chapter...
Article 3 Mandated Health Coverage
Article 4 Payment of Premiums
Chapter 2 TRANSACTION OF INSURANCE BUSINESS
Article 1 Authorization of Insurers and General Requirements
- § 20-201 "Alien" Insurer Defined
An " alien" insurer is one formed under the laws of a country other than the United States.
- § 20-202 "Charter" Defined
" Charter" means articles of incorporation, of agreement or of association, or other basic constituent document of a corporation, or subscribers' agreement and power...
- § 20-202.01 Stock Insurer's Initial Free Surplus Defined
Initial free surplus of a stock insurer is the minimum amount of investment required for the lines authorized over and above the minimum required...
- § 20-202.02 Mutual Insurer's Minimum Required Basic Surplus Defined
A mutual insurer's minimum required basic surplus is defined as the minimum requirement deposited with the state treasurer through the director's office to qualify...
- § 20-202.03 Mutual Insurer's Initial Free Surplus Defined
A mutual insurer's initial free surplus is defined as the minimum additional assets required of a mutual insurer over and above the minimum required...
- § 20-202.04 Reciprocal Insurer's Required Basic Surplus Defined
A reciprocal insurer's required basic surplus is defined as the minimum requirement deposited with the state treasurer through the director's office to qualify for...
- § 20-202.05 Reciprocal Insurer's Initial Free Surplus Defined
A reciprocal insurer's initial free surplus is defined as the minimum additional assets required of a reciprocal insurer over and above the minimum required...
- § 20-203 "Domestic" Insurer Defined
A " domestic" insurer is one formed under the laws of this state.
- § 20-204 "Foreign" Insurer Defined
A " foreign" insurer is one formed under the laws of another state of the United States.
- § 20-205 "State," "United States" Defined
" State" means any state, commonwealth or territory of the United States, including the District of Columbia, and " United States" includes the states,...
- § 20-206 Authority To Transact Insurance
A. No person shall act as an insurer and no insurer shall transact insurance in this state except as authorized by a subsisting authority...
- § 20-207 General Qualifications To Transact Insurance
To qualify for and hold authority to transact insurance in this state an insurer shall be otherwise in compliance with the provisions of this...
- § 20-208 Definition Of Guaranteed Investment Contract
In this title, unless the context otherwise requires, " guaranteed investment contract" means any unallocated group contract, investment contract, funding agreement, guaranteed interest contract...
- § 20-209 Kinds Of Insurance An Insurer May Transact
A. An insurer which otherwise qualifies therefor may be authorized to transact any one kind or combination of kinds of insurance as defined in...
- § 20-210 Minimum Required Capital Stock Or Basic Surplus
A. Except as provided in subsection B, to qualify for authority to transact any one kind of insurance or combinations of kinds of insurance...
- § 20-211 Surplus Required
A. In addition to the minimum required capital stock, if a stock insurer, or minimum required basic surplus, if mutual or reciprocal insurers, as...
- § 20-212 Funds Required To Transact Additional Kinds Of Insurance
An insurer otherwise qualified may be authorized to transact combinations of kinds of insurance, other than the life and disability combination shown in section...
- § 20-213 Deposit Requirements
The director shall not issue a certificate of authority to any insurer unless it has deposited in trust with the state treasurer through the...
- § 20-214 Financial Requirements; Escalator Provisions
If with respect to an insurer lawfully authorized to transact insurance in this state immediately prior to the effective date of this section, this...
- § 20-215 Application For Certificate Of Authority
To apply for an original certificate of authority an insurer shall file with the director its application for a certificate of authority showing its...
- § 20-216 Issuance Or Refusal Of Certificate
A. If on the completion of an application the director finds that the insurer has met the requirements for and is entitled under this...
- § 20-217 Certificate Of Authority; Term; Termination; Delivery Upon Termination Or Revocation
A. The certificate of authority issued by the director to an insurer is evidence of its authority to transact in this state the kind...
- § 20-218 Name Of Insurer
A. No insurer shall be authorized to transact insurance in this state which has or uses a name so similar to that of any...
- § 20-218.01 Appointment Of A Statutory Agent
A. Each domestic insurer shall have and continuously maintain in this state: 1. A known place of business which may be the office of...
- § 20-218.02 Change Of Known Place Of Business Or Statutory Agent
A. A domestic insurer may change its known place of business in this state or its statutory agent in this state, or both, upon...
- § 20-219 Mandatory Revocation Or Suspension
The director shall refuse to renew or shall revoke or suspend an insurer's certificate of authority: 1. If such action is required by any...
- § 20-220 Certificate Of Authority; Refusal To Renew; Revocation Or Suspension; Civil Penalty
A. The director may after a hearing refuse to renew or may revoke or suspend an insurer's certificate of authority, in addition to other...
- § 20-220.01 Hazardous Financial Condition; Determination; Order
A. The director may consider the following standards, either singly or a combination of two or more, in determining whether the continued operation of...
- § 20-221 Director As Agent For Service Of Process
A. Each authorized foreign or alien insurer shall appoint the director as its attorney to receive service of legal process issued against it in...
- § 20-222 Service Of Process; Time To Answer
A. Duplicate copies of legal process against an insurer for whom the director is attorney shall be served upon him. At the time of...
- § 20-223 Annual Statement; Payment Of Fees; Penalty For Failure To File Or Pay
A. Each authorized domestic insurer shall annually on or before March 31 and each other authorized insurer shall annually on or before March 1...
- § 20-223.01 Annual Report Of Product Liability Insurer
At the time of filing the annual report each insurer providing product liability insurance or excess insurance above self-insured retention for product liability, either...
- § 20-224 Premium Tax; Reports
A. On or before March 1 of each year each authorized domestic insurer, each other insurer and each formerly authorized insurer referred to in...
- § 20-224.01 Additional Premium Tax
A. Coincident with the filing of the tax report as required in section 20-224, each insurer shall pay to the director, for deposit, pursuant...
- § 20-224.02 Credit For Overpayment Of Tax
If an overpayment of the taxes imposed by sections 20-224, 20-224.01, 20-837, 20-1010, 20-1060 and 20-1097.07 results from payments made pursuant to the method...
- § 20-224.03 Premium Tax Credit For New Employment
A. For taxable years beginning from and after June 30, 2011 through December 31, 2019, a credit is allowed against the premium tax liability...
- § 20-224.04 Premium Tax Credit For Increased Employment In Military Reuse Zones; Definitions
A. A tax credit is allowed against the premium tax liability incurred by an insurer pursuant to section 20-224, 20-837, 20-1010, 20-1060 or 20-1097.07...
- § 20-224.05 Premium Tax Credit For Health Insurance Certificates Submitted By Qualified Persons; Definitions
A. From and after December 31, 2006, an annual tax credit is allowed against the premium tax liability incurred by a health care insurer...
- § 20-224.06 Premium Tax Credit For Contributions To School Tuition Organization; Low-Income Scholarships
A. A credit is allowed against the premium tax liability incurred by an insurer pursuant to section 20-224, 20-837, 20-1010, 20-1060 or 20-1097.07 for...
- § 20-224.07 Premium Tax Credit For Contributions To School Tuition Organization; Displaced Students And Students With Disabilities
A. A credit is allowed against the premium tax liability incurred by an insurer pursuant to section 20-224, 20-837, 20-1010, 20-1060 or 20-1097.07 for...
- § 20-225 Failure To Pay Tax; Penalty
A. Any insurer failing to pay the tax prescribed by sections 20-224, 20-224.01, 20-837, 20-1010, 20-1060 and 20-1097.07 is subject to a civil penalty...
- § 20-226 Exclusive Character Of Premium Tax; Exception
A. With respect to authorized insurers the premium tax provided by section 20-224 shall be payment in full and in lieu of all other...
- § 20-227 Disposition Of Tax Proceeds
The purpose of the taxes provided by this title is to assist in defraying the cost of state government and to lessen the tax...
- § 20-228 Exemption Of Insurers From General Corporation Reports And Fees
Notwithstanding any other statute, no authorized insurer or surplus line insurer is required to file with the corporation commission the annual report required of...
- § 20-229 Countersignature Of Insurance Producer; Exceptions
A. An authorized insurer shall not issue a policy covering a subject of insurance resident, located or to be performed in this state unless...
- § 20-230 Retaliation
(L95, Ch. 180, sec. 1. Eff. until 1/1/16) A. When by or pursuant to the laws of any other state or foreign country any...
- § 20-230; Version 2 Retaliation
(L15, Ch. 184, sec. 1. Eff. 1/1/16) A. When by or pursuant to the laws of any other state or foreign country any premium...
- § 20-231 Transfer Of Domicile
A. Any insurer organized under the laws of any other state and admitted to do business in this state for the purpose of writing...
- § 20-232 Junior Achievement Program; Exemption From Licensure
An authorized insurer may sponsor the formation of a junior achievement program approved by the director. A student participating in the program is not...
- § 20-233 Additional Information Required Of Insurer; Disclosure To Director; Violation; Classification
A. At the time of filing its annual statement as required by section 20-223, an insurer shall also disclose to the director, in the...
- § 20-234 Filing Requirement; Participation In The Insurance Regulatory Information System
A. On or before March 1 of each year or on or before the earliest date the company is required to file an annual...
- § 20-235 Insurers; Financial Disclosure; Requirements
A. The director shall adopt rules which require each insurer licensed to write property or casualty insurance in this state to report its loss...
- § 20-236 Civil Penalty For Failure To Respond To A Request For Verification Of Financial Responsibility
If the director finds after a hearing that, upon certification by the department of transportation, an insurer has failed to respond in writing within...
- § 20-237 Failure To Provide Information; Penalty
If after a hearing and certification by the department of transportation the director of insurance finds that an insurer has failed to comply with...
- § 20-238 Health Insurance; State Regulation; Rating Areas; Definitions
(Conditionally Rpld.) A. The director, through the adoption of rules or other regulatory and administrative actions within the director's authority, shall ensure that this...
- § 20-239 Electronic Communications And Records; Applicability; Definitions
A. Any notice to a party or any other document that is required under this title in an insurance transaction or that is to...
- § 20-240 Electronic Posting Of Policies; Definitions
A. Notwithstanding section 20-239, an insurer may post property and casualty insurance policies and endorsements that are subject to article 4.1 of this chapter...
Article 2 Kinds of Insurance; Reinsurance; Limits of Risk
- § 20-251 Definitions Not Mutually Exclusive
It is intended that certain coverages may come within the definitions of two or more kinds of insurance as set forth in this article,...
- § 20-252 "Casualty Insurance" Defined
" Casualty insurance" includes vehicle insurance as defined in section 20-259, and in addition includes: 1. Liability insurance, which is insurance against legal liability...
- § 20-253 "Disability Insurance" Defined
" Disability insurance" is insurance against bodily injury, disablement or death by accident or accidental means, or the expense thereof, or against disablement or...
- § 20-254 "Life Insurance" Defined
" Life insurance" is insurance on human lives and insurance appertaining thereto or connected therewith. The transacting of life insurance includes the granting of...
- § 20-254.01 "Annuities" Defined
" Annuities" encompass all agreements to make periodic payments, other than contracts defined by section 20-254 as " life insurance" , where the making...
- § 20-255 "Marine And Transportation Insurance" Defined
" Marine and transportation insurance" includes: 1. Insurance against any and all kinds of loss or damage to vessels, craft, aircraft, cars, automobiles and...
- § 20-256 "Property Insurance" Defined
" Property insurance" is insurance on real or personal property of every kind and interest therein, against loss or damage from any or all...
- § 20-257 "Surety Insurance" Defined
" Surety insurance" includes: 1. Fidelity insurance, which is insurance guaranteeing the fidelity of persons holding positions of public or private trust. 2. Insurance...
- § 20-258 Multiple Line Insurers
For the purposes of this title, a multiple line insurer may transact any two or more kinds of insurance, as defined in sections 20-252,...
- § 20-259 "Vehicle Insurance" Defined
" Vehicle insurance" is insurance against loss of or damage to any land vehicle or aircraft or to property while contained therein or thereon...
- § 20-259.01 Motor Vehicle Liability Policy; Uninsured Optional; Underinsured Optional; Subrogation; Medical Payments Liens; Definitions
A. Every insurer writing automobile liability or motor vehicle liability policies shall make available to the named insured thereunder and by written notice offer...
- § 20-259.02 Coverage To Include Car Pool Operators And Car Pool Vehicles; Definitions
A. A policy of private passenger vehicle insurance shall not be delivered or issued for delivery in this state unless coverage is provided for...
- § 20-259.03 Uninsured And Underinsured Motorist Coverages; Insured; Wrongful Death Recovery
Notwithstanding any other law, in the case of the death of an insured who is covered under the uninsured and underinsured motorist coverages of...
- § 20-260 Limit Of Risk
A. No insurer shall retain any risk on any one subject of insurance, whether located or to be performed in this state or elsewhere,...
- § 20-261 Authorized Reinsurance
A. An insurer shall reinsure its risks, or any part of its risks, only in solvent insurers having surplus to policyholders not less in...
- § 20-261.01 Credit For Reinsurance
A. A domestic ceding insurer shall be allowed a credit for reinsurance as an asset to or a deduction from liability on account of...
- § 20-261.02 Reduction From Liability For Reinsurance Ceded By A Domestic Insurer To An Assuming Insurer
A. A reduction from liability for the reinsurance that is ceded by a domestic insurer to an assuming insurer who does not meet the...
- § 20-261.03 Qualified United States Financial Institution; Definitions
A. For the purposes of section 20-261.02, subsection B and section 20-261.06, subsection B, " qualified United States financial institution" means an institution that:...
- § 20-261.04 Reinsurance Agreements Affected
Sections 20-261.01, 20-261.02 and 20-261.03 apply after the effective date of this section to all cessions under reinsurance agreements that have had an inception,...
- § 20-261.05 Credit For Reinsurance
A. A domestic ceding insurer shall be allowed credit for reinsurance as either an asset or a reduction from liability on account of reinsurance...
- § 20-261.06 Asset Or Reduction From Liability For Reinsurance Ceded By A Domestic Insurer To An Assuming Insurer
A. An asset or a reduction from liability for the reinsurance ceded by a domestic insurer to an assuming insurer that is not meeting...
- § 20-261.07 Reinsurance Agreements Affected
Notwithstanding section 20-261.04, sections 20-261.03, 20-261.05 and 20-261.06 apply to all cessions after July 3, 2015 under reinsurance agreements that have an inception, anniversary...
- § 20-261.08 Rules
The director may adopt rules pursuant to title 41, chapter 6 to implement sections 20-261.03, 20-261.05, 20-261.06 and 20-261.07 relating to credit for reinsurance.
- § 20-262 Motor Vehicle Insurance Policy; Reduction Of Rate For Older Person Completing Accident Prevention Course; Course Requirements
A. An insurer issuing motor vehicle liability insurance policies in this state may provide additional reductions in rates for motor vehicle personal injury and...
- § 20-263 Vehicle Insurance; Prohibited Act By Insurer; Hearing; Penalty
A. No insurer shall increase the motor vehicle insurance premium of an insured as a result of an accident not caused or significantly contributed...
- § 20-264 Automobile Insurance; Damaged Safety Equipment Deductible Optional; Definition
A. Any insurer writing private passenger automobile insurance which includes comprehensive coverage for motor vehicle damage shall provide at the option of the insured...
- § 20-265 Motor Vehicle Insurance; Premium Comparisons And Complaint Ratios
The department of insurance shall compile premium comparisons and complaint ratios for motor vehicle insurance policies that insure six or fewer motor vehicles. The...
- § 20-266 Minimum Liability Policy; Availability
An insurer writing or an insurance producer soliciting applications for motor vehicle liability policies that insure six or fewer motor vehicles shall make available...
- § 20-267 Motor Vehicle Liability Policies; Monthly Basis; Fee
A. An insurer writing or an insurance producer soliciting applications for motor vehicle liability policies shall make available a monthly premium payment plan on...
- § 20-268 Motor Vehicle Subrogation
A. If a motor vehicle claim is subject to subrogation, the insured may bring a cause of action separate and apart from the insurer...
- § 20-270 Residential Property Insurance; Prohibited Acts
A. An insurer shall not charge more premium for residential property insurance coverage on a property with a single below deductible claim, not exceeding...
- § 20-271 Lienholders; Proof; Accidents; Notice; Applicability
A. An insured or claimant shall provide information as part of the proof of loss concerning the existence of any lien or encumbrance against...
Article 3 Insurance Producer Licensing
- § 20-281 Definitions
In this article, unless the context otherwise requires: 1. " Business entity" means any corporation, association, partnership, limited liability company, limited liability partnership or...
- § 20-282 License Required
A person shall not sell, solicit or negotiate insurance in this state for any class or classes of insurance unless the person is licensed...
- § 20-283 Exceptions To Insurance Producer Licensing
A. An insurer is not required to obtain an insurance producer license. In this section, insurer does not include an insurer's officers, directors, employees,...
- § 20-284 Application For Examination
A. A resident individual applying for an insurance producer license shall pass an examination within the one year period that precedes the date the...
- § 20-285 Application For License
A. A person who applies for a resident insurance producer license shall apply to the director on a form prescribed by the director and...
- § 20-286 Licensure; Lines Of Authority
A. Unless the director denies a license pursuant to section 20-295, the director shall issue a resident insurance producer license to any person who...
- § 20-287 Nonresident Licensing
A. Unless the director denies a license pursuant to section 20-295, the director shall issue a nonresident person a nonresident insurance producer license if...
- § 20-288 Exemption From Examination
A. An individual who applies for an insurance producer license in this state and who was previously licensed for the same lines of authority...
- § 20-289 Expiration; Surrender; Renewal
A. Any license that is issued pursuant to this article, other than a temporary license, continues in force until it expires or the director...
- § 20-289.01 Inactive License Or Application Status During Military Service
A. A licensee or applicant who is ordered into active military service may request that the license or application be placed on inactive status...
- § 20-290 Insurance Producer Records; Individual Licensees
A. An insurance producer shall keep at the insurance producer's principal place of business the usual and customary records that pertain to transactions under...
- § 20-291 Service Of Process On Nonresident Licensees
A. Application for and acceptance of any nonresident license pursuant to this article constitutes an irrevocable appointment of the director as the agent of...
- § 20-292 Violation; Injunctive Relief
If the director has cause to believe that any person is violating or about to violate section 20-282, 20-298, 20-311.01, 20-321.01, 20-331, 20-331.01, 20-332,...
- § 20-293 Insurance Vending Machines
A. Only a licensed insurance producer who is authorized by the director may solicit applications for and issue policies by means of mechanical vending...
- § 20-294 Temporary Licensing
A. The director may issue a temporary insurance producer license for not more than one hundred eighty days without requiring an examination if the...
- § 20-295 License Denial, Suspension Or Revocation; Civil Penalty
A. The director may deny, suspend for not more than twelve months, revoke or refuse to renew an insurance producer's license or may impose...
- § 20-296 Effect Of Suspension Or Revocation Of License
A. The director shall not again issue any license under this title to any person whose license has been revoked until one year after...
- § 20-297 Assumed Business Name; Trade Name
A. An insurance producer doing business under any name other than the producer's legal name shall notify the director on a form prescribed by...
- § 20-298 Commissions
A. An insurer or insurance producer shall not pay a commission, service fee, brokerage or other valuable consideration to a person for selling, soliciting...
- § 20-299 Sharing Of Information
A. The director may: 1. Share any nonpublic document, material or other information with other state, federal and international regulatory agencies, with the national...
- § 20-300 Reciprocity
A. The director shall waive any requirements, except the requirements prescribed in section 20-287, for a nonresident license applicant who holds a license in...
- § 20-301 Report Of Actions
A. Within thirty days after the final disposition of the matter, an insurance producer shall report to the director any administrative action taken against...
- § 20-302 Rules
The director may adopt rules pursuant to title 41, chapter 6 to carry out this article.
Article 3.1 Managing General Agents
Article 3.2 Adjusters
- § 20-321 Definitions
In this article, unless the context otherwise requires: 1. " Adjuster" : (a) Means any person who for compensation, fee or commission either: (i)...
- § 20-321.01 Licensing Of Adjusters; Qualifications; Exemption
A. A person shall not act as or claim to be an adjuster unless the person is licensed under this article. B. To obtain...
- § 20-321.02 Application Of Other Laws
To the extent permitted by this article, sections 20-281 and 20-284, section 20-286, subsections B, C and D and sections 20-287, 20-288, 20-289, 20-289.01,...
Article 3.3 Other Insurance Professionals
Article 3.4 Navigators and Certified Application Counselors
- § 20-336 Definitions
(Conditionally Rpld.) In this article, unless the context otherwise requires: 1. " Certified application counselor" means an individual who is licensed pursuant to this...
- § 20-336.01 Scope And Application Of Article
(Conditionally Rpld.) A. Beginning October 1, 2014, this article applies to a person who acts or claims to be a navigator or certified application...
- § 20-336.02 License Required
(Conditionally Rpld.) A person may not act as or claim to be a navigator or certified application counselor unless the person is licensed pursuant...
- § 20-336.03 Navigators; Licensing
(Conditionally Rpld.) A. A person who applies for a navigator license shall apply to the director on a form prescribed by the director and...
- § 20-336.04 Certified Application Counselors; Licensing
(Conditionally Rpld.) A. An individual who applies for a certified application counselor license shall apply to the director on a form prescribed by the...
- § 20-336.05 Enforcement; Rules
(Conditionally Rpld.) A. The director may examine and investigate the business affairs and records of any navigator or certified application counselor to determine whether...
- § 20-336.06 Application Of Other Laws
(Conditionally Rpld.) To the extent permitted by this article, section 20-281, section 20-286, subsections B, C and D, sections 20-289, 20-289.01, 20-292, 20-295, 20-296,...
Article 3.5 Bail Bond Agents and Bail Recovery Agents
- § 20-340 Definitions
In this article, unless the context otherwise requires: 1. " Bail bond" means any contract that is executed by a surety insurer for the...
- § 20-340.01 Bail Bond Agents; Licensure; Business Entities; Place Of Business; Receipt; Maintenance Of Records
A. A person shall not act as a bail bond agent in this state unless the person is licensed by the director in accordance...
- § 20-340.02 Bond Of Bail Bond Agents
A. Each applicant for a bail bond agent's license or license renewal shall file with the application and shall maintain in force while licensed...
- § 20-340.03 Bail Bond Agent Prohibitions
A. A bail bond agent shall not: 1. Suggest or advise the employment of or name for employment any particular attorney to represent the...
- § 20-340.04 Bail Recovery Agent Prohibitions; Criminal Records Checks
A. No person who has been convicted in any jurisdiction of theft, any felony or any crime involving the carrying or illegal use or...
- § 20-340.05 Rules
The director shall adopt rules relating to collateral received by bail bond agents, the issuance of contracts and other matters relating to the business...
- § 20-340.06 Application Of Other Laws
To the extent not inconsistent with this article, sections 20-281, 20-284 and 20-285, section 20-286, subsections B, C and D, section 20-288, subsection B...
Article 4 Rates and Rating Organizations
- § 20-341 Purpose Of Insurance Rate Regulation
A. The purpose of this article is to promote the public welfare by regulating insurance rates to the end that they shall not be...
- § 20-342 Scope And Application Of Article
A. This article does not apply to: 1. Life insurance. 2. Disability insurance. 3. Reinsurance, except joint reinsurance as provided in section 20-369. 4....
- § 20-343 Definitions
In this article, unless the context otherwise requires: 1. " Board" means the workers' compensation appeals board established by section 20-367. 2. " Classification...
- § 20-344 Uniform Plans
A. Except as provided in subsections B and C of this section, every rating organization and every insurer that transacts workers' compensation insurance in...
- § 20-356 Making Of Rates
All rates subject to this article shall be made in accordance with the following provisions: 1. Rates shall not be excessive, inadequate or unfairly...
- § 20-357 Filing Of Rating System; Definition
A. Every insurer shall file with the director the rating systems the insurer proposes to use. As used in the rate regulatory provisions of...
- § 20-358 Disapproval Of Rates
A. If at any time the director finds that a filing does not meet the standards set forth in section 20-356, he shall, after...
- § 20-359 Deviations From Filed Workers' Compensation Rates
A. Every insurer shall adhere to the filings made by the rating organization of which it is a member, except that any member insurer...
- § 20-361 Licensing Of Rating Organizations
A. A corporation, an unincorporated association, a partnership or an individual, whether located within or outside this state, may apply to the director for...
- § 20-362 Notice To Director Of Changes In Rating Organization
Every rating organization shall notify the director promptly of every change in: 1. Its constitution, its articles of agreement or association, or its certificate...
- § 20-363 Availability Of Services Of Rating Organization To Members
A. Subject to rules and regulations that have been approved by the director as reasonable, each workers' compensation rating organization shall permit any insurer...
- § 20-364 Technical Services
A. Any rating organization may provide for the examination of policies, daily reports, binders, renewal certificates, endorsements or other evidence of insurance, or the...
- § 20-365 Cooperation In Rate Making
Cooperation among rating organizations and among rating organizations and insurers in rate making and in other matters within the scope of this article is...
- § 20-366 Appeal By Member Or Subscriber From Action Relating To Filings
A. Any member of or subscriber to a rating organization may appeal to the director from the action or decision of the rating organization...
- § 20-367 Workers' Compensation Appeals Board; Composition
A. A workers' compensation appeals board is established in the department. B. The board shall have at least nine but not more than eleven...
- § 20-367.01 Appeals Procedure
A. Within a reasonable time after receiving a written request and on payment of a reasonable fee, every rating organization and insurer shall give...
- § 20-368 Advisory Organizations
A. Every group, association or other organization of insurers, whether located within or outside this state, which assists insurers which make their own filings...
- § 20-369 Joint Underwriting Or Joint Reinsurance
A. Every group, association or other organization of insurers which engages in joint underwriting or joint reinsurance shall be subject to regulation with respect...
- § 20-370 Examinations Of Rating Organizations
A. The director, as often as he deems it expedient, may make or cause to be made an examination of each rating organization licensed...
- § 20-371 Rate Administration
A. The director shall adopt reasonable rules and statistical plans that are reasonably adapted to each of the rating systems on file with the...
- § 20-372 Disclosure Of Information Relating To Rates
No person or organization shall wilfully withhold information from, or knowingly give false or misleading information to, the director, any statistical agency designated by...
- § 20-373 Commissions And Fees
Nothing in this article shall abridge or restrict the freedom of contract of insurers, agents or brokers with reference to the amount of commissions...
- § 20-374 Revocation And Suspension Of Licenses
The director may suspend the license of any rating organization or the certificate of authority of any insurer which fails to comply with an...
- § 20-375 Making Of Title Insurance Rates
A. Every title insurer that shall make its own rates, and every title insurance rating organization, shall make rates that are not excessive nor...
- § 20-376 Filing Of Title Insurance Rates; Approval Or Disapproval
A. Every title insurer shall file with the director its schedules of fees, every manual of classifications, rules and plans pertaining thereto, and every...
- § 20-377 Justification For Title Insurance Rates
A. A title insurance filing shall be accompanied by a statement of the title insurer, title insurance agent, or title insurance rating organization making...
- § 20-378 Disapproval Of Title Insurance Filings
A. Before issuing an order of disapproval of a title insurance filing, the director shall hold a hearing upon not less than ten days'...
- § 20-379 Deviations In Title Insurance Rates
A. No title insurer or title insurance agent may deviate from its rates that are in effect for the title insurer or title insurance...
Article 4.1 Open Competition Rates and Rating Organizations
- § 20-381 Definitions
In this article, unless the context otherwise requires: 1. " Advisory organization" means any person other than a single insurer who assists insurers or...
- § 20-382 Scope Of Application
A. This article applies to all insurance on risks or on operations in this state, except: 1. Reinsurance, other than joint reinsurance to the...
- § 20-383 Rate Standards
A. An insurer shall not charge rates that are excessive, inadequate or unfairly discriminatory. An insurer shall not charge any rate which if continued...
- § 20-384 Rating Criteria
A. In setting rates, an insurer shall apply the criteria prescribed in this section. B. An insurer shall give due consideration to past and...
- § 20-385 Filing Of Rates
A. Except as to marine, inland marine and transportation risks, which by general custom of the business are not written according to manual rates...
- § 20-386 Filings Open To Inspection
The director shall open to public inspection at any reasonable time each filing and supporting information filed pursuant to this article except information in...
- § 20-387 Delegation Of Rate Making And Rate Filing Obligations
A. An insurer may establish rates and supplementary rate information based on the factors in section 20-384 using, if desired, the recommendations of an...
- § 20-388 Disapproval Of Rates
If the director finds that a rate is not in compliance with section 20-383, the director shall issue an order specifying in what respects...
- § 20-389 Rate Service Organizations; License; Application
A. A rate service organization shall not provide any service relating to the rates of any insurance subject to this article nor may any...
- § 20-390 Advisory Organizations; Filing With Director
A. An advisory organization shall not conduct its operations in this state until it files with the director: 1. A copy of its constitution,...
- § 20-391 Joint Underwriting And Joint Reinsurance Organizations; Filing With Director
A. Every group, association or other organization of insurers which engages in joint underwriting or joint reinsurance through such group, association or organization or...
- § 20-392 Rate Agreements Among Insurers Prohibited
A. Except with respect to apportionment agreements among insurers approved by the director pursuant to section 20-395, an insurer shall not assume any obligation...
- § 20-393 Recording And Reporting Of Experience
The director shall promulgate reasonable rules, including rules providing statistical plans, for use by all insurers in the recording and reporting of loss and...
- § 20-394 Examination Of Rate Service Organizations And Joint Underwriting And Joint Reinsurance Organizations
The director, as often as considered necessary, may examine each rate service organization, each advisory organization and each group, association or other organization filing...
- § 20-395 Apportionment Agreements Among Insurers
Insurers may make agreements among themselves with respect to equitable apportionment among them of insurance which may be afforded applicants who are in good...
- § 20-396 Hearing And Judicial Review
Any insurer, rate service organization or advisory organization to which the director has issued an order or decision may request a hearing pursuant to...
- § 20-397 Penalties; Exception
A. If the director finds that a person or organization has violated this article or any order of the director issued pursuant to this...
- § 20-398 Policy Forms; Approval Or Disapproval; Exemption
A. Except for fidelity, surety or guaranty bonds or industrial insurance as provided in section 20-400.10 and except as to inland marine risks that...
- § 20-399 Payment Of Dividends
This article does not prohibit or regulate the payment of dividends, savings or unabsorbed premium deposits allowed or returned by insurers to their policyholders,...
Article 4.2 Compliance With Filed Rates
Article 5 Unauthorized Insurers
- § 20-401 Definitions
In this article, unless the context otherwise requires: 1. " Affiliated" means, with respect to an insured, any entity that controls, is controlled by...
- § 20-401.01 Unlawful Transaction Of Insurance Business; Exemptions
A. It is unlawful for any insurer to transact insurance business, as provided by section 20-106, in this state without a certificate of authority...
- § 20-401.02 Violation; Cease And Desist Orders; Injunctive Relief
A. If the director has cause to believe that any insurer is violating or about to violate section 20-401.01, the director may order the...
- § 20-401.03 Service Of Process In An Action By The Director Of Insurance
A. Any act of transacting an insurance business in violation of section 20-401.01 by any unauthorized insurer is equivalent to and shall constitute an...
- § 20-401.04 Action By Attorney General To Enforce Order Or Decision Of Court Or Director; Foreign Decrees
A. The attorney general upon request of the director may proceed in the courts of this state or any reciprocal state to enforce an...
- § 20-401.05 Certificate Of Exemption; Definitions
A. On July 1 of each year, the director shall grant a certificate of exemption to any insurer, employee benefit trust or voluntary employees'...
- § 20-401.06 Unauthorized Transactions; Classification
Any unauthorized insurer who knowingly transacts any unauthorized act of an insurance business is guilty of a class 5 felony.
- § 20-401.07 Premium Receipts Tax On Industrial Insureds Contracting With Unauthorized Insurer; Definitions
A. Every industrial insured under a contract procured from an unauthorized insurer shall pay to the director for coverage on Arizona single-state risks or...
- § 20-402 Validity Of Contracts
A. The transaction of business in violation of section 20-401.01 by an insurer does not impair the validity of any act or contract of...
- § 20-403 Service Of Process In An Action By Someone Other Than The Director Of Insurance
A. The transaction of an insurance business in this state, as provided in section 20-106, by, or on behalf of, an unauthorized nonresident insurer...
- § 20-404 Exemptions
Sections 20-403, 20-405 and 20-406 shall not apply to such transactions as are prescribed in section 20-401.01, paragraphs 1, 2, 3, 4, 5, 7...
- § 20-405 Prerequisites For Participating In Court Action
Before an unauthorized insurer may initiate any action or proceeding in this state, the insurer shall procure a certificate of authority to transact insurance...
- § 20-406 Attorneys' Fees In Action Against Insurer
In any action against an unauthorized insurer pursuant to section 20-403, if the insurer has failed for thirty days after demand prior to the...
- § 20-407 Surplus Lines; Brokers
A. Any portion or all of an insurance coverage designated in this article as " surplus lines" may be procured from unauthorized insurers subject...
- § 20-408 Report Of Broker; Civil Penalty
A. A broker procuring surplus lines insurance on behalf of an insured whose home state is Arizona shall file with the director on or...
- § 20-409 Recognized Surplus Lines
A. If after a hearing the director finds that a particular insurance coverage or type, class or kind of coverage is not readily procurable...
- § 20-410 Validity Of Surplus Lines Insurance; Disclosure; Policy Fees
A. Insurance contracts procured as surplus lines coverage are fully valid and enforceable as to all parties and shall be recognized in all matters...
- § 20-411 Licensing Of Surplus Lines Broker; Examination
A. A person shall not act as a surplus lines broker in this state on behalf of an insured whose home state is Arizona...
- § 20-411.01 Licensing Of Mexican Insurance Surplus Lines Broker
A. Any resident or nonresident licensed insurance producer that maintains an office in this state may be licensed as a Mexican insurance surplus lines...
- § 20-411.02 Nonresident Surplus Lines Broker; Remittance Of Tax On Insurance Procured Out Of State
A. The director shall license a nonresident person as a surplus lines broker in accordance with section 20-287. B. Except as otherwise provided, a...
- § 20-412 Acceptance Of Surplus Lines Business By Broker
A licensed surplus lines broker may accept or place surplus lines business from any insurance producer licensed in this state for the kind of...
- § 20-413 Placing Of Surplus Lines Coverage; Endorsement By Broker; List Of Unauthorized Insurers; Removal From List; Definition
A. A surplus lines broker shall not knowingly place any surplus lines coverage on behalf of an insured whose home state is Arizona with...
- § 20-414 Records Of Surplus Lines Brokers
Each surplus lines broker shall keep in the broker's principal place of business a full and true record of each surplus lines contract procured...
- § 20-415 Statement Of Surplus Lines Insurance Business Transacted By Broker; Reporting Periods
A. Each surplus lines broker shall file with the director a statement of all surplus lines insurance business covering Arizona risks transacted by the...
- § 20-416 Tax On Surplus Lines
A. On or before the due date prescribed in section 20-415, each surplus lines broker shall remit to the state treasurer through the director...
- § 20-416.01 Collection And Payment Of Tax On Surplus Lines; Multistate Agreement
A. In accordance with the nonadmitted and reinsurance reform act of 2010, the director may enter into a compact or multistate agreement to provide...
- § 20-417 Failure To Remit Tax; Civil Penalty
If any surplus lines broker fails to remit the surplus lines tax provided for by section 20-416, the broker is liable for a civil...
- § 20-418 Denial, Revocation Or Suspension Of License; Civil Penalty
A. The director may deny or suspend for not more than twelve months, revoke or refuse to renew any surplus lines broker's license and,...
- § 20-419 Legal Process Against Surplus Lines Insurer
A. Every unauthorized nonresident insurer issuing or delivering a surplus lines policy through a surplus lines broker in this state is conclusively deemed to...
- § 20-420 Exemptions From Surplus Lines Provisions
A. The sections of this article relating to surplus lines coverages do not apply to reinsurance or to the following classes of insurance placed...
- § 20-421 Access Of Director To Records Of Person Insured By Unauthorized Insurer
Upon the director's request any person in this state who is the insured under any policy issued by an unauthorized insurer upon a subject...
- § 20-422 Alien Insurance For Coverage In Mexico
A. A person shall not solicit or accept applications in this state for insurance or collect a commission on a policy that is to...
- § 20-423 Voluntary Domestic Organization Of Surplus Lines Brokers; Membership; Stamping Fee Collection; Meetings; Definition
A. A voluntary domestic organization of surplus lines brokers that contracts with the director pursuant to section 20-167, subsection G shall be incorporated in...
Article 6 Unfair Practices and Frauds
- § 20-441 Purpose Of Article; Definition
A. Among the purposes of this article is the regulation of trade practices in the business of insurance in accordance with the intent of...
- § 20-442 Unfair Trade Practices Prohibited
No person shall engage in this state in any trade practice which is prohibited by this article, or defined in this article as, or...
- § 20-443 Misrepresentations And False Advertising Of Policies; False Disclosure Of Compensation
A. A person shall not make, issue or circulate, or cause to be made, issued or circulated, any estimate, illustration, circular, sales material or...
- § 20-443.01 Misrepresentation In Sale Of Insurance; Violation; Classification
A. It is unlawful for a person to knowingly make any misrepresentation as proscribed by section 20-443 in the sale of insurance. B. A...
- § 20-443.02 Stranger Originated Life Insurance
A. Intentionally practicing or planning to initiate a life insurance policy for the benefit of a person or entity that lacks an insurable interest...
- § 20-444 False Or Deceptive Advertising Of Insurance Or Status As Insurer
A. No person shall make, publish, disseminate, circulate or place before the public, or cause, directly or indirectly, to be made, published, disseminated, circulated...
- § 20-445 Defamation
No person shall make, publish, disseminate or circulate, directly or indirectly, or aid, abet or encourage the making, publishing, disseminating or circulating of any...
- § 20-446 Acts Tending To Result In Unreasonable Restraint Or Monopoly Of Insurance Business
No person shall enter into any agreement to commit, or by any concerted action commit, any act of boycott, coercion or intimidation resulting in...
- § 20-447 False Financial Statements Or Records
A. No person shall file with any public official, or make, publish, disseminate, circulate or deliver to any person, or place before the public,...
- § 20-448 Unfair Discrimination; Definitions
A. A person shall not make or permit any unfair discrimination between individuals of the same class and equal expectation of life in the...
- § 20-448.01 Required Insurance Procedures Relating To Hiv Information; Confidentiality; Violations; Penalties; Definitions
A. In this section unless the context otherwise requires: 1. " Confidential HIV-related information" means information concerning whether a person has had an HIV-related...
- § 20-448.02 Genetic Testing; Informed Consent; Definitions
A. Except as otherwise specifically authorized or required by this state or by federal law, a person shall not require the performance of or...
- § 20-449 Rebates On Life Or Disability Insurance
Except as otherwise expressly provided by law, no person shall knowingly permit or offer to make or make any contract of life insurance, life...
- § 20-450 Practices Not Prohibited As Discrimination Or Rebates In Life And Disability Insurance; Wellness Programs
A. Nothing in section 20-448 or 20-449 shall be construed as including within the definition of discrimination or rebates any of the following practices:...
- § 20-451 Rebates On Other Than Life Or Disability Insurance
No insurer or employee, insurance producer or representative thereof shall knowingly charge, demand or receive a premium for any policy of insurance, other than...
- § 20-452 Prohibited Inducements
Except as permitted in sections 20-453 and 20-454, any insurer, insurance producer or other person, as an inducement to insurance or in connection with...
- § 20-452.01 Designation Of Particular Insurer Or Person Transacting Insurance Prohibited
No person engaged in the business of financing the purchase of real or personal property or of lending money on the security of real...
- § 20-452.02 Exceptions
Section 20-452.01 shall not prevent: 1. The exercise by any person engaged in such business of his right to approve or disapprove of the...
- § 20-452.03 Evidence Of Nonviolation
In any trial, hearing or proceeding to determine a violation of section 20-452.01, a written statement or authorization signed by the person for whom...
- § 20-452.04 Investigation By Director Of Alleged Violations
The director may investigate any person, whether licensed or not, for the purpose of determining if there has been any violation of section 20-452.01;...
- § 20-453 Programs For Purchase By Policyholders Of Securities Of Insurance Companies
Notwithstanding the provisions of section 20-452 and notwithstanding any other provision of law, domestic life insurers, whether of the stock, mutual, fraternal or limited...
- § 20-454 Programs For Purchase By Policyholders Of Securities Of Companies Not Engaged In Insurance
Notwithstanding the provisions of section 20-452 and notwithstanding any other provision of law, domestic life insurers, whether of the stock, mutual, fraternal or limited...
- § 20-455 Interlocking Ownership Or Management; Multiple Directorship
A. Any insurer may retain, invest in or acquire the whole or any part of the capital stock of any other insurer or insurers,...
- § 20-456 Cease And Desist Order For Defined Or Prohibited Practices; Civil Penalty
A. If after a hearing the director finds that the person charged has engaged or is engaging in any act or practice defined in...
- § 20-457 Premature Disposal Of Premium Notes Prohibited
An insurer and its insurance producer shall not hypothecate, sell or dispose of a promissory note received in payment of any part of a...
- § 20-458 Fraudulent Statement In Application; Classification
Any life insurance producer, examining physician or other person who knowingly makes a false or fraudulent statement or representation in or relative to an...
- § 20-459 Deferred Dividends; Life
On and after January 1, 1961, no person shall make or issue or offer to make or issue any contract of life insurance or...
- § 20-460 Free Choice Of Insurance Producer
No casualty or property insurance company, including any subsidiary of any such company, may offer any insurance program in this state to exclusive insurance...
- § 20-461 Unfair Claim Settlement Practices
A. A person shall not commit or perform with such a frequency to indicate as a general business practice any of the following: 1....
- § 20-462 Timely Payment Of Claims
A. From and after July 15, 1986 any first party claim not paid within thirty days after the receipt of an acceptable proof of...
- § 20-463 Fraud; Injunction; Penalties; Restitution; Definitions
A. It is a fraudulent practice and unlawful for a person to knowingly: 1. Present, cause to be presented or prepare with the knowledge...
- § 20-463.01 Unlawful Practices; Auto Glass Repair; Policyholders; Insurers
A. It is an unlawful practice for a person who sells or repairs auto glass to knowingly: 1. Submit a false claim to an...
- § 20-464 Prohibiting Payment For Services To Persons Other Than The Assignee
If an insured assigns to a covered health care provider performing services covered by the contract payment for benefits under a disability insurance contract,...
- § 20-465 Fees; Deposits; Exception
A. An insurer and insurance producer shall not charge or receive any fee or service charge in addition to the premium charged for services...
- § 20-466 Fraud Unit; Peace Officer Status; Powers; Information Sharing Duty Of Insurers
A. A fraud unit is established in the department of insurance. B. The fraud unit shall work in conjunction with the department of public...
- § 20-466.01 Fraud; Classification
A person who violates section 20-463 or 20-463.01 with the intent to injure, defraud or deceive an insurer is guilty of a class 6
- § 20-466.02 Injunction; Restitution; Civil Penalties; Costs
A. On request by the director, the attorney general may seek and obtain in an action in the superior court an injunction that prohibits...
- § 20-466.03 Notice Of Penalty For False Or Fraudulent Claims; Definition
A. The claims forms provided by an insurer to an insured or any other person for filing a notice or making a claim in...
- § 20-466.04 Referrals To Other Licensing Agencies; Definition
A. The director shall forward to the appropriate licensing agency the name of any person who is convicted of, enjoined from or penalized for...
- § 20-467 Return Premiums; Penalties
All insurers and insurance producers shall comply with the requirements prescribed in sections 6-1415 and 6-1416. In addition to any penalty provided by law,...
- § 20-468 Motor Vehicle Loss; Policyholder Choice Of Repair Facility
A. For repair facilities other than glass repair facilities and subject to the rights of an insurer to receive notice of loss or claim...
- § 20-469 Motor Vehicle Loss; Choice Of Glass Repair Facility
Unless otherwise prescribed by contract, a person in this state has the right to choose any glass repair facility for the repair of a...
- § 20-469.01 Third Party Administrator; Glass; Violation; Classification; Definition
A. If a third party administrator recommends or provides information about a glass repair facility to a customer, the third party administrator shall inform...
Article 7 Insurance on Collateral Security
Article 8 Insurance Holding Company Systems
- § 20-481 Definitions
In this article, unless the context otherwise requires: 1. " Affiliate" or person " affiliated" with a specific person means a person that directly,...
- § 20-481.01 Investment Limitations; Exemptions
A. Any domestic insurer, either by itself or in cooperation with one or more persons, may organize or acquire one or more subsidiaries subject...
- § 20-481.02 Tender Offers; Required Statements; Disclosures; Approval Or Disapproval By Director; Definition
A. No person other than the issuer shall make a tender for or a request or invitation for tenders of a voting security of...
- § 20-481.03 Contents Of Statement
A. The statement to be filed with the director as provided in section 20-481.02 shall be made under oath or affirmation and shall contain...
- § 20-481.04 Statement Filed By Partnership, Corporation Or Other Group
A. If the person required to file the statement referred to in section 20-481.02 is a partnership, limited partnership, syndicate or other group, the...
- § 20-481.05 Material Change Of Fact; Filing Amended Statement; Time
If any material change occurs in the facts set forth in the statement filed with the director and sent to such insurer pursuant to...
- § 20-481.06 Use Of Other Statements
If any offer, request, invitation, agreement or acquisition referred to in section 20-481.02 is proposed to be made by means of a registration statement...
- § 20-481.07 Approval And Issues; Notice; Hearings
A. The director shall approve any merger or other acquisition of control described in section 20-481.02 unless the director finds that: 1. The merger...
- § 20-481.08 Appointment Of Director As Agent For Service Of Process; Forwarding Of Process; Consent To Jurisdiction
Any person who is not a resident, domiciled in this state, or authorized to do business in this state and files a statement as...
- § 20-481.09 Registration Of Insurers; Deadline
A. Every insurer that is authorized to do business in this state and that is a member of an insurance holding company system shall...
- § 20-481.10 Form And Content Of Registration Statement; Disclosure Of Information; Enterprise Risk Filing
A. Every insurer subject to registration shall file a registration statement on a form provided by the director, which shall contain current information concerning:...
- § 20-481.11 Exemption For Nonmaterial Items
A. No information need be disclosed on the registration statement filed under section 20-481.10 if such information is not material. B. Unless otherwise prescribed...
- § 20-481.12 Standards
A. Transactions within an insurance holding company system to which an insurer subject to registration is a party are subject to the following standards:...
- § 20-481.13 Material Changes; Amended Statement; Time; Reporting Of Dividends
A. Each registered insurer shall keep current the information required to be disclosed in its registration statement by reporting all material changes or additions...
- § 20-481.14 Termination Of Registration
The director shall terminate the registration of any insurer which demonstrates that it no longer is a member of an insurance holding company system.
- § 20-481.15 Consolidated Registration By Affiliates
The director may require or allow two or more affiliated insurers subject to registration to file a consolidated registration statement or consolidated reports amending...
- § 20-481.16 Alternative Registration For An Affiliate
The director may allow an insurer which is authorized to do business in this state and which is part of an insurance holding company...
- § 20-481.17 Exemption By Director
The provisions of sections 20-481.09 to 20-481.16, inclusive, relating to registration, shall not apply to any insurer, information or transaction if and to the...
- § 20-481.18 Disclaimer Of Affiliation Or Control; Contents; Effect On Duty To Register
A. Any person may file with the director a disclaimer of affiliation or control with any authorized insurer or such a disclaimer may be...
- § 20-481.19 Extraordinary Dividend Or Distribution; Time; Notice; Approval By Director; Definition
A. No insurer subject to registration under section 20-481.09 shall pay an extraordinary dividend or make any other extraordinary distribution to its shareholders until...
- § 20-481.20 Examination Of Registered Insurers; Powers; Limits; Expense
A. In addition to the powers that the director has under sections 20-156 to 20-160, inclusive, relating to the examination of insurers, the director...
- § 20-481.21 Confidential Records; Consent To Release; Release Without Consent; Information Sharing
A. All documents, materials or other information that is in the possession or control of the department and that is obtained by or disclosed...
- § 20-481.22 Power To Make Rules
The director may, upon notice and opportunity for all interested persons to be heard, issue such rules and orders as shall be necessary to...
- § 20-481.23 Violations
The following acts or omissions shall be deemed to be violations of this article: 1. The intentional failure to file or make any statement,...
- § 20-481.24 Adequacy Of Surplus
For purposes of this article, in determining whether an insurer's surplus as regards policyholders is reasonable in relation to the insurer's outstanding liabilities and...
- § 20-481.25 Acquisitions Involving Insurers Not Otherwise Covered; Anticompetitive Considerations; Civil Penalty; Definitions
A. Except as provided in subsection B of this section, this section applies to any acquisition in which there is a change in control...
- § 20-481.26 Penalties; Cease And Desist Order; Violation; Classification
A. An insurer failing to file without just cause a registration statement required by this article after notice and a hearing shall pay a...
- § 20-481.27 Recovery; Liability
A. If an order for liquidation or rehabilitation of a domestic insurer has been entered, the receiver appointed under that order has a right...
- § 20-481.28 Insurer's License; Revocation; Suspension; Nonrenewal
If it appears to the director that a person has committed a violation of this article which makes the continued operation of an insurer...
- § 20-481.29 Injunctions; Prohibitions Against Voting Securities; Sequestration Of Voting Securities
A. If it appears to the director that an insurer or a director, officer, employee or agent has committed or is about to commit...
- § 20-481.30 Judicial Review; Special Action
A. Notwithstanding section 20-166, any person aggrieved by any act, determination, rule, regulation or order or any other action of the director pursuant to...
- § 20-481.31 Supervisory Colleges
A. With respect to any insurer registered under section 20-481.09 and in accordance with subsection C of this section, in order to determine compliance...
- § 20-481.32 Management Of Domestic Insurers Subject To Registration
A. Notwithstanding the control of a domestic insurer by any person, the officers and directors of an insurer may not be relieved of any...
Article 9 Insurance Administrators
Article 10 Reinsurance Intermediaries
- § 20-486 Definitions; Director's List
A. In this article, unless the context otherwise requires: 1. " Actuary" means a person who is a member in good standing of the...
- § 20-486.01 Licensure Of Reinsurance Intermediaries
A. A person, firm, association or corporation shall not act as a reinsurance intermediary broker in this state unless: 1. With respect to a...
- § 20-486.02 Required Contract Provisions; Reinsurance Intermediary Brokers
A reinsurance intermediary broker and the insurer it represents as a reinsurance intermediary shall enter into a written contract that specifies the responsibilities of...
- § 20-486.03 Books And Records; Reinsurance Intermediary Brokers
A. For at least ten years after a contract of reinsurance transacted by the reinsurance intermediary broker expires, the reinsurance intermediary broker shall maintain...
- § 20-486.04 Duties Of Insurers Utilizing The Services Of A Reinsurance Intermediary Broker
A. An insurer shall not engage the services of a person, firm, association or corporation to act as a reinsurance intermediary broker on its...
- § 20-486.05 Required Contract Provisions; Reinsurance Intermediary Managers
A reinsurance intermediary manager and the reinsurer it represents as a reinsurance intermediary shall enter into a written contract that specifies the responsibilities of...
- § 20-486.06 Books And Records; Reinsurance Intermediary Managers
A. For at least ten years after a contract of reinsurance transacted by the reinsurance intermediary manager expires, the reinsurance intermediary manager shall maintain...
- § 20-486.07 Prohibited Acts; Reinsurance Intermediary Managers
The reinsurance intermediary manager shall not: 1. Cede retrocessions on behalf of the reinsurer, except that the reinsurance intermediary manager may cede facultative retrocessions...
- § 20-486.08 Duties Of Reinsurers Utilizing The Services Of A Reinsurance Intermediary Manager
A. A reinsurer shall not engage the services of a person, firm, association or corporation to act as a reinsurance intermediary manager on its...
- § 20-486.09 Examination Authority
A. A reinsurance intermediary is subject to examination by the director. The director shall have access to all books, bank accounts and records of...
- § 20-486.10 Penalties And Liabilities
A. A reinsurance intermediary, insurer or reinsurer that after a hearing is found by the director to be in violation of this article: 1....
- § 20-486.11 Adoption Of Rules
The director may adopt rules for the implementation and administration of the provisions of this article.
Article 11 Producer Controlled Property and Casualty Insurance
- § 20-487 Definitions
In this article, unless the context otherwise requires: 1. " Accredited state" means a state in which the insurance department or other regulatory agency...
- § 20-487.01 Applicability
This article applies to licensed insurers that are domiciled in this state or are domiciled in a state that is not an accredited state...
- § 20-487.02 Minimum Standards
A. A controlled insurer shall not accept business from a controlling producer and a controlling producer shall not place business with a controlled insurer...
- § 20-487.03 Disclosure
Before the effective date of the policy, the controlling producer shall deliver written notice to the prospective insured disclosing the relationship between the producer...
- § 20-487.04 Penalties
A. If the director believes that a controlling producer or other person has not materially complied with this article or any rule adopted under...
Article 12 Risk-Based Capital for Insurers
- § 20-488 Definitions
In this article, unless the context otherwise requires: 1. " Adjusted RBC report" means a report that has been adjusted by the director in...
- § 20-488.01 Risk‑based Capital Reports
A. On or before the later of March 1 or its annual statement filing due date, each domestic insurer shall annually prepare and submit...
- § 20-488.02 Company Action Level Event
A. If a company action level event occurs, the insurer shall prepare and submit to the director an RBC plan. The plan shall: 1....
- § 20-488.03 Regulatory Action Level Event
A. If a regulatory action level event occurs, the director shall: 1. Require the insurer to submit an RBC plan or, if applicable, a...
- § 20-488.04 Authorized Control Level Event
If an authorized control level event occurs with respect to an insurer, the director shall either: 1. Take those actions that are required under...
- § 20-488.05 Mandatory Control Level Event
A. If a mandatory control level event occurs, the director shall take any actions that are necessary to place the insurer under regulatory control...
- § 20-488.06 Hearings
A. An insurer has the right to a hearing to challenge any determination or action made or taken by the director on the occurrence...
- § 20-488.07 Confidentiality; Information Sharing
A. With respect to a domestic insurer or foreign insurer, the director shall keep confidential all information that is contained in RBC reports and...
- § 20-488.08 Supplemental Provisions; Rules; Exemption
A. This article is supplemental to any other laws of this state and does not preclude or limit any other powers or duties of...
- § 20-488.09 Foreign Insurers
A. On request of the director, a foreign insurer shall submit an RBC report to the director as of the end of the previous...
- § 20-488.10 Notice
All notices by the director under this article to an insurer that may result in regulatory action are effective on mailing if they are...
- § 20-488.11 Immunity
In addition to any other immunity provided by law, the director, the department or the employees or agents of the department are not liable...
Article 13 Violent Crime Control and Law Enforcement Act
Article 14 Enforcement of Insurance Policies Affecting Certain Holocaust Victims
- § 20-490 Definitions
In this article, unless the context otherwise requires: 1. " Holocaust victim" means a person who was killed or injured or who lost real...
- § 20-490.01 Suspension Of Limitations Period
A. Notwithstanding any other law, a holocaust victim or the heir, assignee, beneficiary or successor of a holocaust victim who resides in this state...
- § 20-490.02 Enforcement; Civil Penalty
A. An insurer that fails to comply with a claim brought pursuant to this article by denying the claim on the grounds that the...
Chapter 3 FINANCIAL PROVISIONS AND PROCEDURES
Article 1 Assets and Liabilities
- § 20-501 Eligible Assets
In any determination of the financial condition of an insurer, the department shall allow only those assets that are owned by the insurer and...
- § 20-502 Assets As Deductions From Liabilities
Assets may be allowed as deductions from corresponding liabilities, and liabilities may be charged as deductions from assets, and deductions from assets may be...
- § 20-503 Assets Not Allowed As Deductions From Liabilities
In addition to assets impliedly excluded by section 20-501, the department shall not allow the following as assets in any determination of the financial...
- § 20-504 Reporting Assets Not Allowed
All assets not allowed and all other assets of doubtful value or character included as assets in any statement by an insurer to the...
- § 20-505 Liabilities
In any determination of the financial condition of an insurer, capital stock and liabilities to be charged against its assets shall include: 1. The...
- § 20-506 Unearned Premium Reserve
A. With reference to insurance against loss or damage to property, except as provided in section 20-507, and with reference to all general casualty...
- § 20-507 Unearned Premium Reserve For Marine Insurance
With reference to marine insurance, premiums on trip risks not terminated shall be deemed unearned, and the director may require the insurer to carry...
- § 20-508 Reserves For Disability Insurance
For all disability insurance policies the insurer, in addition to claim reserves, shall maintain an active life reserve which shall place a sound value...
- § 20-509 Increase Of Inadequate Reserves
A. If the director determines that an insurer's unearned premium reserve, however computed, is inadequate, the director may require the insurer to compute the...
- § 20-510 Standard Valuation Law; Operative Date; Definitions
A. This section may be cited as the standard valuation law. B. For the purposes of this section, the following definitions apply on or...
- § 20-511 Valuation Of Bonds; Limitation
A. All bonds or other evidences of debt having a fixed term and rate of interest and held by any insurer may, if amply...
- § 20-512 Valuation Of Other Securities
A. Securities, other than those referred to in section 20-511, held by an insurer shall be valued, in the discretion of the director, at...
- § 20-512.01 Valuation Of Joint Ventures, Partnerships And Limited Liability Companies
Joint ventures, partnerships and limited liability companies shall be valued based on the underlying equity reported in the entity's financial statements pursuant to the...
- § 20-513 Valuation Of Real And Personal Property
A. Real property acquired pursuant to a mortgage loan or contract for sale, in the absence of a recent appraisal deemed by the director...
- § 20-514 Valuation Of Purchase Money Mortgages
Purchase money mortgages on real property referred to in subsection A of section 20-513 shall be valued in an amount not exceeding the acquisition...
- § 20-515 Valuation Of Assets Held In Separate Accounts
Assets, unless otherwise approved by the director, allocated to a separate account established pursuant to section 20-651 shall be valued at their market value...
- § 20-516 Reserve Standards
An insurer shall maintain reserves that place a sound value on its liabilities under its policies, annuities and subscriber contracts. The reserves shall not...
- § 20-517 Report Of Acquisitions And Dispositions
A. Each insurer that is domiciled in this state shall file with the director a report that discloses material acquisitions and dispositions of assets...
- § 20-518 Acquisitions And Dispositions Of Assets
A. An acquisition or disposition of assets that is not material does not have to be reported pursuant to section 20-517. B. Asset acquisitions...
- § 20-519 Nonrenewals, Cancellations Or Revisions Of Ceded Reinsurance Agreements
A. A nonrenewal, cancellation or revision of a ceded reinsurance agreement that is not material does not have to be reported pursuant to section...
Article 2 Investments
- § 20-531 Scope Of Article
Except as to section 20-559, this article applies to domestic insurers only. This article shall apply to domestic title insurers except as provided in...
- § 20-532 Eligible Investments
A. Insurers shall invest in or loan their funds on the security of, and shall hold as assets, only eligible investments as prescribed in...
- § 20-533 Qualification Of Securities Or Property As Eligible Investments
A. No security or investment, other than real and personal property acquired pursuant to section 20-556, shall be eligible for acquisition unless it is...
- § 20-534 Approval Of Investment
No investment or loan shall be made by an insurer unless it has been authorized or approved by the insurer's board of directors or...
- § 20-535 Limitation On Percentage Of Assets Invested With Single Person; Exception
An insurer shall not, except with the consent of the director, have at any one time any combination of investments in or loans upon...
- § 20-536 Investments; Type; Limitations
A. Every insurer may invest and maintain invested funds in cash and in the securities and investments described in this article without limitation unless...
- § 20-536.01 Separate Accounts
A. Except as may be provided with respect to reserves for guaranteed benefits referred to in section 20-651, subsection C, amounts allocated to any...
- § 20-537 Investment Of Funds In United States Obligations; Accounting
A. An insurer may invest any of its funds in: 1. Bonds or other evidences of indebtedness of the United States or any of...
- § 20-538 Securities Of States, Territories, Counties, Municipalities, School Districts, Political Subdivisions, Public Districts Or Civil Divisions Thereof
An insurer may invest any of its funds in bonds or other evidences of indebtedness not in default as to principal or interest, which...
- § 20-539 Federally Guaranteed Loans
An insurer may invest any of its funds in loans guaranteed as to principal and interest by the United States or by any agency...
- § 20-540 Governmental Revenue Bonds And Obligations; Limitation; Definitions
A. An insurer may invest in bonds, notes or evidences of indebtedness of any state, any political subdivision of a state or any political...
- § 20-541 Improvement District Obligations
An insurer may invest in bonds, notes or evidences of indebtedness issued by any local improvement district in this or any other state to...
- § 20-543 Acceptances And Bills Of Exchange
An insurer may invest in bank and bankers' acceptances and other bills of exchange of the kind and maturity made eligible pursuant to law...
- § 20-544 Corporate Obligations
An insurer may invest in bonds, debentures, notes, commercial paper and other evidences of indebtedness issued, assumed or guaranteed by any solvent institution created...
- § 20-545 Preferred, Guaranteed Or Preference Stock
An insurer may invest in preferred, guaranteed or preference stocks or shares of any solvent institution created or existing under the laws of the...
- § 20-546 Common Stocks
An insurer may invest in nonassessable, except for taxes or wages, common stocks or shares of any solvent institution, created or existing under the...
- § 20-547 Equipment Trust Certificates
An insurer may invest in equipment trust obligations or certificates which in the opinion of the director are adequately secured, or other instruments so...
- § 20-548 Obligations Of Receivers Or Trustees
An insurer may invest in certificates, notes or other obligations issued by trustees or receivers of any institution created or existing under the laws...
- § 20-549 Investments Not Otherwise Authorized; Limitations; Appraisal; Cost
A. An insurer may make loans or investments not otherwise qualifying or permitted under this article in an amount not exceeding in the aggregate...
- § 20-550 Policy Loans
A life insurer may lend to its policyholder upon pledge of the policy as collateral security a sum not exceeding the applicable cash surrender...
- § 20-551 Investments Or Deposits In Financial Institutions
A. An insurer may invest or deposit any of its funds in share, checking or savings accounts, in certificates of deposit or in any...
- § 20-552 Foreign Securities
A. An insurer may make investments in securities of or in a foreign country possessing characteristics and of a quality similar to those required...
- § 20-552.01 Canadian Investments; Definition
A. An insurer may make investments in securities of or in Canada possessing characteristics and of a quality similar to those required pursuant to...
- § 20-553 Mortgages On Real Estate; Definitions
A. An insurer may invest any of its funds in bonds, notes or other evidences of indebtedness that are secured by first mortgages or...
- § 20-554 Purchase Money Mortgages
An insurer may invest in purchase money mortgages or like securities, received by it upon the sale or exchange of real property theretofore owned...
- § 20-555 Security Agreements; Definition
A. In connection with a mortgage loan on the security of real property designed and used primarily for residential purposes only, which mortgage loan...
- § 20-556 Real Property
An insurer, including for the purposes of this section a reciprocal insurer, may invest in real property only if acquired or used for the...
- § 20-557 Second Mortgages
A. An insurer may invest in bonds, notes or other evidences of indebtedness that are secured by second mortgages or deeds of trust on...
- § 20-558 Investment Company Or Trust; Mutual Funds
An insurer may invest in the securities of any open end management type investment company, investment trust or mutual fund registered with the United...
- § 20-559 Investments Of Foreign And Alien Insurers
A. Foreign and alien insurers transacting insurance in this state shall have assets of the same general character and quality, and have invested in...
- § 20-560 Derivative Transactions; Definitions
A. An insurer, directly or indirectly through an investment subsidiary, may use derivative instruments to engage in hedging transactions, income generation transactions and replication...
- § 20-561 Collateral Loans
A. An insurer may lend its funds in negotiable promissory notes on the pledge of any investment that qualifies under this article, other than...
- § 20-562 Insurer Investments; Partnerships; Limited Liability Companies; Limitations
A. An insurer that meets the standards prescribed in subsection B may invest in a partnership or limited liability company interest if the investments...
Article 3 Administration of Deposits
Article 4 Rehabilitation and Liquidation
- § 20-611 Definitions
For the purpose of this article: 1. " Ancillary state" means any state other than a domiciliary state. 2. " Commodity exchange act" means...
- § 20-612 Delinquency Proceedings; Jurisdiction; Venue; Nature Of Remedy; Appeal
A. The superior court is vested with exclusive original jurisdiction of delinquency proceedings under this article, and is authorized to make all necessary and...
- § 20-613 Commencement Of Delinquency Proceedings
A. The director of insurance shall commence any such proceeding, the attorney general representing him, by an application to the court for an order...
- § 20-614 Injunctions
A. Upon application by the director for an order to show cause, or at any time thereafter, the court may without notice issue an...
- § 20-615 Grounds For Rehabilitation Of Domestic Insurers
The director may apply to the court for an order appointing the director as receiver of and directing the director to rehabilitate a domestic...
- § 20-616 Grounds For Liquidation
The director may apply to the court for an order appointing him as receiver, if his appointment as receiver is not then in effect,...
- § 20-617 Grounds For Conservation Of Foreign Insurers
The director may apply to the court for an order appointing him as receiver or ancillary receiver, and directing him to conserve the assets...
- § 20-618 Grounds For Conservation Of Alien Insurers
The director may apply to the court for an order appointing him as receiver or ancillary receiver, and directing him to conserve the assets...
- § 20-619 Grounds For Ancillary Liquidation Of Foreign Insurers
The director may apply to the court for an order appointing the director as ancillary receiver of and directing the director to liquidate the...
- § 20-620 Order Of Rehabilitation; Termination
A. An order to rehabilitate a domestic insurer shall direct the receiver to take immediate possession of the property of the insurer, to conduct...
- § 20-621 Order Of Liquidation Of Domestic Insurers
A. An order to liquidate the business of a domestic insurer shall direct the receiver to take immediate possession of the property of the...
- § 20-622 Order Of Liquidation Of Alien Insurers
An order to liquidate the business of a United States branch of an alien insurer having trusteed assets in this state shall be in...
- § 20-623 Order Of Conservation Or Ancillary Liquidation Of Foreign Or Alien Insurers
A. An order to conserve the assets of a foreign or alien insurer shall require the director as ancillary receiver to take immediate possession...
- § 20-623.01 Conduct Of All Delinquency Proceedings
A. In any delinquency proceeding, the receiver may appoint one or more special deputy receivers to act for the receiver and may employ, as...
- § 20-624 Conduct Of Delinquency Proceedings Against Domestic And Alien Insurers
A. When under this article a receiver is to be appointed in delinquency proceedings for a domestic or alien insurer, the court shall appoint...
- § 20-625 Conduct Of Delinquency Proceedings Against Foreign Insurers
A. When under this article an ancillary receiver is to be appointed in delinquency proceedings for an insurer not domiciled in this state, the...
- § 20-626 Claims Of Nonresidents Against Domestic Insurers
A. In a delinquency proceeding begun in this state against a domestic insurer, claimants residing in reciprocal states may file claims either with the...
- § 20-627 Claims Against Foreign Insurers
A. In a delinquency proceeding in a reciprocal state against an insurer domiciled in that state, claimants against the insurer who reside within this...
- § 20-628 Proof Of Claims; Notice; Hearing
A. All claims against an insurer against which delinquency proceedings have been begun shall set forth in reasonable detail the amount of the claim,...
- § 20-629 Priority Of Distribution; Definition
A. In a delinquency proceeding against an insurer domiciled in this state, the priority of distribution of claims from the general assets of the...
- § 20-630 Attachment And Garnishment Of Assets
During the pendency of delinquency proceedings in this or any reciprocal state, no action or proceeding in the nature of an attachment, garnishment or...
- § 20-631 Uniform Insurers Liquidation Act
A. Section 20-611, paragraphs 1, 4 through 7, 9, 11, 13 through 17 and sections 20-613, 20-614, 20-624, 20-625, 20-626, 20-627, 20-628, 20-629 and...
- § 20-632 Deposit Of Monies Collected
The monies collected by the receiver in a proceeding under this article shall be from time to time deposited in one or more state...
- § 20-634 Borrowing On Pledge Of Assets
For the purpose of facilitating the rehabilitation, liquidation, conservation or dissolution of an insurer pursuant to this article, the receiver may, subject to the...
- § 20-635 Rights And Liabilities Fixed As Of Date Liquidation Order Filed
The rights and liabilities of the insurer and of its creditors, policyholders, stockholders, members, subscribers and all other persons interested in its estate shall,...
- § 20-636 Voidable Transfers
A. Any transfer of, or lien upon, the property of an insurer which is made or created within four months prior to the granting...
- § 20-637 Qualified Financial Contracts; Definition
A. Notwithstanding any other provision of this article, a person shall not be enjoined or prohibited from exercising: 1. A contractual right to cause...
- § 20-638 Offsets
A. In all cases of mutual debts or mutual credits between the insurer and another person in connection with any action or proceeding under...
- § 20-639 Allowance Of Certain Claims
A. No contingent claim shall share in a distribution of the assets of an insurer which has been adjudicated to be insolvent by an...
- § 20-640 Time To File Claims
A. If, upon the granting of an order of liquidation under this article or at any time thereafter during the liquidation proceeding, the insurer...
- § 20-641 Report For Assessment
Within three years from the date an order of rehabilitation or liquidation of a domestic mutual insurer or a domestic reciprocal insurer was filed...
- § 20-642 Levy Of Assessment
A. Upon the basis of the report provided for in section 20-641, including any amendments thereof, the court, ex parte, may levy one or...
- § 20-643 Order To Pay Assessment
After levy of an assessment as provided in section 20-642, upon the filing of a further detailed report by the receiver the court shall...
- § 20-644 Publication And Service Of Assessment Order
The receiver shall cause a notice of the assessment order, setting forth a brief summary of the contents of the order, to be published...
- § 20-645 Judgment Upon Assessment
A. Upon the return day of the order to show cause provided for in section 20-643, if the member or subscriber does not appear...
- § 20-646 Cooperation With Arizona Property And Casualty Insurance Guaranty Fund And Life And Disability Insurance Guaranty Fund
The provisions of this article shall be construed to permit the orderly and effective payment of claims by the Arizona property and casualty insurance...
- § 20-647 Giving Guaranty Fund Or Association Immediate Access To Assets
A. As soon as practicable after a final determination of insolvency of an insurer by a court of competent jurisdiction of this state, the...
- § 20-648 Receivership Liquidation Fund; Purpose; Deposit; Expenses Of Receivership; Deputy Receiver; Powers And Duties
A. The director shall appoint a deputy receiver to administer the conservation, rehabilitation or liquidation of an insurer pursuant to this article. B. A...
- § 20-649 Extension Of Time
A. Except as provided in subsection D, if any law, rule, order or agreement fixes a period of time within which the insurer subject...
- § 20-650 Recovery Of Shareholder Liability
A. The receiver of an insurer may file a claim in the receivership proceeding to recover the liability of shareholders under article XIV, section...
Article 5 Separate Accounts
Article 6 Administration of Insolvency
- § 20-661 Definitions
In this article, unless the context otherwise requires: 1. " Account" means any one of the three accounts within the Arizona property and casualty...
- § 20-662 Insurance Guaranty Fund
A. The Arizona property and casualty insurance guaranty fund is established within the department of insurance. The fund shall be deposited in a depository...
- § 20-663 Guaranty Fund Board; Composition; Compensation
A. The guaranty fund board is established within the department of insurance consisting of eleven members who are appointed by the governor. Membership on...
- § 20-664 Powers And Duties Of The Board
A. The board shall: 1. Investigate claims brought against the fund and adjust, compromise, settle and pay covered claims to the extent of the...
- § 20-665 Plan Of Operation
A. The board shall submit to the director a fund plan of operation and any amendments necessary or suitable to assure the fair, reasonable...
- § 20-666 Assessments; Notification; Exemptions; Setoffs; Refunds
A. The board shall assess each member insurer, as a condition of such insurer's authority to transact insurance in this state, in such amounts...
- § 20-667 Obligations Of The Fund
A. The fund is obligated solely to the extent of the covered claims existing during any of the following periods: 1. Before the determination...
- § 20-668 Powers And Duties Of The Director
A. The director shall: 1. Report to the board when the director has reasonable cause to believe that any member insurer examined or being...
- § 20-669 Examination Of Member Insurer; Costs; Release Of Report
A. Within thirty days of receipt by the director of a request from the board to examine any member insurer, the director shall begin...
- § 20-670 Meetings; Information; Subpoena Power; Confidentiality
A. Upon receipt of notification from the board that a member insurer may be unable to fulfill its contractual obligations, the director shall meet...
- § 20-671 Special Meetings Closed
Notwithstanding any provision of law to the contrary, special meetings of the board in which the financial condition of any member insurer is discussed,...
- § 20-672 Effect Of Paid Claims
A. Any person recovering pursuant to this article shall be deemed to have assigned his or her rights under the policy to the fund...
- § 20-673 Nonduplication Of Recovery; Exhausting All Other Applicable Coverages; Rights Of Fund And Member Insurer; Definition
A. Any person having a claim against an insurer under any provision in an insurance policy that is also a covered claim shall be...
- § 20-674 Premium Tax Offset
A. The fund shall issue to each insurer paying an assessment pursuant to this article a certificate of contribution, in a form prescribed by...
- § 20-675 Immunity And Indemnification
A. There shall be no liability on the part of, and no cause of action shall rise against, the fund, any member insurer, the...
- § 20-676 Stay Of Proceedings
A. All proceedings in which the insolvent insurer or the insolvent insurer's insured is a party in any court of this state shall be...
- § 20-677 Interest
All interest earned on monies held and invested by the fund shall be credited to the account from which the funds were obtained. Investments...
- § 20-678 Examination Of The Fund; Annual Report
The fund shall be subject to examination by the director. The fund shall, annually, report its financial condition for the preceding year, to the...
- § 20-679 Limitations On Filing Of Creditor's Claims
A. Notwithstanding any other provision of this article, a covered claim shall not include a claim filed with the fund after the earlier of:...
- § 20-680 Exempt Types Of Insurance
A. This article applies to all kinds of insurance except: 1. Life. 2. Title. 3. Surety. 4. Disability. 5. Credit. 6. Mortgage guarantee. 7....
Article 7 Administration of Life and Disability Insurance Insolvencies
- § 20-681 Definitions
In this article, unless the context otherwise requires: 1. " Account" means any of the three accounts established pursuant to section 20-683. 2. "...
- § 20-682 Coverage; Limitations
A. This article provides coverage for the policies and contracts specified in subsection B of this section to: 1. A person who, regardless of...
- § 20-683 Life And Disability Insurance Guaranty Fund
A. There is established in the insurance department a life and disability insurance guaranty fund. The fund shall be deposited in a depository designated...
- § 20-684 Guaranty Fund Board; Meetings; Definition
A. Subject to the powers of the director, the life and disability insurance guaranty fund shall be administered by a board of nine members....
- § 20-685 Powers And Duties Of The Fund
A. If a member insurer is an impaired insurer, the fund subject to any conditions imposed by the fund that do not impair the...
- § 20-686 Assessments
A. For the purpose of providing the funds necessary to carry out the powers and duties of the fund, the fund shall assess the...
- § 20-687 Plan Of Operation
A. The board shall submit to the director a plan of operation and any amendments necessary to assure the fair, reasonable and equitable administration...
- § 20-688 Duties And Powers Of The Director
A. In addition to all other duties and powers enumerated in this article, the director shall: 1. Notify the board of directors of the...
- § 20-689 Prevention Of Impairments
To aid in the detection and prevention of insurer impairments and insolvencies: 1. The board of directors, on majority vote, shall notify the director...
- § 20-690 Financial Provisions
A. Nothing in this article shall be construed to reduce the liability for unpaid assessments of the insureds of an impaired insurer or insolvent...
- § 20-691 Examination Of The Fund; Annual Report
The fund shall be subject to examination and regulation by the director. The board of directors shall submit to the director, not later than...
- § 20-692 Premium Tax Offset
A. The board shall issue to each insurer paying an assessment pursuant to this article a certificate of contribution, in a form prescribed by...
- § 20-693 Immunity
There shall be no liability on the part of and no cause of action of any nature shall arise against the fund or its...
- § 20-694 Stay Of Proceedings; Reopening Default Judgments
All proceedings in which the impaired insurer or insolvent insurer or the impaired insurer's or insolvent insurer's insured is a party in any court...
- § 20-695 Statute Of Limitations
With respect to the handling of claims pursuant to section 20-687 the board may by resolution provide that claims not filed within four months...
Article 8 Life and Health Actuarial Opinion and Memorandum Requirements
Article 9 Property and Casualty Actuarial Opinion Requirements
Article 10 Audited Financial Reports
Chapter 4 PARTICULAR TYPES OF INSURERS
Article 1 Domestic Stock and Mutual Insurers
- § 20-701 Scope Of Article
A. This article shall apply to domestic stock insurers and domestic mutual insurers only, except that subsection B of section 20-715 and subsection C...
- § 20-702 "Mutual" Insurer Defined
A " mutual" insurer is an incorporated insurer without capital stock or shares, and which is owned by its policyholders.
- § 20-703 "Stock" Insurer Defined
A " stock" insurer is an incorporated insurer with capital divided into shares and owned by its shareholders.
- § 20-704 Applicability Of General Corporation Laws
The general statutes of this state relating to corporations formed for profit, except where inconsistent with the provisions of this title and the reasonable...
- § 20-705 Articles Of Incorporation
A. The articles of incorporation shall state: 1. The name of the corporation. If a mutual, the word " mutual" shall be a part...
- § 20-706 Filing And Publication Of Articles; Appointment Of Agent To Receive Process; Issuance Of Certificate
A. The articles of incorporation shall be filed in the office of the corporation commission, and certified copies thereof shall be filed with the...
- § 20-707 Amendment Of Articles
A. The articles of incorporation of a stock insurer increasing or reducing authorized capital or for other purposes may be amended in accordance with...
- § 20-708 Limited Stock Insurers
A. Domestic limited stock insurers may be formed, with capital and surplus as specified in sections 20-210 and 20-211, to transact life and disability...
- § 20-709 Formation Of Mutual Insurer; Applications For Insurance
A. Upon issuance of its certificate of incorporation by the corporation commission, the directors and officers of a domestic mutual corporation formed for the...
- § 20-710 Formation Of Mutuals; Trust Deposit Of Premiums; Issuance Of Policies
A. All sums collected by a domestic mutual corporation as premiums and fees on qualifying applications for insurance therein shall be deposited in trust...
- § 20-711 Initial Qualification Of Domestic Mutual Insurers
A. When newly organized a domestic mutual insurer may be authorized to transact any one kind of insurance other than title insurance. B. When...
- § 20-712 Additional Kinds Of Insurance Authorized To Be Issued By Mutual Insurer
A domestic mutual insurer after being authorized to transact one kind of insurance shall be authorized by the director to transact such additional kinds...
- § 20-713 Bylaws Of Mutual Insurer
A. The initial board of directors of a domestic mutual insurer shall adopt original bylaws for the government of the corporation and conduct of...
- § 20-714 Quorum Of Members Of Mutual Insurer
A domestic mutual insurer may in its bylaws adopt a reasonable provision for determining a quorum of members at any meeting thereof, but no...
- § 20-715 Membership In Mutual Insurer
A. Each holder of one or more insurance policies or contracts issued by a domestic mutual insurer, other than a contract of reinsurance, is...
- § 20-716 Rights Of Mutual Insurer Member
With respect to the management, records and affairs of the insurer, a member of a domestic mutual insurer shall have the same character of...
- § 20-717 Contingent Liability Of Mutual Insurer Members
A. Each member of a domestic mutual insurer shall, except as otherwise provided in this article with respect to nonassessable policies, have a contingent...
- § 20-718 Enforcement Of Contingent Liability
A. If at any time the assets of a domestic mutual insurer are less than its liabilities and the minimum amount of surplus required...
- § 20-719 Issuance Of Nonassessable Policies By Mutual Insurers
A. While it maintains on deposit with the state treasurer through the director surplus funds in an amount not less than the paid-in capital...
- § 20-720 Revocation Of Authority To Issue Nonassessable Policies
A. The director shall revoke the authority of a domestic mutual insurer to issue policies without contingent liability if at any time the insurer's...
- § 20-721 Participating Policies
A. If so provided in its articles of incorporation, a domestic stock or domestic mutual insurer may issue any or all of its policies...
- § 20-722 Stock Dividends
A. A domestic stock insurer shall not pay any cash dividend to stockholders except out of that part of its available surplus funds which...
- § 20-723 Dividends To Mutual Policyholders
A. The directors of a domestic mutual insurer may from time to time apportion and pay or credit to its members dividends only from...
- § 20-724 Illegal Dividends; Classification
A. Any director of a domestic stock or mutual insurer who knowingly votes for or concurs in declaration or payment of an illegal dividend...
- § 20-725 Borrowed Surplus
A. A domestic stock or mutual insurer may borrow money to defray the expenses of its organization, provide it with surplus funds or for...
- § 20-726 Prohibited Interests Of Officers And Directors In Certain Transactions
A. No director or officer of an insurer shall accept, except for the insurer, or be the beneficiary of any fee, brokerage, gift or...
- § 20-726.01 Insider Trading By Officers, Directors And Principal Stockholders
A. Every person who is directly or indirectly the beneficial owner of more than ten per cent of any class of equity security of...
- § 20-727 Management And Exclusive Agency Contracts
A. No domestic stock or mutual insurer shall make any contract whereby any person or persons are granted or are to enjoy in fact...
- § 20-728 Impairment Of Capital Or Assets
A. If the capital stock of a stock insurer becomes impaired, or the assets of a mutual insurer are less than its liabilities and...
- § 20-729 Conversion Of Stock Insurer To Mutual Insurer
A. A domestic stock insurer other than a title insurer may become a domestic mutual insurer pursuant to such plan and procedure as may...
- § 20-730 Conversion Of Mutual Insurer To Stock Insurer
A. A domestic mutual insurer may become a domestic stock insurer pursuant to such plan and procedure as it approved in advance by the...
- § 20-731 Merger Or Consolidation Of Stock Insurers; Hearings; Notice
A. Any domestic stock insurer except a title insurer may merge or consolidate with another domestic or foreign stock insurer by complying with the...
- § 20-732 Acceptance Of Reinsurance By Stock Insurers; Definition
A. A domestic stock insurer or a domestic limited stock insurer may accept reinsurance for the same kinds of insurance and within the same...
- § 20-733 Merger Or Consolidation Of Mutual Insurers
A. A domestic mutual insurer shall not merge or consolidate with a stock insurer. B. A domestic mutual insurer may merge or consolidate with...
- § 20-734 Acceptance Of Reinsurance By Mutual Insurers
A. A domestic mutual insurer may accept reinsurance for the same kinds of insurance and within the same limits as it is authorized to...
- § 20-735 Distribution Of Assets Of Mutual Insurer Upon Liquidation
A. Upon any liquidation of a domestic mutual insurer, its assets remaining after discharge of its indebtedness, policy obligations, repayment of contributed or borrowed...
- § 20-736 Transfer Of Direct Obligations; Assignment; Notice; Findings; Approval; Applicability
A. An authorized insurer shall not transfer or assign the insurer's direct obligations under any insurance contract or policy, including annuities and any guaranteed...
Article 2 Reciprocal Insurers
- § 20-761 "Reciprocal" Insurance Defined
" Reciprocal" insurance is that resulting from an inter-exchange among persons, known as " subscribers, " of reciprocal agreements of indemnity, the inter-exchange being...
- § 20-762 "Reciprocal Insurer" Defined
A " reciprocal insurer" means an unincorporated aggregation of subscribers operating individually and collectively through an attorney-in-fact to provide reciprocal insurance among themselves.
- § 20-763 Scope Of Article
All authorized reciprocal insurers shall be governed by those sections of this article not expressly made applicable to domestic reciprocals.
- § 20-764 Compliance By Existing Insurers
Existing authorized reciprocal insurers shall after January 1, 1955 comply with the provisions of this article, and shall make such amendments to their subscribers'...
- § 20-765 Powers Of Reciprocal Insurers
A. A reciprocal insurer may, upon qualifying therefor as provided for by this title, transact any kind or kinds of insurance defined by this...
- § 20-766 Name Of Insurer; Designation By Name As Party In Action
A reciprocal insurer shall have and use a business name which shall include the word " reciprocal, " " inter-insurer, " " inter-insurance, "...
- § 20-767 Attorney‑in‑fact Of Reciprocal Insurers
A. " Attorney, " as used in this article refers to the attorney-in-fact of a reciprocal insurer. The attorney may be an individual, firm...
- § 20-768 Required Surplus Funds
A. A domestic reciprocal insurer formed under this article, if it has otherwise complied with the provisions of this title, may be authorized to...
- § 20-769 Organization Of Reciprocal Insurer
A. Twenty-five or more persons domiciled in this state may organize a domestic reciprocal insurer and make application to the director for a certificate...
- § 20-770 Certificate Of Authority
A. The certificate of authority of a reciprocal insurer shall be issued to its attorney in the name of the insurer. B. The director...
- § 20-771 Power Of Attorney
A. The rights and powers of the attorney of a reciprocal insurer shall be as provided in the power of attorney given it by...
- § 20-772 Modifications Of Agreement
Modification of the terms of the subscribers' agreement or of the power of attorney of a domestic reciprocal insurer shall be made jointly by...
- § 20-773 Bond Of Attorney
A. Concurrently with the filing of the declaration provided for in section 20-769, the attorney of a domestic reciprocal insurer shall file with the...
- § 20-774 Deposit In Lieu Of Bond Of Attorney
In lieu of the bond provided for in section 20-773, the attorney may maintain on deposit with the state treasurer through the office of...
- § 20-775 Action On Bond
Action on the attorney's bond or to recover against any deposit made in lieu thereof may be brought at any time by one or...
- § 20-776 Service Of Legal Process; Liabilities Under Judgment On Such Service
A. Legal process shall be served upon a domestic reciprocal insurer by serving the insurer's attorney at his principal offices or by serving the...
- § 20-777 Annual Statement
A. The annual statement of a reciprocal insurer shall be made and filed by its attorney. B. The statement shall be supplemented by such...
- § 20-778 Contributions To Insurer
The attorney or other parties may advance to a domestic reciprocal insurer upon reasonable terms such funds as it may require from time to...
- § 20-779 Financial Condition; Determination
In determining the financial condition of a reciprocal insurer the director shall apply the following rules: 1. He shall charge as liabilities the same...
- § 20-780 Subscribers
Individuals, partnerships and corporations of this state may make application, enter into agreement for and hold policies or contracts in or with and be...
- § 20-781 Subscribers' Advisory Committee
A. The advisory committee of a domestic reciprocal insurer exercising the subscribers' rights shall be selected under such rules as the subscribers adopt. B....
- § 20-782 Subscriber's Liability
A. The liability of each subscriber, other than as to a nonassessable policy, for the obligations of the reciprocal insurer shall be an individual,...
- § 20-783 Liability Of Subscriber On Judgment Against Insurer
A. No action shall lie against any subscriber upon any obligation claimed against the insurer until a final judgment has been obtained against the...
- § 20-784 Assessments
A. Assessments may from time to time be levied upon subscribers of a domestic reciprocal insurer liable therefor under the terms of their policies...
- § 20-785 Time Limit For Assessment
Every subscriber of a domestic reciprocal insurer having contingent liability shall be liable for, and shall pay his share of any assessment, as computed...
- § 20-786 Limitation On Liability
No one policy or subscriber as to such policy, shall be assessed or charged with an aggregate of contingent liability as to obligations incurred...
- § 20-787 Nonassessable Policies
A. If a reciprocal insurer has a surplus of assets over all liabilities at least equal to the minimum capital stock generally required of...
- § 20-788 Distribution Of Savings
A reciprocal insurer may from time to time return to its subscribers any unused premiums, savings or credits accruing to their accounts. Any such...
- § 20-789 Subscriber's Share In Assets
Upon the liquidation of a domestic reciprocal insurer, its assets remaining after discharge of its indebtedness and policy obligations, the return of any contributions...
- § 20-790 Merger Or Conversion
A. A domestic reciprocal insurer upon affirmative vote of not less than two thirds of its subscribers who vote on such merger pursuant to...
- § 20-791 Impaired Reciprocal Insurers
A. If the assets of a reciprocal insurer are at any time insufficient to discharge its liabilities, other than any liability on account of...
- § 20-792 Ownership Of Real Property
Legal title of real property acquired as an eligible investment in accordance with section 20-556 must be held in the name of the reciprocal...
Article 3 Hospital, Medical, Dental and Optometric Service Corporations
- § 20-821 Scope Of Article; Rules; Authority Of Director
A. Hospital service corporations, medical service corporations, dental service corporations, optometric service corporations and hospital, medical, dental and optometric service corporations incorporated in this...
- § 20-822 Definitions
In this article, unless the context otherwise requires: 1. " Department" means the department of insurance. 2. " Director" means the director of the...
- § 20-823 Incorporation Of Hospital, Medical, Dental And Optometric Service Corporations
The corporation as defined in section 20-822 shall be organized under the laws of this state relating to private corporations not for pecuniary profit,...
- § 20-824 Application For Certificate; Fee
Such a corporation may issue contracts to its subscribers only when the director of insurance has, by certificate of authority, authorized it so to...
- § 20-825 Certificate Of Authority; Requirements
The director shall issue a certificate of authority authorizing the applicant to issue contracts to its subscribers when it is shown to the satisfaction...
- § 20-825.01 Minimum Capital Or Surplus Required; Application
A corporation that is exempt from the risk-based capital requirement prescribed in section 20-488.08 shall maintain unimpaired capital or surplus, or both, in the...
- § 20-826 Subscription Contracts; Definitions
A. A contract between a corporation and its subscribers shall not be issued unless the form of such contract is approved in writing by...
- § 20-826.01 Hospital Or Medical Service Corporations; Clinical Trials; Cancer; Definitions
A. A hospital service corporation or medical service corporation is not obligated to pay any costs, other than covered patient costs, that are directly...
- § 20-826.02 Subscription Contracts; Varying Copayments And Deductibles Allowed
A. Except as provided in sections 20-1379 and 20-2304, a corporation may offer one or more subscription contracts that contain a choice of deductibles,...
- § 20-826.03 Eosinophilic Gastrointestinal Disorder; Formula
A. Any contract that is offered by a hospital service corporation or medical service corporation and that contains a prescription drug benefit shall cover...
- § 20-826.04 Subscription Contracts; Autism Spectrum Disorder; Coverage; Exceptions; Definitions
A. A hospital service corporation or medical service corporation shall not: 1. Exclude or deny coverage for a treatment or impose dollar limits, deductibles...
- § 20-827 Participating Health Care Professionals; Definition
A. A corporation holding a certificate of authority under this article may enter into contracts only with licensed hospitals approved for participation by the...
- § 20-828 Deposit For Protection Of Members
A. Corporations governed by this article shall at all times have on deposit with the state treasurer the following amounts: 1. If newly formed...
- § 20-829 Directors
The directors of such a corporation shall at all times include representatives of: 1. Administrators or trustees of hospitals which have contracted with the...
- § 20-830 Expenses And Investments
A. The operating and administrative expenses of any such corporation, including all costs in connection with solicitation of subscribers to the corporation and capital...
- § 20-831 Annual Statement; Examination
A. Not later than March 31 of each year every corporation shall file with the director a statement of its financial condition, transactions and...
- § 20-832 Limitation On Salaries
A corporation shall not: 1. Pay to any officer, agent or employee of the corporation any salary, compensation or emolument amounting in any year...
- § 20-833 Relationship Of Health Care Professional And Patient; Financial Incentives; Definition
A. Nothing in this article alters the relationship of physician and patient, registered nurse practitioner and patient, dentist and patient or optometrist and patient....
- § 20-834 Dissolution; Unfair Practices
Such a corporation shall be subject to the provisions of article 4 of chapter 3 of this title (rehabilitation and liquidation) and article 6...
- § 20-835 Judicial Review Of Decisions Of Director
All orders of the director of insurance made pursuant to this article shall be subject to the provisions of article 2 of chapter 1...
- § 20-836 Limitation On Liability
No liability shall attach to any corporation holding a certificate of authority under this article by reason of the failure on the part of...
- § 20-837 Tax Exemption; Exceptions
A. Every corporation doing business pursuant to this article is declared to be a nonprofit and benevolent institution and to be exempt from state,...
- § 20-838 Subscribers And Employees Exempt From Corporate Indebtedness
The private property of the subscribers, agents, officers, directors, members and employees of any corporation holding a certificate of authority under this article shall...
- § 20-839 Exemption Of Certain Hospital Plans
A. This article shall not apply to any corporation operating or maintaining a hospital service plan, medical service plan, dental service plan or optometric...
- § 20-840 Continuation Of Existing Certificates, Licenses And Rights
This article shall not be construed in any manner to abrogate, amend or annul any certificate, license or right acquired prior to January 1,...
- § 20-841 Prohibiting Denial Of Certain Contract Benefits
A. Notwithstanding any provision of any subscription contract of a hospital and medical service corporation, benefits shall not be denied under the contract for...
- § 20-841.01 Prohibiting Denial Of Chiropractic Contract Benefits; Direct Reimbursement
If a subscription contract of a hospital and medical service corporation provides for or offers reimbursement for any service which is within the lawful...
- § 20-841.02 Prohibiting Denial Of Psychologist Contract Benefits
If a subscription contract of a hospital and medical service corporation provides for or offers reimbursement for any service which is within the lawful...
- § 20-841.03 Prohibiting Denial Of Contract Benefits; Nurses; Reimbursement
If a subscription contract of a hospital and medical service corporation provides or offers reimbursement for any service which is within the scope of...
- § 20-841.04 Standing Referrals To Network Health Care Professionals; Definition
A. Any corporation that offers a health benefits plan shall establish a procedure by which a subscriber may apply for a standing referral to...
- § 20-841.05 Prescription Drug Formulary; Definitions
A. A corporation with a prescription drug benefit that uses a drug formulary as a component of the subscription contract shall provide to its...
- § 20-841.06 Continuity Of Care; Definition
A. Any corporation that offers a health benefits plan shall allow any new subscriber whose health care provider is not a member of the...
- § 20-841.07 Medical Supplies
Any corporation that provides coverage for medical supplies shall provide coverage for those medical supplies through one or more participating vendors who are reasonably...
- § 20-841.08 Prohibiting Denial Of Occupational Or Physical Therapist Contract Benefits
If a hospital service corporation or medical service corporation subscription contract provides coverage for occupational or physical therapy services, and provides both an in-network...
- § 20-841.09 Telemedicine; Coverage Of Health Care Services; Definitions
A. All contracts issued, delivered or renewed on or after January 1, 2015 must provide coverage for health care services that are provided through...
- § 20-841.10 Cancer Treatment Medications; Cost Sharing; Definition
A. A contract that is issued, delivered or renewed by a corporation on or after January 1, 2016 and that provides coverage both for...
- § 20-842 Prohibition Against Excluding Coverage Because Of Previous Tests For A Condition
An insurance contract offered by a hospital, medical, dental or optometric service corporation shall not exclude coverage of a condition if the insured person...
- § 20-843 Eligibility; Prohibiting Cancellation Because Of Eligibility For Certain Benefits
A. Except as specifically provided in sections 20-1379 and 20-1380, with respect to the determination of whether a person is an eligible individual, a...
- § 20-844 Right To Open Enrollment Period; Subscribers; Definition
A. With respect to subscribers who are members of a group with more than one carrier, if there is an insolvency of a hospital...
- § 20-845 Suspension Or Revocation Of Certificate Of Authority; Civil Penalties
A. The director may suspend or revoke a certificate of authority issued to a corporation pursuant to this article if the director finds that...
- § 20-846 Individual Health Insurance Policies; Mandatory Coverage Exemption; Definitions
A. A hospital service corporation, medical service corporation or hospital and medical service corporation may issue a subscription contract to an uninsured individual that...
- § 20-847 Contracts; Dentists; Covered Services; Definition
A. A contract, entered into or renewed on or after January 1, 2011, between a dental service corporation and a dentist who is licensed...
- § 20-848 Prescriptions; Cost Sharing; Refills; Dispensing Fees; Definition
A. A subscription contract that is issued or renewed on or after January 1, 2017 and that provides coverage for prescription drugs: 1. May...
Article 4 Fraternal Benefit Societies
- § 20-861 Definitions
In this article, unless the context otherwise requires: 1. " Association or order" means any association or order that is a nonprofit military mutual...
- § 20-862 Lodge System
A. A society operates on the lodge system if the society has a supreme governing body and subordinate lodges into which members are elected,...
- § 20-863 Representative Form Of Government
A society has a representative form of government if: 1. It has a supreme governing body constituted in one of the following ways: (a)...
- § 20-864 Purposes And Powers
A. A society shall operate for the benefit of its members and their beneficiaries and shall: 1. Provide benefits pursuant to section 20-875. 2....
- § 20-865 Qualifications For Membership
A. A society shall specify all of the following: 1. Eligibility standards for each membership class. If the society provides benefits on the lives...
- § 20-866 Location Of Office; Publications; Grievance Procedure
A. The principal office of a domestic society shall be located in this state. The meetings of the society's supreme governing body may be...
- § 20-867 Exemption From Liability
A. The officers and members of the supreme governing body or a subordinate body of a society are not personally liable for any benefits...
- § 20-868 Waiver
The laws of the society may provide that a subordinate body or any subordinate officers or members shall not waive any provision of the...
- § 20-869 Organization
Beginning on January 1, 1995, a domestic fraternal benefit society may be organized as follows: 1. Seven or more citizens of the United States,...
- § 20-870 Amendment To Society Laws
A. The supreme governing body of a domestic society may amend its laws in accordance with its laws at any regular or special meeting,...
- § 20-871 Authority To Maintain Institutions
A. A society may create, maintain and operate or establish an organization to operate not for profit institutions to further the purposes of the...
- § 20-872 Reinsurance
A. Pursuant to a reinsurance agreement, a domestic fraternal benefit society may cede any part or all of its risks to an insurer other...
- § 20-873 Consolidation Or Merger
A. A domestic fraternal benefit society may consolidate or merge with any other society if it complies with this section. The society shall file...
- § 20-874 Conversion Of Fraternal Benefit Society To Mutual Life Insurance Company
A domestic fraternal benefit society may convert to and be licensed as a mutual life insurance company by complying with the requirements of this...
- § 20-875 Benefits
A. A fraternal benefit society may provide the following contractual benefits in any form: 1. Death benefits. 2. Endowment benefits. 3. Annuity benefits. 4....
- § 20-876 Beneficiaries
A. At all times the owner of a benefit contract may change the beneficiary or beneficiaries in accordance with the laws or rules of...
- § 20-877 Benefits Not Attachable
Any money or other benefit, charity, relief or aid that a society pays, provides or renders is not subject to attachment, garnishment or other...
- § 20-878 Benefit Contract
A. A society shall issue to each owner of a benefit contract a certificate that specifies the amount of benefits provided under the certificate....
- § 20-879 Nonforfeiture Benefits, Cash Surrender Value, Certificate Loans And Other Options
A. For certificates that are issued before January 1, 1996, the value of every paid-up nonforfeiture benefit and the amount of any cash surrender...
- § 20-880 Investments
A society shall invest its funds only in those investments that are authorized by this title. A foreign or alien society that is permitted...
- § 20-881 Funds
A. Unless otherwise provided in the benefit contract, all assets shall be held, invested and disbursed for the use and benefit of the society,...
- § 20-882 Applicable Insurance Provisions
Fraternal benefit societies are governed by this article and are subject to and governed by the following articles and sections of this title to...
- § 20-883 Tax Exemption; Exception
Every authorized society and every society that is exempt under section 20-893 is deemed to be a charitable and benevolent institution and is exempt...
- § 20-884 Valuation
A. The standards of valuation for certificates that are issued before January 1, 1996 are the standards of valuation that were in effect immediately...
- § 20-885 Reports
Each fraternal benefit society shall file reports as follows: 1. Unless the director extends the time for filing for good cause shown, on or...
- § 20-886 Certificate Of Authority; Termination
A certificate of authority issued to a society remains in effect on payment of the annual renewal fee prescribed by section 20-167 unless the...
- § 20-887 Examination Of Societies; Limitation On Disclosure
A. The director or the director's designee may examine any domestic, foreign or alien society that is authorized or applying for authorization to transact...
- § 20-888 Admission Of Foreign Or Alien Societies
A foreign or alien society shall not transact business in this state unless the director issues a certificate of authority to the foreign or...
- § 20-889 Injunction; Delinquency Or Dissolution Proceedings
A court in this state shall not hear an application or petition for injunction against a domestic, foreign or alien society or lodge, any...
- § 20-890 Licensing Of Insurance Producers
A. An insurance producer of a society or its subsidiary or affiliated organizations shall be licensed pursuant to chapter 2, article 3 of this...
- § 20-891 Unfair Acts And Practices
Each society authorized to transact business in this state is subject to chapter 2, article 6 of this title, except that nothing in chapter...
- § 20-892 Violation; Classification
A. A person who knowingly or wilfully makes a false or fraudulent statement or representation in or relating to an application for membership or...
- § 20-893 Exemption Of Societies And Associations And Orders From Insurance Laws
A. The following fraternal benefit societies and associations or orders are exempt from compliance with this article and all other insurance laws of this...
Article 7 Prepaid Dental Plan Organizations
- § 20-1001 Definitions
In this article, unless the context otherwise requires: 1. " Member" means an individual who is enrolled in a group prepaid dental plan as...
- § 20-1002 Establishment Of Prepaid Dental Plan Organizations
A. No person, unless authorized pursuant to article 3 or article 9 of this chapter, may establish or operate a prepaid dental plan organization...
- § 20-1003 Application For Certificate Of Authority
A. An application for a certificate of authority to operate as a prepaid dental plan organization shall be filed with the director in a...
- § 20-1004 Issuance Of Certificate Of Authority
Issuance of a certificate of authority shall be granted by the director if the director is satisfied that the following conditions are met: 1....
- § 20-1005 Deposit Requirement; Exception
A. A prepaid dental plan organization shall maintain on deposit with the state treasurer through the director's office a surety bond, guaranteeing services under...
- § 20-1006 Reserve Requirement; Exception
A. A prepaid dental plan organization at all times shall maintain for protection of members a financial reserve consisting of two per cent of...
- § 20-1006.01 Risk-Based Capital Requirements; Minimum Capital And Surplus
A. A prepaid dental plan organization shall comply with chapter 2, article 12 of this title. B. A prepaid dental plan organization that is...
- § 20-1007 Membership Coverage By Prepaid Dental Plan Organizations
A. Every member in a prepaid dental plan shall be issued a membership coverage form by the prepaid dental plan organization. B. Any contract...
- § 20-1008 Examination Of Prepaid Dental Plan Organization
A. The director may once in each six months for the first three years after organization and once each year thereafter, or more often...
- § 20-1009 Annual Report To Director
A. Every prepaid dental plan organization annually on or before the first day of March shall file with the director a report of its...
- § 20-1010 Taxes
A. On the tax payment dates prescribed in section 20-224, each prepaid dental plan organization shall pay to the director for deposit, pursuant to...
- § 20-1011 Operational Expenses
No more than thirty per cent of prepaid charges in the first year of operation, twenty-five per cent of prepaid charges in the second...
- § 20-1012 Prohibited Practices
Chapter 2, article 6 of this title, relating to unfair trade practices and frauds, shall apply to prepaid dental plan organizations, except to the...
- § 20-1013 Regulation Of Agents
The director shall, after notice and hearing, promulgate such rules and regulations as are necessary to provide for the licensing of agents which shall...
- § 20-1014 Examination
The director may conduct an examination of the affairs of any prepaid dental plan organization as often as the director deems it necessary for...
- § 20-1015 Suspension Or Revocation Of Certificate Of Authority; Civil Penalties
A. The director may suspend or revoke any certificate of authority issued to a prepaid dental plan organization pursuant to this article if the...
- § 20-1016 Rehabilitation, Liquidation Or Conservation Of Prepaid Dental Plan Organization
Any rehabilitation, liquidation or conservation of a prepaid dental plan organization shall be deemed to be the rehabilitation, liquidation or conservation of an insurer...
- § 20-1018 Advertising Matter Or Sales Materials
A prepaid dental plan organization shall not issue or deliver any advertising matter or sales material to any person in this state until the...
- § 20-1019 Order Of Benefit Determination For Dental Care
A. If a person receiving dental care is a member of a prepaid dental plan and is an insured or certificate holder under an...
Article 8 Lloyd's Associations
- § 20-1021 Lloyd's Association Defined
As used in this article, unless the context otherwise requires, " Lloyd's association" means any aggregation of individuals, called " underwriters, " who under...
- § 20-1022 Forms Of Insurance Authorized
Lloyd's associations are authorized to make any insurance as provided in this article, except life insurance or title insurance, on the Lloyd's plan, by...
- § 20-1023 "Attorney" Defined; Office
Policies of insurance may be executed by an attorney or by an attorney-in-fact, or other representative, hereby designated " attorney" , authorized by and...
- § 20-1024 Application For License; Contents
The attorney shall file with the director a verified application for a certificate of authority setting forth and accompanied by: 1. The name of...
- § 20-1025 Surplus Required
No attorney shall be licensed for the underwriters doing business as a Lloyd's association under this article unless the surplus of such association, required...
- § 20-1026 Reserves For Liabilities And Losses
Underwriters doing business as a Lloyd's association shall compute reserve liabilities for all outstanding business and for all incurred losses upon the same basis...
- § 20-1027 Liability Of Underwriters; Limitation
An underwriter in a Lloyd's association may limit his total liability on all risks to the amount of his subscription as expressed in his...
- § 20-1028 Liability Of Additional Or Substituted Underwriters; Authority Of Deputy, Substitute Or Successor Attorney
Additional or substituted underwriters shall be bound in the same manner and to the same extent as original subscribers to the articles of agreement...
- § 20-1029 Division Of Profits
No profits shall accrue to an underwriter, except upon the basis of his actual investment in cash or securities, disregarding any obligation or subscription...
- § 20-1030 Actions On Policies Or Insurance Contracts; Process; Judgments; Costs
Action on any policy or contract of insurance issued by an attorney for the underwriters may be brought against the attorney. In such action,...
- § 20-1031 Deposit Required Of Lloyd's Association
The deposit requirements of section 20-213 and section 20-583 shall in all respects apply to any Lloyd's association, foreign or domestic, provided that the...
- § 20-1032 Revocation Of License
If any attorney-in-fact or underwriter of a Lloyd's association shall violate any of the provisions of this title, or any of the other laws...
- § 20-1033 Laws Applicable To Lloyd's Association
A. The provisions of this article are applicable to domestic and foreign Lloyd's associations. B. To the extent not modified by the provisions of...
Article 9 Health Care Services Organizations
- § 20-1051 Definitions
In this article, unless the context otherwise requires: 1. " Director" means the director of the department of insurance. 2. " Enrollee" means an...
- § 20-1052 Establishment Of Health Care Services Organizations
A. A person shall not establish or operate a health care services organization in this state, or sell or offer to sell, or solicit...
- § 20-1052.01 Establishment Of Provider Sponsored Health Care Services Organizations; Rules; Limitations
A. No person shall establish or operate a provider sponsored health care services organization in this state, or sell or offer to sell, or...
- § 20-1053 Application For Certificate Of Authority
A. An application for a certificate of authority to operate as a health care services organization shall be filed with the director in a...
- § 20-1054 Issuance Of Certificate Of Authority
A. Issuance of a certificate of authority shall be granted within the time prescribed in section 20-216 by the director if the director is...
- § 20-1055 Deposit Requirement
A. A health care services organization at all times shall maintain on deposit with the state treasurer through the director's office cash, or securities...
- § 20-1056 Reserve Requirement; Exception
A. A health care services organization at all times shall maintain for the protection of enrollees a financial reserve consisting of two per cent...
- § 20-1057 Evidence Of Coverage By Health Care Services Organizations; Renewability; Definitions
A. Every enrollee in a health care plan shall be issued an evidence of coverage by the responsible health care services organization. B. Any...
- § 20-1057.01 Standing Referrals To Network Health Care Professionals; Definition
A. A health care services organization shall establish a procedure by which an enrollee may apply for a standing referral to a network health...
- § 20-1057.02 Prescription Drug Formulary; Definitions
A. A health care services organization with a prescription drug benefit that uses a drug formulary as a component of the evidence of coverage...
- § 20-1057.03 Chiropractic Care; Definitions
A. Every health care services organization shall provide coverage for chiropractic services provided by network chiropractic providers pursuant to this section. B. A health...
- § 20-1057.04 Continuity Of Care; Definition
A. A health care services organization shall allow any new enrollee whose health care provider is not a member of the provider network, on...
- § 20-1057.05 Medical Supplies
Any health care services organization that provides coverage for medical supplies shall provide coverage for those medical supplies through one or more participating vendors...
- § 20-1057.06 Prior Authorization
A health care services organization shall not request information from a health care professional that does not apply to the medical condition at issue...
- § 20-1057.07 Health Care Services Organizations; Clinical Trials; Cancer; Definitions
A. A health care services organization is not obligated to pay any costs, other than covered patient costs, that are directly associated with a...
- § 20-1057.08 Prescription Contraceptive Drugs And Devices; Definition
A. If a health care services organization issues evidence of coverage that provides coverage for: 1. Prescription drugs, the evidence of coverage shall provide...
- § 20-1057.09 Health Care Services Organizations; Varying Copayments And Deductibles Allowed
A. Except as provided in sections 20-1379 and 20-2304, a health care services organization may offer one or more health care plans that contain...
- § 20-1057.10 Eosinophilic Gastrointestinal Disorder; Formula
A. Any contract or evidence of coverage that is offered by a health care services organization and that contains a prescription drug benefit shall...
- § 20-1057.11 Health Care Services Organizations; Autism Spectrum Disorder; Coverage; Exceptions; Definitions
A. A health care services organization shall not: 1. Exclude or deny coverage for a treatment or impose dollar limits, deductibles and coinsurance provisions...
- § 20-1057.12 Contracts; Dentists; Covered Services; Definition
A. A contract, entered into or renewed on or after January 1, 2011, between a health care services organization and a dentist who is...
- § 20-1057.13 Telemedicine; Coverage Of Health Care Services; Definitions
A. An evidence of coverage issued, delivered or renewed by a health care services organization on or after January 1, 2015 must provide coverage...
- § 20-1057.14 Cancer Treatment Medications; Cost Sharing; Definition
A. An evidence of coverage that is issued, delivered or renewed by a health care services organization on or after January 1, 2016 and...
- § 20-1057.15 Prescriptions; Cost Sharing; Refills; Dispensing Fees; Definition
A. An evidence of coverage that is issued or renewed on or after January 1, 2017 and that provides coverage for prescription drugs: 1....
- § 20-1058 Examination Of Health Care Services Organizations
A. The director may once in each six months for the first three years after organization and once each year thereafter, or more often...
- § 20-1059 Annual Report To Director
A. Every health care services organization annually on or before March 31 shall file with the director a report of its financial condition, transactions...
- § 20-1059.01 Admitted Assets; Health Care Delivery Assets
A. This section applies to reporting entities that directly provide health care services to enrollees. B. In addition to the assets allowed by section...
- § 20-1060 Taxes; Exemption
A. Except as provided in subsection C of this section, on the tax payment dates prescribed in section 20-224, each health care services organization...
- § 20-1061 Prohibited Practices; Definition
A. Chapter 2, article 6 of this title relating to unfair trade practices and frauds applies to health care services organizations, except to the...
- § 20-1062 Regulation Of Agents
The director may, after notice and hearing, promulgate such reasonable rules and regulations as are necessary to provide for the licensing of agents which...
- § 20-1063 Powers Of Insurers And Hospital And Medical Service Corporations
A. An insurer, or a hospital or medical service corporation, authorized to do business in this state either directly or through a subsidiary or...
- § 20-1064 Examination
A. The director may conduct an examination of the affairs of any health care services organization as often as the director deems it necessary...
- § 20-1065 Suspension Or Revocation Of Certificate Of Authority; Civil Penalties
A. The director may suspend or revoke any certificate of authority issued to a health care services organization under this article if the director...
- § 20-1066 Rehabilitation, Liquidation Or Conservation Of Health Maintenance Organization
A. Any rehabilitation, liquidation, or conservation of a health care services organization shall be deemed to be the rehabilitation, liquidation, or conservation of an...
- § 20-1068 Statutory Construction And Relationship To Other Laws
A. Except as they relate to an insurer or a hospital or medical service corporation, the provisions of this title are applicable to health...
- § 20-1069 Contingency For Insolvency; Plan; Contents; Definition
A. A health care services organization shall have a plan for the risk of insolvency that is continuously acceptable to the director and that...
- § 20-1069.01 Right To Open Enrollment Period; Enrollees; Definitions
A. With respect to enrollees who are members of a group with more than one carrier, if there is an insolvency of a health...
- § 20-1070 Acquisitions And Mergers
A. No health care services organization may merge with another foreign or domestic health care services organization or may be acquired by a person...
- § 20-1071 Prohibition Against Excluding Coverage Because Of Previous Tests For A Condition
A. An insurance contract offered by a health care services organization shall not exclude coverage of a condition if the insured person has previously...
- § 20-1072 Nonliability Of Enrollees For Provider Or Hospital Charges; Penalty
A. Every written contract between a health care services organization and a provider or hospital shall set forth that if the organization fails to...
- § 20-1073 Eligibility; Prohibiting Cancellation Because Of Eligibility For Certain Benefits
A. Except as specifically provided in sections 20-1379 and 20-1380, with respect to the determination of whether a person is an eligible individual, a...
- § 20-1074 Contract Termination; Duty To Report; Provision For Continued Services During Insolvency; Definitions
A. Each month a health care services organization shall submit to the director a list of all written provider contracts that have been terminated...
- § 20-1075 Transactions With Affiliates
A. A health care services organization shall not attempt to sell or otherwise transfer to an affiliate Arizona assets in excess of ten per...
- § 20-1077 Use Of Freestanding Urgent Care Centers; Policies
A health care services organization that requires its enrollees to use a freestanding urgent care center as a condition of coverage or a reduction...
- § 20-1078 Rules
The director may adopt rules pursuant to title 41, chapter 6 to carry out this article.
- § 20-1079 Individual Health Insurance Policies; Mandatory Coverage Exemption; Definitions
A. A health care services organization may issue an evidence of coverage to an uninsured individual that is not subject to the requirements of...
Article 10 Domestic Life and Disability Reinsurer
- § 20-1081 Domestic Life And Disability Reinsurer
This article applies only to domestic life and disability reinsurers.
- § 20-1082 Definitions
In this article, unless the context otherwise requires: 1. " Affiliated" has the same meaning prescribed in section 20-481. 2. " Credit life and...
- § 20-1083 Law Applicable To Domestic Life And Disability Reinsurers
A. All other provisions of this title that are not inconsistent with the provisions of this article apply to domestic life and disability reinsurers....
- § 20-1084 Articles Of Incorporation
A. Five or more individuals aged eighteen years or more may incorporate a domestic life and disability reinsurer. Not less than two-thirds of the...
- § 20-1085 Capital
A. To qualify for initial authority to transact business a domestic life and disability reinsurer shall possess and thereafter maintain minimum required capital stock...
- § 20-1086 Surplus
A. A life and disability reinsurer shall have on organization initial surplus in an amount not less than one-half of its minimum required capital...
- § 20-1087 Deposits
A. The director shall not issue a certificate of authority to any life and disability reinsurer unless the reinsurer has deposited in trust with...
- § 20-1088 Limit Of Risk
Domestic life and disability reinsurers may be formed, with capital and surplus as specified in sections 20-1085 and 20-1086 to accept any risk as...
- § 20-1089 Certificates Of Authority
A. Any domestic limited stock insurer formed and existing pursuant to section 20-708 which does not come within the provisions of section 20-708, subsection...
- § 20-1090 Reorganization; Limitation
Any domestic life and disability reinsurer, with appropriate powers in its articles of incorporation and with the necessary capital and surplus, and upon application...
- § 20-1091 Transfers To This Article
Any life and disability insurer may relinquish its authority to write policies direct and, upon application to the director, may become a life and...
- § 20-1092 Control Of Assets; Definition
A. The director may require that a domestic life and disability stock reinsurer designate and comply with either or a combination of the following:...
- § 20-1093 Reciprocity
The amount required to be deposited or placed in a trust or custodial account pursuant to section 20-1092 shall be reduced by any amount...
- § 20-1094 Approval Of Reinsurance Agreements
Notwithstanding section 20-732, an unaffiliated credit life and disability reinsurer shall file with the director all reinsurance agreements and amendments to which the reinsurer...
- § 20-1094.01 Reserve Requirements
A. An unaffiliated credit life and disability reinsurer shall secure liabilities that are assumed under a reinsurance agreement subject to approval pursuant to this...
Article 11 Service Companies
- § 20-1095 Definitions
In this article, unless the context otherwise requires: 1. " Consumer" means a buyer other than for purposes of resale of any consumer product,...
- § 20-1095.01 Service Companies; Permits; Rules And Regulations; Application Of Laws
A. No service company may offer or issue a service contract unless the service company has qualified for and been issued a permit by...
- § 20-1095.02 Exemptions; Definition
A. This article, except for section 20-1095.09, does not apply to the following: 1. Warranties issued by manufacturers, builders or sellers on the actual...
- § 20-1095.03 Qualifications For Permit
A. The director shall not issue a permit to a service company unless all of the following conditions are met: 1. If the applicant...
- § 20-1095.04 Filing Of Cash, Alternatives To Cash Or Surety Bond
A. To assure faithful performance of its obligations to contract holders, every service company shall, prior to the issuance of a permit, file with...
- § 20-1095.05 Contracts Not In Compliance; Validity
Any service company contract issued in violation of this article is an enforceable and valid contract unless invalidated for other reasons.
- § 20-1095.06 Approval Of Motor Vehicle Service Contract Program; Requirements For Approval
A. A service contract administrator or an insurer shall file with the director an application for approval of a motor vehicle service contract program....
- § 20-1095.07 Notification To Director Of Intent To Sell Contract; Sale Of Unapproved Contract; Violation; Classification
A. Any licensed motor vehicle dealer, acting through its regularly employed sales personnel, may sell any motor vehicle service contract program approved pursuant to...
- § 20-1095.08 Nonrenewal, Revocation Or Suspension Of Permit
The director may refuse to renew or may revoke or suspend any permit issued to a service company pursuant to this article if, after...
- § 20-1095.09 Unfair Trade Practices; Violation Of Article; Cease And Desist Order
A. The director may order any service company, its agents, officials and representatives, a motor vehicle dealer or an administrator to cease and desist...
- § 20-1095.10 Scope And Limitations Of Article
A. This article applies to any home warranty or home protection contract, and to service contracts covering motor vehicles. B. This article does not...
Article 12 Mechanical Reimbursement Reinsurers
Article 13 Prepaid Legal Insurance
Article 14 Captive Insurers
- § 20-1098 Definitions
In this article, unless the context otherwise requires: 1. " Affiliate" has the same meaning prescribed in section 20-481. 2. " Agency captive insurer"...
- § 20-1098.01 Licensing; Authority
A. If allowed by its articles of incorporation, bylaws or other organizational document, an applicant may apply to the director for a license to...
- § 20-1098.02 Names Of Companies
A. A captive insurer shall not adopt a name that is the same, deceptively similar to or likely to be confused with or mistaken...
- § 20-1098.03 Minimum Capital And Surplus; Letter Of Credit; Borrowed Surplus
A. The director shall not issue a license to a captive insurer unless the insurer possesses and thereafter maintains minimum unimpaired paid-in capital and...
- § 20-1098.04 Formation Of Captive Insurers; Redomestication
A. An agency captive insurer or protected cell captive insurer shall be incorporated as a stock insurer with its capital divided into shares and...
- § 20-1098.05 Protected Cell Captive Insurers
A. One or more sponsors may form a protected cell captive insurer as prescribed in this article. B. A protected cell captive insurer may...
- § 20-1098.06 Protected Cell Captive Insurers; Sponsors; Participants
A. A risk retention group shall not be either a sponsor or a participant in a protected cell captive insurer. B. An association, corporation,...
- § 20-1098.07 Annual Report
A. Not later than ninety days after the end of the captive insurer's fiscal year, the captive insurer shall submit to the director a...
- § 20-1098.08 Examinations
A. Whenever the director determines it to be prudent, the director may examine the business, transactions and affairs of each captive insurer to ascertain...
- § 20-1098.09 Grounds And Procedures For License Suspension Or Revocation
The director may suspend, revoke or refuse to renew the license of a captive insurer to transact insurance business in this state for any...
- § 20-1098.10 Legal Investments
A. A group captive insurer, an agency captive insurer and a protected cell captive insurer shall comply with the investment requirements prescribed in chapter...
- § 20-1098.11 Reinsurance
A. Except as provided in subsection C of this section or otherwise with the approval of the director, a captive insurer may reinsure risks...
- § 20-1098.12 Rating Organization; Exemption
A captive insurer is not required to join a rating organization.
- § 20-1098.13 Associations; Benefits; Prohibitions
Except as otherwise provided in section 20-1098.01, subsection B for a self-insurance program approved under section 23-961, a captive insurer shall not join or...
- § 20-1098.14 Rules
The director may adopt rules pursuant to title 41, chapter 6 to carry out this article.
- § 20-1098.15 Applicability
A. Chapter 2, article 6 of this title relating to unfair trade practices and frauds applies to captive insurers, except to the extent the...
- § 20-1098.16 Captive Manager
A captive insurer shall engage a manager who shall maintain the books and records of the captive insurer's business, transactions and affairs at a...
- § 20-1098.17 Effect Of Fees Payment
The fees paid by a captive insurer pursuant to section 20-167, subsection H are payment in full and in lieu of all other demands...
- § 20-1098.18 Captive Insurance Regulatory And Supervision Fund; Purpose
A. The captive insurance regulatory and supervision fund is established within the department consisting of monies deposited pursuant to section 20-1098.01, subsection J. The...
- § 20-1098.19 Establishment Of Branch Captive Insurer
A. A branch captive insurer may be established in this state pursuant to this chapter to write insurance or reinsurance in this state except...
- § 20-1098.20 Security For Branch Business And Branch Operations
A. In the case of a branch captive insurer, as security for the payment of liabilities attributable to the branch operations, the director shall...
- § 20-1098.21 Branch Captive Insurer Reports
Within sixty days after its fiscal year end, a branch captive insurer shall file with the director a copy of all reports and statements...
- § 20-1098.22 Change In Plan Of Operations
A captive insurer shall obtain the written approval of the director before implementing any material change in its plan of operations.
- § 20-1098.23 Confidentiality Of Information; Exceptions
A. Notwithstanding title 39, chapter 1, information submitted pursuant to this article is confidential and the director and the director's employees and agents shall...
Article 15 Vehicle Protection Products
Chapter 5 THE INSURANCE CONTRACT
Article 1 In General
- § 20-1101 Scope Of Article
This article shall not apply to: 1. Reinsurance. 2. Policies or contracts not issued for delivery in this state nor delivered in this state,...
- § 20-1102 "Policy" Defined
" Policy" means contract of or agreement for or effecting insurance, or the certificate thereof, by whatever name called, and includes all clauses, riders,...
- § 20-1103 "Premium" Defined
" Premium" is the consideration for insurance, by whatever name called.
- § 20-1104 Insurable Interest With Respect To Personal Insurance; Definition
A. Any individual of competent legal capacity may procure or effect an insurance contract upon his own life or body for the benefit of...
- § 20-1105 Insurable Interest With Respect To Property Insurance
A. No insurance contract on property or of any interest therein or arising therefrom shall be enforceable as to the insurance except for the...
- § 20-1106 Capacity To Contract For Insurance; Minors
A. Any person of competent legal capacity may contract for insurance. B. A minor not less than fifteen years of age as of his...
- § 20-1107 Application For Insurance
No life or disability insurance contract upon an individual, except a contract of group life insurance or of group or blanket disability insurance, shall...
- § 20-1108 Admissibility Of Application As Evidence
A. No application for the issuance of any life or disability insurance policy or contract shall be admissible in evidence in any action relative...
- § 20-1109 Statements As Representation; Effect Of Misrepresentation Upon Policy
All statements and descriptions in any application for an insurance policy or in negotiations therefor, by or in behalf of the insured, shall be...
- § 20-1110 Approval Of Forms
A. Any life or disability insurance policy form, life or disability insurance application form where written application is required and is to be made...
- § 20-1110.01 Rules And Regulations; Form And Readability Of Policies
A. The director shall adopt and promulgate rules and regulations governing the form and readability of various types of insurance policies including title insurance...
- § 20-1111 Grounds For Disapproval Of Forms
A. The director shall disapprove any form of policy, application, rider or endorsement or withdraw any previous approval thereof only: 1. If it is...
- § 20-1112 Standard Provisions
A. Insurance contracts shall contain such standard provisions as are required by the applicable provisions of this title pertaining to contracts of particular kinds...
- § 20-1113 Contents Of Policy
A. The written instrument in which a contract of insurance is set forth is the policy. B. Every policy shall specify: 1. The names...
- § 20-1114 Incorporation Of Charter Or Bylaw Into Policy
No policy shall contain any provision purporting to make any portion of the charter, bylaws or other constituent document of the insurer a part...
- § 20-1115 Void Policy Restrictions
A. No policy delivered or issued for delivery in this state and covering a subject of insurance resident, located or to be performed in...
- § 20-1116 Execution Of Policies
A. Every insurance policy shall be executed in the name of and on behalf of the insurer by its officer, attorney-in-fact, employee or representative...
- § 20-1117 Underwriters' And Combination Policies
A. Two or more authorized insurers may jointly issue, and shall be jointly and severally liable on, an underwriters' policy bearing their names. Any...
- § 20-1118 Validity Of Noncomplying Forms
Any insurance policy, rider or endorsement issued after January 1, 1955 and otherwise valid which contains any condition or provision not in compliance with...
- § 20-1119 Construction Of Policies
Every insurance contract shall be construed according to the entirety of its terms and conditions as set forth in the policy and as amplified,...
- § 20-1120 Binders
A. Binders or other contracts for temporary insurance may be made orally or in writing, and shall be deemed to include all the usual...
- § 20-1121 Renewal Of Policy By Certificate Or Endorsement
Any insurance policy terminating by its terms at a specified expiration date and not otherwise renewable, may be renewed or extended at the option...
- § 20-1122 Assignment Of Policies
A policy may be assignable or not assignable, as provided by its terms. Subject to its terms relating to assignability, any life or disability...
- § 20-1123 Annulment Of Liability Policies
No insurance contract insuring against loss or damage through legal liability for the bodily injury or death by accident of any individual, or for...
- § 20-1123.01 Motor Vehicle Liability Insurance; Primary And Excess Coverage
A. If two or more policies affording valid and collectible automobile liability insurance apply to the same motor vehicle in an occurrence out of...
- § 20-1124 Discharge Of Insurer By Payment Under Policy
When the proceeds of or payments under a life or disability insurance policy or annuity contract become payable in accordance with the terms of...
- § 20-1125 Discharge Of Payor By Payment Of Benefits Under Employee Benefit Plan Or Life Insurance Policy
Notwithstanding the provisions of section 25-211, when payment or refund is made to an employee, former employee or his beneficiary or estate pursuant to...
- § 20-1127 Simultaneous Deaths
Where the individual insured or the annuitant and the beneficiary designated in a life insurance policy or policy insuring against accidental death or in...
- § 20-1128 Rights Of Spouse In Life Or Disability Policy
A. The benefits payable upon the death of the insured and provided in any life or disability insurance policy made payable to or for...
- § 20-1129 Furnishing Of Proof Of Loss Forms By Insurer
An insurer shall furnish, upon written request of any person claiming to have a loss under an insurance contract issued by the insurer, forms...
- § 20-1130 Administration Of Claim Against Insurer Not Deemed Waiver Of Defense
Without limitation of any right or defense of an insurer otherwise, none of the following acts by or on behalf of an insurer shall...
- § 20-1131 Exemption Of Life Insurance Proceeds And Cash Values From Creditors
A. If a policy of life insurance is effected by any person on the person's own life or on another life in favor of...
- § 20-1132 Exemption Of Group Life Insurance Proceeds From Creditors; Exception
A. A policy of group life insurance or the proceeds thereof payable to the individual insured or to the beneficiary thereunder shall not be...
- § 20-1133 Medicare Supplement Insurance; Applicability
A. The director shall adopt those rules as are necessary to comply with the requirements of the social security disability amendments of 1980 (P.L....
- § 20-1134 Coordination Of Benefits
The director shall adopt rules relating to coordination of benefits provisions in group disability insurance policies. This section shall apply to hospital and medical...
- § 20-1135 Prohibition Against Excluding Coverage Because Of Previous Tests For A Condition
An insurance contract offered by an insurer pursuant to this chapter shall not exclude coverage of a condition if the insured person has previously...
- § 20-1136 Accelerated Payments Of Certain Benefits In Life Insurance Policies
A. Notwithstanding any other provision of this title, any policy of life insurance may provide, in accordance with the provisions of subsection B, for...
- § 20-1137 Limited Benefit Coverage; Prohibited Practice; Definition
A. Bundling or combining various limited benefit insurance policies and advertising or indicating in any manner that these policies are major medical expense coverage...
Chapter 6 PARTICULAR TYPES OF INSURANCE
Article 1 Life Insurance and Annuities
- § 20-1201 Scope Of Article
This article applies to contracts of life insurance and annuities, other than reinsurance, group life insurance, group annuities and industrial life insurance. Section 20-1217...
- § 20-1202 Standard Provisions Required In Life Insurance Policies
A. No policy of life insurance other than industrial, group and pure endowments with or without return of premiums or of premiums and interest,...
- § 20-1203 Grace Period
There shall be a provision that a grace period of thirty days, or, at the option of the insurer, of one month of not...
- § 20-1204 Incontestability
There shall be a provision that the policy, exclusive of provisions relating to disability benefits or to additional benefits in the event of death...
- § 20-1205 Application And Policy As Entire Contract; Statements In Application As Representations; Information
A. There shall be a provision that the policy, or the policy and the application therefor if a copy of the application is endorsed...
- § 20-1206 Misstatement Of Age
There shall be a provision that if the age of the insured or of any other person whose age is considered in determining the...
- § 20-1207 Dividends
There shall be a provision in participating policies that, beginning not later than the end of the third policy year, the insurer shall annually...
- § 20-1208 Policy Loan On Old Policies
A. In the case of policies issued prior to the operative date of section 20-1231, there shall be a provision that after three full...
- § 20-1209 Policy Loan On New Policies
A. In case of policies issued on and after January 1, 1979, there shall be a provision that after the policy has a cash...
- § 20-1209.01 Maximum Rate Of Interest On Policy Loans; Definitions
A. Policies issued on or after the effective date of this section shall provide for policy loan interest rates at either of the following...
- § 20-1210 Nonforfeiture Options In Old Policies
A. There shall be a provision specifying the option to which the policyholder is entitled in the event of default in a premium payment...
- § 20-1212 Table Of Installments
In case the policy provides that the proceeds may be payable in installments which are determinable at issue of the policy, there shall be...
- § 20-1213 Reinstatement
There shall be a provision that unless the policy has been surrendered for its cash surrender value or unless the paid-up term insurance, if...
- § 20-1214 Payment Of Premiums
There shall be a provision that all premiums after the first shall be payable in advance.
- § 20-1215 Payment Of Claims
There shall be a provision that when a policy becomes a claim by the death of the insured settlement shall be made upon receipt...
- § 20-1216 Policy Title
There shall be a title on the face and on the back of the policy, briefly describing the policy.
- § 20-1217 Excluded Or Restricted Coverage
A clause in any policy of life insurance providing that the policy shall be incontestable after a specified period shall preclude only a contest...
- § 20-1218 Standard Provisions Required In Annuity And Pure Endowment Contracts
A. No annuity or pure endowment contract, other than reversionary annuities, survivorship annuities or group annuities, and except as stated in this section, shall...
- § 20-1219 Grace Period In Annuities
In an annuity or pure endowment contract, other than a reversionary, survivorship or group annuity, there shall be a provision that there shall be...
- § 20-1220 Incontestability In Annuities
If any statements, other than those relating to age, sex and identity are required as a condition to issuing an annuity or pure endowment...
- § 20-1221 Application And Contract As Entire Contract In Annuities
In an annuity or pure endowment contract, other than a reversionary, survivorship or group annuity, there shall be a provision that the contract shall...
- § 20-1222 Misstatement Of Age In Annuities
In an annuity or pure endowment contract, other than a reversionary, survivorship or group annuity, there shall be a provision that if the age...
- § 20-1223 Dividends On Annuities
If an annuity or pure endowment contract, other than a reversionary, survivorship or group annuity, is participating, there shall be a provision that the...
- § 20-1224 Reinstatement Of Annuities
In an annuity or pure endowment contract, other than a reversionary, survivorship or group annuity, there shall be a provision that the contract may...
- § 20-1225 Standard Provisions Required In Reversionary Annuities
A. Except as stated herein, no contract for a reversionary annuity shall be delivered or issued for delivery in this state unless it contains...
- § 20-1226 Limitation Of Liability
A. No life insurance policy shall be delivered or issued for delivery in this state if it contains a provision that excludes or restricts...
- § 20-1227 Incontestability After Reinstatement
The reinstatement of any policy of life insurance or annuity contract delivered or issued for delivery in this state after January 1, 1955 may...
- § 20-1228 Policy Settlements
Any life insurer may hold under agreement the proceeds of any policy issued by it, upon such terms and restrictions as to revocation by...
- § 20-1229 Authorized Deductions From Insurance Proceeds
In determining the amount due under any life insurance policy issued, deduction may be made of: 1. Any unpaid premiums or installments thereof for...
- § 20-1230 Prohibition Of Dual Or Multiple Pay Policies
No life insurance policy shall be issued or delivered in this state if it provides that on the death of anyone not specifically named...
- § 20-1231 Standard Nonforfeiture Law For Life Insurance
A. This section may be cited as the standard nonforfeiture law for life insurance. B. Nonforfeiture provisions--Life. In the case of policies issued on...
- § 20-1231.01 Standard Nonforfeiture Law For Life Insurance; Table For Calculating Adjusted Premiums; Definitions
A. Except as provided in paragraph 7 of this section, on a policy issued on or after the operative date as provided in this...
- § 20-1232 Standard Nonforfeiture Law For Individual Deferred Annuities
A. No contract of annuity, except as stated in subsection K, shall be delivered or issued for delivery in this state unless the contract...
- § 20-1233 Free Look; Annuity Contracts
A. Each annuity contract delivered or issued for delivery in this state and each annuity application shall contain a notice prominently printed on or...
Article 1.1 Replacement of Life Insurance Policies and Annuity Contracts
Article 1.2 Annuity Disclosure
Article 1.3 Protection in Annuity Transactions
- § 20-1243 Definitions
In this article, unless the context otherwise requires: 1. " Annuity" means a fixed or variable annuity that is individually solicited, whether the product...
- § 20-1243.01 Scope And Limitation Of Article
A. This article applies to any recommendation to purchase or exchange an annuity that is made to a consumer by an insurance producer, or...
- § 20-1243.02 Exemptions
Unless otherwise specifically included, this article does not apply to recommendations involving: 1. Direct response solicitations if there is no recommendation based on information...
- § 20-1243.03 Duties Of Insurers And Insurance Producers
A. In recommending to a consumer the purchase of an annuity or the exchange of an annuity that results in another insurance transaction or...
- § 20-1243.04 Standards For Supervision
A. An insurer shall either assure that a system to supervise recommendations that is reasonably designed to achieve compliance with this article is established...
- § 20-1243.05 Mitigation Of Responsibility; Director Orders
A. The director may order: 1. An insurer to take reasonably appropriate corrective action for any consumer who is harmed by the insurer's or...
- § 20-1243.06 Record Keeping
A. Insurers, managing general agents, business entities and insurance producers shall maintain, or be able to make available to the director, records of the...
Article 2 Group Life Insurance and Group Annuity Contracts
- § 20-1251 Requirements For Group Contracts
A. Except as provided in subsection C of this section, no life insurance policy shall be delivered in this state insuring the lives of...
- § 20-1251.01 Credit Union Groups
The lives of a group of individuals may be insured under a policy issued to a credit union organized under the laws of this...
- § 20-1252 Employee Groups
The lives of a group of individuals may be insured under a policy issued to an employer, or to the trustees of a fund...
- § 20-1253 Debtor Groups
The lives of a group of individuals may be insured under a policy issued to a creditor, who shall be deemed the policyholder, to...
- § 20-1254 Labor Union Groups
The lives of a group of individuals may be insured under a policy issued to a labor union, which shall be deemed the policyholder,...
- § 20-1255 Trustee Groups
The lives of a group of individuals may be insured under a policy issued to the trustees of a fund established in this state...
- § 20-1256 Association Groups
The lives of a group of individuals may be insured under a policy issued to an association, or to a trust or to the...
- § 20-1257 Coverage Of Dependents; Definition
A. Insurance under any group life insurance policy that is issued pursuant to section 20-1252, 20-1254 or 20-1255 may be extended to insure the...
- § 20-1258 Standard Provisions Required In Group Life Insurance Policies
A. Except as set forth in subsection B of this section, no policy of group life insurance shall be delivered in this state unless...
- § 20-1259 Grace Period
In group life policies there shall be a provision that the policyholder is entitled to a grace period of thirty-one days for the payment...
- § 20-1260 Incontestability
In group life policies there shall be a provision that the validity of the policy shall not be contested, except for nonpayment of premiums,...
- § 20-1261 Attachment Of Application To Policy; Statements Of Persons Insured As Representations
In group life policies there shall be a provision that a copy of the application, if any, of the policyholder shall be attached to...
- § 20-1262 Right To Require Evidence Of Individual Insurability
In group life policies there shall be a provision setting forth the conditions, if any, under which the insurer reserves the right to require...
- § 20-1263 Misstatement Of Age
In group life policies there shall be a provision specifying an equitable adjustment of premiums or of benefits or of both to be made...
- § 20-1264 Beneficiary
In group life policies there shall be a provision that any sum becoming due by reason of the death of the person insured shall...
- § 20-1265 Individual Certificates
In group life policies there shall be a provision that the insurer will issue to the policyholder for delivery to each person insured an...
- § 20-1266 Conversion On Termination Of Eligibility
In group life policies there shall be a provision that if the insurance, or any portion of it, on a person covered under the...
- § 20-1267 Conversion On Termination Of Policy
In group life policies there shall be a provision that if the group policy terminates or is amended so as to terminate the insurance...
- § 20-1268 Death Pending Conversion
In group life policies there shall be a provision that if a person insured under the group policy dies during the period within which...
- § 20-1269 Notice Of Conversion Right
If any individual insured under a group life insurance policy delivered after January 1, 1955 in this state becomes entitled under the terms of...
- § 20-1270 Standard Provisions Required In Group Annuity Contracts
No group annuity contract shall be delivered or issued for delivery in this state and no certificate shall be used in connection therewith unless...
- § 20-1271 Grace Period In Group Annuity Contracts
In group annuity contracts there shall be a provision that there shall be a period of grace, either of thirty days or of one...
- § 20-1272 Documents Constituting Entire Group Annuity Contract
In group annuity contracts there shall be a provision specifying the document or documents which shall constitute the entire contract between the parties. The...
- § 20-1273 Misstatements In Group Annuity Contracts
In group annuity contracts there shall be a provision, with an appropriate reference thereto in the certificate, for the equitable adjustment of the benefits...
- § 20-1274 Nonforfeiture Benefits In Group Annuity Contract
A. In group annuity contracts there shall be a provision or provisions, with an appropriate reference thereto in the certificate, specifying the nature and...
- § 20-1275 Group Annuity Contract Certificates
In group annuity contracts there shall be a provision that the insurer will issue to the holder of the contract for delivery to each...
- § 20-1276 "Employee Life Insurance" Defined
A. " Employee life insurance" is that plan of life insurance, other than salary savings life insurance or pension trust insurance and annuities, under...
- § 20-1277 Assignability Of Group Life Insurance
Nothing in this title or in any other title shall be construed to prohibit any person insured under a group life insurance policy from...
Article 3 Industrial Life Insurance
- § 20-1301 Scope Of Article
The provisions of this article apply only to industrial life insurance policies. Section 20-1217 (contestability as to excluded or restricted coverage), section 20-1226 (limitation...
- § 20-1302 Required Provisions
No policy of industrial life insurance shall be delivered or be issued for delivery in this state unless it contains in substance the applicable...
- § 20-1303 Grace Period
There shall be a provision that the insured is entitled to a grace period of four weeks within which the payment of any premiums...
- § 20-1304 Application And Policy As Entire Contract; Statements Of Applicant As Representations
There shall be a provision that the policy shall constitute the entire contract between the parties, or, if a copy of the application is...
- § 20-1305 Incontestability
There shall be a provision that the policy, exclusive of provisions relating to disability benefits or to additional benefits in the event of death...
- § 20-1306 Misstatement Of Age
There shall be a provision that if it is found that the age of the individual insured, or the age of any other individual...
- § 20-1307 Dividends
If a participating policy, there shall be a provision that the insurer shall annually ascertain and apportion any divisible surplus accruing on the policy,...
- § 20-1308 Nonforfeiture Benefits
There shall be provisions for nonforfeiture benefits and cash surrender values as required by sections 20-1231 and 20-1231.01.
- § 20-1309 Reinstatement
There shall be a provision that unless the policy has been surrendered for its cash surrender value or unless the paid-up term insurance, if...
- § 20-1310 Settlement
There shall be a provision that when the policy becomes a claim by the death of the insured, settlement shall be made upon surrender...
- § 20-1311 Authority To Alter Contract
There shall be a provision that no insurance producer shall have the power or authority to waive, change or alter any of the terms...
- § 20-1312 Beneficiary; Change Of Beneficiary; Payment
A. Each policy shall have a space on the front or back page of the policy for the name of the beneficiary designated with...
- § 20-1313 Direct Payment Of Premiums
In the case of weekly premium policies, there may be a provision that upon proper notice to the insurer, while premiums on the policy...
- § 20-1314 Conversion Of Weekly Premium Policies
There shall be a provision in the case of weekly premium policies granting to the insured, upon proper written request and upon presentation of...
- § 20-1315 Conversion Of Monthly Premium Policies
There shall be a provision, in the case of monthly premium industrial policies, granting, upon proper written request and upon presentation of evidence of...
- § 20-1316 Title Of Policy
There shall be a title on the face of each such policy briefly describing its form.
- § 20-1317 Provisions Inapplicable To Single Premium Or Term Policies
Any of the provisions required by sections 20-1303 to 20-1316, inclusive, or any portion thereof which are not applicable to single premium or term...
- § 20-1318 Prohibited Provisions
No policy of industrial insurance shall contain any of the following provisions: 1. A provision by which the insurer may deny liability under the...
Article 4 Disability Insurance
- § 20-1341 Scope Of Article
Nothing in this article shall apply to or affect: 1. Any policy of liability or workers' compensation insurance with or without supplementary expense coverage...
- § 20-1342 Scope And Format Of Policy; Definitions
A. A policy of disability insurance shall not be delivered or issued for delivery to any person in this state unless it otherwise complies...
- § 20-1342.01 Children With Disabilities
An individual hospital or medical expense insurance policy delivered or issued for delivery in this state more than one hundred twenty days after August...
- § 20-1342.02 Disapproval Of Disability Policy Form
The director may disapprove any disability policy form if the benefits provided in the policy form are unreasonable in relation to the premium charged.
- § 20-1342.03 Disability Insurance; Clinical Trials; Cancer; Definitions
A. A disability insurer is not obligated to pay any costs, other than covered patient costs, that are directly associated with a cancer clinical...
- § 20-1342.04 Disability Insurance Policies; Varying Copayments And Deductibles Allowed
A. Except as provided in sections 20-1379 and 20-2304, a disability insurer may offer one or more disability insurance policies that contain a choice...
- § 20-1342.05 Eosinophilic Gastrointestinal Disorder; Formula
A. Any policy of disability insurance that is offered by a disability insurer and that contains a prescription drug benefit shall cover amino acid-based...
- § 20-1342.06 Contracts; Dentists; Covered Services; Definition
A. A contract, entered into or renewed on or after January 1, 2011, between a disability insurer and a dentist who is licensed to...
- § 20-1343 Policies Issued For Delivery In Another State
If any policy is issued by a domestic insurer for delivery to a person residing in another state, and if the official having responsibility...
- § 20-1344 Policy Provisions Required; Omissions; Substitutions
A. Except as provided in subsection B of this section, each such policy delivered or issued for delivery to any person in this state...
- § 20-1345 Policy And Attachments As Entire Contract; Changes In Policy
There shall be a provision as follows: " Entire contract; changes: This policy, including the endorsements and the attached papers, if any, constitutes the...
- § 20-1346 Time Limit On Defenses
A. There shall be a provision as follows: " Time limit on certain defenses: (a) After two years from the date of issue of...
- § 20-1347 Grace Period
A. There shall be a provision as follows: " Grace period: A grace period of ______________ (insert a number not less than 'seven' for...
- § 20-1348 Reinstatement
A. There shall be a provision as follows: " Reinstatement: If any renewal premium is not paid within the time granted the insured for...
- § 20-1349 Notice Of Claim
A. There shall be a provision as follows: " Notice of claim: Written notice of claim must be given to the insurer within twenty...
- § 20-1350 Claim Forms
There shall be a provision as follows: " Claim forms: The insurer, upon receipt of a notice of claim, will furnish to the claimant...
- § 20-1351 Proofs Of Loss
There shall be a provision as follows: " Proofs of loss: Written proof of loss must be furnished to the insurer at its said...
- § 20-1352 Time For Payment Of Claims
There shall be a provision as follows: " Time of payment of claims: Indemnities payable under this policy for any loss other than loss...
- § 20-1353 Payment Of Claims
A. There shall be a provision as follows: " Payment of claims: Indemnity for loss of life will be payable in accordance with the...
- § 20-1354 Physical Examination; Autopsy
There shall be a provision as follows: " Physical examinations and autopsy: The insurer at its own expense shall have the right and opportunity...
- § 20-1355 Legal Actions
There shall be a provision as follows: " Legal actions: No action at law or in equity shall be brought to recover on this...
- § 20-1356 Change Of Beneficiary
A. There shall be a provision as follows: " Change of beneficiary: Unless the insured makes an irrevocable designation of beneficiary, the right to...
- § 20-1357 Optional Policy Provisions
Except as provided in subsection B of section 20-1344, no such policy delivered or issued for delivery to any person in this state shall...
- § 20-1358 Change Of Occupation
There may be a provision as follows: " Change of occupation: If the insured be injured or contract sickness after having changed his occupation...
- § 20-1359 Misstatement Of Age
There may be a provision as follows: " Misstatement of age: If the age of the insured has been misstated, all amounts payable under...
- § 20-1360 Other Insurance In This Insurer
A. There may be a provision as follows: " Other insurance in this insurer: If an accident or sickness or accident and sickness policy...
- § 20-1361 Insurance With Other Insurers; Provision Of Service Or Expense Incurred Basis
A. There may be a provision as follows: " Insurance with other insurers: If there be other valid coverage, not with this insurer, providing...
- § 20-1362 Insurance With Other Insurers
A. There may be a provision as follows: " Insurance with other insurers: If there be other valid coverage, not with this insurer, providing...
- § 20-1363 Relation Of Earnings To Insurance
A. There may be a provision as follows: " Relation of earnings to insurance: If the total monthly amount of loss of time benefits...
- § 20-1364 Unpaid Premium
There may be a provision as follows: " Unpaid premium: Upon the payment of a claim under this policy, any premium then due and...
- § 20-1365 Cancellation
There may be a provision as follows: " Cancellation: The insurer may cancel this policy at any time by written notice delivered to the...
- § 20-1366 Conformity With Statutes
There may be a provision as follows: " Conformity with statutes: Any provision of this policy which, on its effective date, is in conflict...
- § 20-1367 Illegal Occupation
There may be a provision as follows: " Illegal occupation: The insurer shall not be liable for any loss to which a contributing cause...
- § 20-1368 Intoxicants And Narcotics
There may be a provision as follows: " Intoxicants and narcotics: The insurer shall not be liable for any loss sustained or contracted in...
- § 20-1369 Arrangement Of Provisions In Policy
The provisions which are the subject of sections 20-1345 to 20-1368, inclusive, or any corresponding provisions which are used in lieu thereof in accordance...
- § 20-1370 Third Party Ownership
The word " insured, " as used in this article shall not be construed as preventing a person other than the insured with a...
- § 20-1371 Policy Provision Requirements Of Other Jurisdictions
Any policy of a foreign or alien insurer, when delivered or issued for delivery to any person in this state, may contain any provision...
- § 20-1372 Effect Of Policy Containing Nonconforming Provisions
No policy provision which is not subject to this article shall cause a policy, or any portion thereof to be less favorable in any...
- § 20-1373 Age Limit
If any policy contains a provision establishing, as an age limit or otherwise, a date after which the coverage provided by the policy will...
- § 20-1374 Effective Date Of Provisions; Moratorium
A policy, rider or endorsement which could have been lawfully used or delivered or issued for delivery to any person in this state immediately...
- § 20-1375 Franchise Disability Insurance Law
Disability insurance on a franchise plan is declared to be that form of disability insurance issued to five or more employees of any corporation,...
- § 20-1376 Prohibiting Denial Of Certain Contract Benefits
A. Notwithstanding any provision of any disability insurance contract, benefits shall not be denied under the contract for any medical or surgical service performed...
- § 20-1376.01 Prohibiting Denial Of Chiropractic Contract Benefits; Direct Reimbursement
If a disability insurance contract provides for or offers reimbursement for any service which is within the lawful scope of the practice of a...
- § 20-1376.02 Prohibiting Denial Of Psychologist Contract Benefits
If a disability insurance contract provides for or offers reimbursement for any service which is within the lawful scope of the practice of a...
- § 20-1376.03 Prohibiting Denial Of Contract Benefits; Nurses; Reimbursement
If a disability insurance contract provides or offers reimbursement for any service which is within the scope of the practice of a registered nurse...
- § 20-1376.04 Prohibiting Denial Of Occupational Or Physical Therapist Contract Benefits
If a disability insurance contract provides coverage for occupational or physical therapy services, and provides both an in-network and out-of-network benefit, an insurer shall...
- § 20-1376.05 Telemedicine; Coverage Of Health Care Services; Definitions
A. All policies issued, delivered or renewed by a disability insurer on or after January 1, 2015 must provide coverage for health care services...
- § 20-1376.06 Cancer Treatment Medications; Cost Sharing; Definition
A. A disability insurance policy that is issued, delivered or renewed by a disability insurer on or after January 1, 2016 and that provides...
- § 20-1376.07 Prescriptions; Cost Sharing; Refills; Dispensing Fees; Definition
A. A disability insurance policy that is issued or renewed on or after January 1, 2017 and that provides coverage for prescription drugs: 1....
- § 20-1377 Continuation Of Coverage Under Individual Policies; Requirements; Exceptions; Renewability
A. A policy of disability insurance delivered or issued for delivery in this state shall provide for the right of covered family members to...
- § 20-1378 Eligibility; Prohibiting Cancellation Because Of Eligibility For Certain Benefits
A. Except as specifically provided in sections 20-1379 and 20-1380, with respect to the determination of whether a person is an eligible individual, an...
- § 20-1379 Guaranteed Availability Of Individual Health Insurance Coverage; Prior Group Coverage; Definitions
A. Every health care insurer that offers individual health insurance coverage in the individual market in this state shall provide guaranteed availability of coverage...
- § 20-1380 Guaranteed Renewability Of Individual Health Coverage
A. Except as provided in this section, on request of the insured individual, a health care insurer that provides individual health coverage to the...
- § 20-1381 Suspension Of Health Care Insurer Obligation To Issue Coverage On A Guaranteed Issuance Basis To Eligible Individuals
A. A health care insurer may apply to the director to suspend its obligation to issue coverage to eligible individuals pursuant to section 20-1379...
- § 20-1382 Health Care Insurers; Reporting Requirements
A. On or before March 1 of each year, each health care insurer shall submit to the director a written report that contains the...
- § 20-1383 Individual Health Insurance Policies; Mandatory Coverage Exemption; Definitions
A. A disability insurer may issue a policy to an uninsured individual that is not subject to the requirements of any of the following:...
Article 5 Group and Blanket Disability Insurance
- § 20-1401 Eligible Groups
A. Group disability insurance is that form of disability insurance covering groups of persons as defined below, with or without one or more members...
- § 20-1401.01 Group Disability Insurers; Notice; Copies
A. No person or insurer may deliver or issue for delivery to an employer in this state a certificate of insurance or other evidence...
- § 20-1402 Provisions Of Group Disability Policies; Definitions
A. Each group disability policy shall contain in substance the following provisions: 1. A provision that, in the absence of fraud, all statements made...
- § 20-1402.01 Group Disability Insurance; Clinical Trials; Cancer; Definitions
A. A group disability insurer is not obligated to pay any costs, other than covered patient costs, that are directly associated with a cancer...
- § 20-1402.02 Eosinophilic Gastrointestinal Disorder; Formula
A. Any group disability policy that is offered by a group disability insurer and that contains a prescription drug benefit shall cover amino acid-based...
- § 20-1402.03 Group Disability Insurers; Autism Spectrum Disorder; Coverage; Exceptions; Definitions
A. A group disability insurer shall not: 1. Exclude or deny coverage for a treatment or impose dollar limits, deductibles and coinsurance provisions based...
- § 20-1402.04 Contracts; Dentists; Covered Services; Definition
A. A contract, entered into or renewed on or after January 1, 2011, between a group disability insurer and a dentist who is licensed...
- § 20-1403 Direct Payment Of Hospital And Medical Services
Any group disability policy may provide that all or any portion of any indemnities provided by any such policy on account of hospital, nursing,...
- § 20-1404 Blanket Disability Insurance; Definitions
A. Blanket disability insurance is that form of disability insurance covering special groups of persons as enumerated in one of the following paragraphs: 1....
- § 20-1404.01 Blanket Disability Insurance; Clinical Trials; Cancer; Definitions
A. A blanket disability insurer is not obligated to pay any costs, other than patient costs, that are directly associated with a cancer clinical...
- § 20-1404.02 Eosinophilic Gastrointestinal Disorder; Formula
A. Any policy or contract that is offered by a blanket disability insurer and that contains a prescription drug benefit shall cover amino acid-based...
- § 20-1404.03 Blanket Disability Insurers; Autism Spectrum Disorder; Coverage; Exceptions; Definitions
A. A blanket disability insurer shall not: 1. Exclude or deny coverage for a treatment or impose dollar limits, deductibles and coinsurance provisions based...
- § 20-1404.04 Contracts; Dentists; Covered Services; Definition
A. A contract, entered into or renewed on or after January 1, 2011, between a blanket disability insurer and a dentist who is licensed...
- § 20-1405 Provisions Of Group And Blanket Disability Policy
The provisions of article 4 of chapter 6 of this title shall not apply to group disability or blanket disability insurance policies, but no...
- § 20-1406 Prohibiting Denial Of Certain Contract Benefits
A. Notwithstanding any provision of any group disability insurance contract or blanket disability insurance contract, benefits shall not be denied under the contract for...
- § 20-1406.01 Prohibiting Denial Of Chiropractic Contract Benefits; Direct Reimbursement
If a group disability insurance contract or blanket disability insurance contract provides for or offers reimbursement for any service which is within the lawful...
- § 20-1406.02 Prohibiting Denial Of Psychologist Contract Benefits
If a group disability insurance contract or blanket disability insurance contract provides for or offers reimbursement for any service which is within the lawful...
- § 20-1406.03 Prohibiting Denial Of Contract Benefits; Nursing; Reimbursement
If a group disability or blanket disability insurance contract provides or offers reimbursement for any service which is within the scope of the practice...
- § 20-1406.04 Prohibiting Denial Of Occupational Or Physical Therapist Contract Benefits
If a group disability or blanket disability insurance contract provides coverage for occupational or physical therapy services, and provides both an in-network and out-of-network...
- § 20-1406.05 Telemedicine; Coverage Of Health Care Services; Definitions
A. All policies issued, delivered or renewed by a group disability insurer or a blanket disability insurer on or after January 1, 2015 must...
- § 20-1406.06 Cancer Treatment Medications; Cost Sharing; Definition
A. A group or blanket disability policy that is issued, delivered or renewed by a group or blanket disability insurer on or after January...
- § 20-1406.07 Prescriptions; Cost Sharing; Refills; Dispensing Fees; Definition
A. A group or blanket disability insurance contract that is issued or renewed on or after January 1, 2017 and that provides coverage for...
- § 20-1407 Children With Disabilities
A group hospital or medical expense insurance policy delivered or issued for delivery in this state more than one hundred twenty days after August...
- § 20-1408 Right To Obtain Individual Policy; Requirements; Exceptions; Definition
A. Each group disability insurance policy delivered or issued for delivery in this state shall provide for the right of all persons covered under...
- § 20-1409 Right To Open Enrollment Period; Insureds; Definition
A. With respect to insureds who are members of a group with more than one carrier, if there is an insolvency of an insurer,...
- § 20-1410 Mail Order Prescription Drugs; Prohibition
From and after September 30, 1990, no medical benefits contract on a group basis delivered or issued for delivery in this state, whether issued...
- § 20-1411 Eligibility; Prohibiting Cancellation Because Of Eligibility For Certain Benefits
A. An insurer issuing group disability or blanket disability insurance contracts shall not consider the availability of or a person's eligibility for medical assistance...
- § 20-1412 Group And Blanket Disability Insurance Policies Or Contracts; Varying Copayments And Deductibles Allowed
A. Except as provided in sections 20-1379 and 20-2304, a group disability insurer or a blanket disability insurer may offer one or more disability...
Article 7 Property Insurance
- § 20-1501 Scope Of Article
This article shall not apply to vehicle, casualty, inland marine or ocean marine insurance, or reinsurance.
- § 20-1502 "Fire Insurance" Defined
" Fire insurance" is insurance against the perils of fire or lightning as written under the Arizona standard fire policy.
- § 20-1503 Arizona Standard Fire Policy
A. No policy of fire insurance covering property located in this state shall be made, issued or delivered unless it conforms as to all...
- § 20-1504 Variations From Standard Policy Format And Page Numbers
The pages of the standard fire insurance policy may be renumbered and the format rearranged for convenience in the preparation of individual contracts, and...
- § 20-1505 Policy Description Of Insurer
There shall be printed on the first or front page at the head of the standard fire insurance policy the name of the insurer...
- § 20-1506 Provisions Required By Charter Or Laws Of Other States
A domestic insurer may print in the standard fire policy any provisions which it is authorized or required by law to insert therein. A...
- § 20-1507 Riders; Endorsements; Additional Perils
A. Appropriate forms of additional contracts, riders or endorsements, insuring against indirect or consequential loss or damage, or against any one or more perils...
- § 20-1508 Designation As Standard Policy; Producer's Name
A. There may be printed upon the standard fire policy the words, " standard fire insurance policy for Arizona" , and there may be...
- § 20-1509 Loss Or Damage Caused By Nuclear Reaction, Or Nuclear Radiation Or Radio‑active Contamination Not Covered By Arizona Standard Fire Policy
Insurers issuing the standard policy pursuant to section 20-1503, are authorized to affix thereto a written statement that the policy does not cover loss...
Article 8 Surety Insurance
Article 8.1 Mortgage Guaranty Insurance
- § 20-1541 Definitions
In this article, unless the context otherwise requires: 1. " Authorized real estate security" means either: (a) Any amortized note, bond or other evidence...
- § 20-1542 Capital And Surplus
A. A mortgage guaranty insurance company shall not transact the business of mortgage guaranty insurance unless: 1. If a stock insurance company, it has...
- § 20-1543 Limitation On Geographic Concentration
A. A mortgage guaranty insurance company shall not: 1. Insure loans secured by a single risk in excess of ten per cent of the...
- § 20-1544 Limitation On Advertising
A mortgage guaranty insurance company or any agent or representative of a mortgage guaranty insurance company shall not prepare or distribute or assist in...
- § 20-1545 Limitation On Investment
A mortgage guaranty insurance company shall not invest in notes or other evidences of indebtedness secured by mortgage or other lien upon real property....
- § 20-1547 Mortgage Guaranty Insurance As Monoline
A. A mortgage guaranty insurance company that anywhere transacts any class of insurance other than mortgage guaranty insurance is not eligible for the issuance...
- § 20-1548 Underwriting Discrimination
A. Nothing in this article shall be construed as limiting the right of any mortgage guaranty insurance company to impose reasonable requirements upon the...
- § 20-1549 Policy Forms And Premium Rates Filed
A. A mortgage guaranty insurer shall file all policy forms, endorsements and rates a mortgage guaranty insurer proposes to use with the director pursuant...
- § 20-1550 Minimum Policyholder Position; Definitions
A. A mortgage guaranty insurer shall maintain at all times a minimum policyholder position in an amount not less than the amount required by...
- § 20-1551 Rebates, Commissions And Charges
A. A mortgage guaranty insurance company shall not pay or cause to be paid either directly or indirectly, to any owner, purchaser, lessor, lessee,...
- § 20-1552 Compensating Balances Prohibited
A. Except for commercial checking accounts and normal deposits in support of an active bank line of credit, a mortgage guaranty insurance company, its...
- § 20-1553 Conflict Of Interest
A. If it is a member of a holding company system, a mortgage guaranty insurance company licensed to transact business in this state shall...
- § 20-1554 Unearned Premium Reserve
A mortgage guaranty insurance company shall compute and maintain an unearned premium reserve that is according to the method approved by the director and...
- § 20-1555 Loss Reserve
A mortgage guaranty insurance company shall compute and maintain adequate case basis and other loss reserves which accurately reflect loss frequency and loss severity...
- § 20-1556 Contingency Reserve
A. In addition to the paid in capital and surplus provided in section 20-1542 each mortgage guaranty insurer shall establish a contingency reserve after...
- § 20-1556.01 Premium Deficiency Reserve
If the mortgage guaranty insurance company's anticipated losses, loss adjustment expenses, commissions and other acquisition costs and maintenance costs are more than the recorded...
- § 20-1557 Reinsurance
A. If a mortgage guaranty insurance company obtains reinsurance from an insurance company which is properly licensed to provide such reinsurance or from an...
- § 20-1558 Miscellaneous Reserves
A. If the laws of any other jurisdiction in which a mortgage guaranty insurance company, subject to the requirement of this article is also...
- § 20-1559 Mortgage Guaranty Insurers; Dividend Payment
A. Notwithstanding section 20-722, a domestic mortgage guaranty insurance company may pay dividends out of any available surplus monies if the mortgage guaranty insurance...
- § 20-1560 Examinations; Rules
A. The director may use independent contractor examiners pursuant to sections 20-148 and 20-159 to conduct examinations to review compliance with this article. All...
Article 9 Title Insurers
- § 20-1561 Law Governing Title Insurers
A. This article applies to all title insurers, title insurance rating organizations, title insurance agents, applicants for title insurance and policyholders and to all...
- § 20-1562 Definitions
In this article, unless the context otherwise requires: 1. " Abstract of title" means a written representation that is provided pursuant to a written...
- § 20-1563 Qualifications
A. Any foreign or domestic stock insurer authorized by its corporate charter to engage in business as a title insurer shall be entitled to...
- § 20-1564 Investments
A. A domestic title insurer shall invest and maintain invested funds to the amount of minimum paid-in capital required under this title only in...
- § 20-1565 Additional Powers
A. A title insurer may provide any other services reasonably related to the land title business and may engage in any other business which...
- § 20-1566 Taxation Of Title Insurers
A. In lieu of the premium tax provisions of section 20-224, title insurers shall be subject to taxation on income as other private corporations....
- § 20-1567 Determination Of Insurability Required
A. No policy or contract of title insurance shall be written on any risk located in this state except by a title insurer authorized...
- § 20-1568 Unearned Premium Reserve
A. Every title insurer shall, in addition to other reserves, establish and maintain a reserve to be known as the " unearned premium reserve"...
- § 20-1569 Amount Of Unearned Premium Reserve; Release
A. The unearned premium reserve of every title insurer shall consist of: 1. The amount of the unearned premium reserve held as of January...
- § 20-1570 Maintenance Of The Unearned Premium Reserve
If by reason of any cause, other than depreciation in the market value of investments, the amount of the assets of a title insurer...
- § 20-1571 Use Of The Unearned Premium Reserve On Liquidation, Dissolution Or Insolvency
A. If an order of rehabilitation or of liquidation shall have been entered with respect to a title insurer in accordance with the provisions...
- § 20-1572 Reserve For Unpaid Losses And Loss Expense
A. Each title insurer shall at all times establish and maintain, in addition to other reserves, a reserve against unpaid losses, and against loss...
- § 20-1573 Net Retained Liability
A. The net retained liability of any title insurer under any single insurance risk as defined in section 20-1562, paragraphs 4 and 7 shall...
- § 20-1574 Power To Reinsure
A. Any title insurer authorized to engage in the business of title insurance in this state may cede reinsurance of all or any part...
- § 20-1575 Foreign Title Insurers; Resident Agent Required
A. A title insurer that is not incorporated under the laws of this state, but is authorized to transact business herein, shall not make,...
- § 20-1576 Mergers And Consolidations Of Title Insurers
A. A title insurer incorporated under the laws of this state may merge, be merged by or consolidated with, one or more title insurers...
- § 20-1577 Corporate Acquisitions Other Than By Merger Or Consolidation
A. A title insurer incorporated under the laws of this state may issue stock in exchange for all or any part of the assets...
- § 20-1578 Purchase Or Acquisition Of Controlling Stock
A. In the event any person or persons propose to purchase or acquire the controlling capital stock of any domestic title insurer, such person...
- § 20-1580 Title Insurance Agents To Be Licensed
A. Title insurance agents shall be licensed by the director. Application for license shall be made on forms approved by the director, and the...
- § 20-1581 Title Insurance Agents; Books; Records; Revocation Of License
A. Every title insurance agent shall keep books of account, records and vouchers pertaining to the business of title insurance in such a manner...
- § 20-1582 Title Insurance Agents; Replies To Inquiries By Director
Every title insurance agent shall promptly reply, in writing, with a copy thereof to each title insurer for which the agent is acting, to...
- § 20-1583 Title Insurance Agents; Certain Names Prohibited
A. An agent for a title insurer shall not adopt a corporate or business name containing the words " title insurance" , " title...
- § 20-1584 Commissions; Right To Pay
A title insurer may pay a commission to a licensed title insurance agent or other title insurer.
- § 20-1585 Commissions; Other Considerations Prohibited
No title insurer and no title insurance agent shall pay or give to any applicant for insurance, or to any person who is acting...
- § 20-1586 Rebates Or Reduced Fees
A. No title insurer nor title insurance agent shall knowingly make any rebate of any portion of the fee or charge established pursuant to...
- § 20-1587 Personal Or Controlled Insurance
A. As used in this article " personal or controlled insurance" means a policy of title insurance where the insured or one of the...
- § 20-1588 Examination Of Records; Order; Notice
A. If he has reason to believe that any title insurance agent has violated or is violating any of the provisions of this article,...
- § 20-1589 Violations; Classification
Every title insurer and every title insurance agent who knowingly pays any commission, or which makes any unlawful rebate, in violation of this article...
- § 20-1590 Permitted Division Of Fees
Nothing in this article shall be construed to prohibit the division of fees and charges between or among two or more title insurers or...
- § 20-1591 Forms Of Policies And Other Contracts Of Title Insurance; Approval Or Disapproval
A. Every title insurer shall file with the director all forms of title policies and other contracts of title insurance before issuance of any...
- § 20-1592 Records
A. Every domestic title insurer shall, except as hereinafter provided, keep and maintain at its principal office in this state: 1. A true copy...
- § 20-1593 Joint Examination; Department Of Financial Institutions; Powers And Duties
A. The director and the superintendent of financial institutions shall conduct their examinations of title insurers and title insurance agents according to the following:...
Article 10 Consumer Credit Insurance
- § 20-1602 Scope And Repeal
A. All consumer credit insurance issued, sold or made effective in connection with a loan or other credit transaction for personal, family or household...
- § 20-1603 Definitions
In this article, unless the context otherwise requires: 1. " Consumer credit insurance" means any one or a combination of the following: (a) Credit...
- § 20-1604 Types Of Consumer Credit Insurance
The types of consumer credit insurance may each be written separately or in combination on an individual policy or group policy basis. The director...
- § 20-1605 Maximum Amount Of Credit Life Insurance
A. The initial amount of credit life insurance shall not exceed the gross debt. B. If a debt is repayable in substantially equal installments,...
- § 20-1606 Maximum Amount Of Credit Disability Insurance And Credit Unemployment Insurance
A. The total amount of periodic indemnity payable by credit disability insurance in the event of disability, as defined in the policy, or credit...
- § 20-1606.01 Credit Unemployment Insurance; Provisions
A. A credit unemployment insurance policy shall contain benefits that are at least as favorable to insureds as the following provisions: 1. The policy...
- § 20-1607 Term Of Insurance
A. Subject to acceptance by the insurer, the term of any consumer credit insurance shall commence on the date when the debtor becomes obligated...
- § 20-1608 Policy Provisions And Disclosures
A. Before a debtor elects to purchase consumer credit insurance, the following information shall be disclosed to the debtor in the manner provided in...
- § 20-1609 Filing, Approval And Disapproval Of Forms
A. A person shall not use or issue for delivery in this state a policy, certificate of insurance, application for insurance, endorsement or rider...
- § 20-1610 Premiums For Consumer Credit Insurance; Approval Or Disapproval Of Rates
A. The consumer credit insurance charge to the debtor shall not exceed the premium for the particular coverage that is specified in the insurer's...
- § 20-1611 Refunds
A. Each individual policy or group certificate of consumer credit insurance shall provide that, in the event of termination of insurance prior to the...
- § 20-1612 Authorization For Issuance Of Policies
A. Each policy, certificate of insurance, application for insurance, endorsement and rider of consumer credit insurance delivered or issued for delivery in this state...
- § 20-1613 Reporting And Settlement Of Claims
A. In accordance with the terms of the applicable insurance contract, each claim shall be promptly reported to the insurer or to its designated...
- § 20-1614 Debtor's Option In Satisfying Security
When consumer credit insurance is required as a condition to a loan or credit transaction or as security for a debt, if so permitted...
- § 20-1615 Rules
In the manner prescribed by section 20-143, the director may make reasonable rules as the director deems appropriate for proper administration of this article.
- § 20-1616 Cease And Desist Order; Hearing
On finding that a person has violated this article or a rule adopted pursuant to this article, the director may issue an order directing...
- § 20-1616.01 Penalties
In addition to any other penalties authorized by this title, after notice and a hearing, the director may impose on an insurer that violates...
Article 10.1 Credit Property Insurance
- § 20-1621 Scope Of Article
A. This article applies to an insurer or producer transacting credit property insurance. B. All credit property insurance written in connection with credit transactions...
- § 20-1621.01 Definitions
In this article, unless the context otherwise requires: 1. " Closed-end credit" means a credit transaction that does not meet the definition of open-end...
- § 20-1621.02 Amount; Term; Coverage; Prohibited Practices
A. For credit property insurance sold in conjunction with a closed-end transaction, an insurer shall not: 1. Issue credit property insurance coverage unless the...
- § 20-1621.03 Disclosure To Debtors; Provisions Of Policies; Certificates Of Insurance
A. Before a debtor elects to purchase credit property insurance, the following information shall be disclosed to the debtor in writing: 1. Purchase of...
- § 20-1621.04 Rates And Forms; Filing; Approval; Withdrawal Of Approval
A. A person shall not deliver, or issue for delivery in this state, any credit property insurance policy or rate unless the person has...
- § 20-1621.05 Reasonableness Of Benefits In Relation To Premium Charged
A. An insurer's premium rates shall be reasonable in relation to the benefits provided and shall not be excessive, inadequate or unfairly discriminatory. B....
- § 20-1621.06 Experience Reports
An insurer transacting credit property insurance in this state shall annually file with the director and the national association of insurance commissioner's a report...
- § 20-1621.07 Cancellation And Refund Of Unearned Premium
On cancellation for any reason, the debtor is entitled to a refund of unearned premiums calculated on a daily pro rata basis, except that...
- § 20-1621.08 Claims
A. A creditor shall promptly report all claims to the insurer or its designated claim representative. B. All claims shall be paid either by...
- § 20-1621.09 Cease And Desist Order; Hearing
On finding that a person has violated this article or a rule adopted pursuant to this article, the director may issue an order directing...
- § 20-1621.10 Rules
The director may adopt any rules reasonably necessary to carry out and effectuate this article.
- § 20-1621.11 Penalties
In addition to any other penalties authorized by this title, after notice and a hearing, the director may impose on an insurer that violates...
Article 11 Cancellation or Non-Renewal of Automobile Insurance
Article 12 Cancellation or Nonrenewal of Insurance
- § 20-1651 Application; Types Of Risks
This article shall apply to policies of insurance, other than motor vehicle insurance and workers' compensation insurance, on risks located or resident in this...
- § 20-1652 Grounds For Valid Notice Of Cancellation; Inquiries; Definitions
A. After a policy has been in effect for sixty days or, if the policy is a renewal, effective immediately, no notice of cancellation...
- § 20-1653 Mailing Of Notice Of Cancellation Or Nonrenewal To Insured; Statement Of Grounds And Facts On Which Cancellation Or Nonrenewal Is Based
All notices of cancellation or nonrenewal shall be in writing, shall be mailed to the named insured at the address shown in the policy...
- § 20-1654 Mailing Or Delivery Of Notice Of Intention Not To Renew To Insured; Time; Term Of Policy
A. Unless the insurer, at least thirty days in advance of the end of the policy period, mails or delivers to the named insured...
- § 20-1655 Liability Of Insurer And Representatives For Statements In Notice Of Cancellation, Other Communication Or Evidence Given In Court Relating To Cancellation
There shall be no liability on the part of, and no cause of action of any nature shall arise against, any insurer or its...
- § 20-1656 Proof Of Mailing As Proof Of Notice
Proof of mailing of a notice of cancellation and the reasons for cancellation or of intention not to renew to the named insured at...
Article 13 Mass Marketed Life or Health Insurance
Article 14 Cancellation or Nonrenewal of Commercial Insurance
- § 20-1671 Scope Of Article
This article applies to commercial property insurance policies, commercial liability policies and commercial multi-peril insurance policies other than automobile policies. This article does not...
- § 20-1672 Definitions
In this article, unless the context otherwise requires: 1. " Cancellation" means termination of a policy at a date other than its expiration date....
- § 20-1673 Grounds For Valid Cancellation
A. No insurer may cancel an insurance policy before the expiration of the agreed term or one year from the effective date of the...
- § 20-1674 Notice Of Cancellation
A. No cancellation under section 20-1673 is effective unless the insurer mails or electronically delivers, consistent with the requirements of title 44, chapter 26,...
- § 20-1675 Liability Of Insurer And Representatives For Statements In Notice Of Cancellation, Other Communication Or Evidence Given In Court Relating To Cancellation
There is no liability on the part of and no cause of action of any nature arises against any insurer or its authorized representatives,...
- § 20-1676 Notice Of Nonrenewal
A. This article does not apply to the nonrenewal of insurance policies except as provided in subsection B of this section. B. No nonrenewal...
- § 20-1677 Notice Of Premium Or Coverage Changes
A. An insurer shall mail or deliver to the named insured at the mailing address shown on the policy written notice of premium increase,...
- § 20-1678 Proof Of Notice
Proof of mailing of the notice or cancellation, or of nonrenewal or of premium or coverage changes, to the named insured at the address...
- § 20-1679 Application And Effective Date
This article applies only to policies with coverage effective dates that are after the effective date of this article.
Article 15 Long-Term Care Insurance
- § 20-1691 Definitions
In this article, unless the context otherwise requires: 1. " Applicant" means: (a) In the case of an individual long-term care insurance policy, the...
- § 20-1691.01 Applicability And Scope
A. Except as otherwise provided in this article, this article applies to all long-term care insurance policies delivered or issued for delivery in this...
- § 20-1691.02 Adoption Of Rules
The director may adopt reasonable rules to implement this article, including rules that: 1. Establish specific standards for policy provisions of long-term care insurance...
- § 20-1691.03 Limitations Of Long‑term Care Insurance Policies
A. No insurer may cancel, fail to renew or otherwise terminate a long-term care insurance policy solely on the grounds of the age or...
- § 20-1691.04 Requirements For Certain Group Coverage
A. Before advertising, marketing or offering a policy within this state issued to a group defined in section 20-1691, paragraph 5, subdivision (c), the...
- § 20-1691.05 Prior Institutionalization
A. A long-term care insurance policy delivered or issued for delivery in this state on or after July 1, 1990 shall not condition availability...
- § 20-1691.06 Outline Of Coverage; Certificate
A. An outline of coverage shall be delivered to an applicant for a long-term care insurance policy at the time of initial solicitation through...
- § 20-1691.07 Right To Return
A. A person insured under a long-term care insurance policy or certificate shall have the right to return the policy or certificate within thirty...
- § 20-1691.08 Rate And Form Review; Disapproval
A. A person shall not deliver or issue for delivery in this state any long-term care insurance policy or rate unless the person has...
- § 20-1691.09 Penalties
In addition to any other penalty provided by law, an insurer or insurance producer who is found to have violated any provision relating to...
- § 20-1691.10 Contestable Periods
A. If a policy or certificate has been in force for less than six months, an insurer may rescind a long-term care insurance policy...
- § 20-1691.11 Nonforfeiture Benefits
A. Except as provided in subsection B of this section, a person shall not deliver or issue for delivery in this state a long-term...
- § 20-1691.12 Insurance Producer Training Course Requirements
A. An individual may not sell, solicit or negotiate long-term care insurance unless the individual: 1. Is licensed as an insurance producer for accident...
Article 16 Adopted Child Coverage
- § 20-1692 Definitions
In this article, unless the context otherwise requires: 1. " Alternate recipient" means a child of a participant who has a right to enrollment...
- § 20-1692.01 Requirements For Coverage
A. If a group health plan provides coverage for the dependent children of participants or beneficiaries under the plan, the plan shall provide benefits...
- § 20-1692.02 Eligibility Under Title XIX Of The Social Security Act
A. An insurer, hospital and medical service corporation, health care services organization group health plan shall not consider the availability of or a person's...
- § 20-1692.03 Coverage Of Children
A. Insurers, hospital and medical service corporations, health care services organizations, group health plans and prepaid dental plans shall not deny enrollment of a...
Article 17 Portable Electronics Insurance
- § 20-1693 Definitions
In this article, unless the context otherwise requires: 1. " Customer" means a person who purchases portable electronics or services. 2. " Enrolled customer"...
- § 20-1693.01 Licensure Of Vendors
A. The director may issue, and a vendor who intends to sell or offer insurance coverage under a portable electronics insurance policy is required...
- § 20-1693.02 Portable Electronics Insurance; Requirements; Disclosures
A. At every location where portable electronics insurance is offered to customers, brochures or other written materials must be made available to a prospective...
- § 20-1693.03 Portable Electronics Vendors; Authority; Charges For Portable Electronics Insurance; Accounting
A. The employees and authorized representatives of vendors may sell or offer portable electronics insurance to customers and shall not be subject to licensure...
- § 20-1693.04 Suspension Or Revocation Of License
If a vendor or its employee or authorized representative violates any provision of this article, the director may impose penalties pursuant to section 20-295,...
- § 20-1693.05 Termination Of Portable Electronics Insurance; Notice; Cancellation
A. Notwithstanding any other law: 1. An insurer may terminate or otherwise change the terms and conditions of a portable electronics insurance policy only...
- § 20-1693.06 Application Of Existing Laws
To the extent not inconsistent with this article, sections 20-281, 20-289 and 20-289.01, section 20-290, subsection A and sections 20-291, 20-292, 20-295, 20-296, 20-297,...
Chapter 7 PROFESSIONAL LIABILITY INSURANCE
Article 2 Health Care Insurers
Article 3 Insurance Review Committees
Article 4 Reporting Requirements
Chapter 8 LIFE CARE CONTRACTS
Article 1 General Provisions
- § 20-1801 Definitions
In this chapter, unless the context otherwise requires: 1. " Assets of a life care facility" means those assets held in the name of...
- § 20-1802 Permit Required; Application; Definition
A. No person may solicit or enter into a life care contract as a provider or as a provider extend the term of an...
- § 20-1803 Issuance Of Permit
A. The director shall review applications for completeness and issue a report of deficiencies to the applicant within sixty days of receipt of the...
- § 20-1804 Entrance Fee Escrow
A. As a condition for the issuance of a permit pursuant to section 20-1803, the director shall require that the provider establish an escrow...
- § 20-1805 Recording Of Lien By Director
A. The director shall, as a condition to granting a permit to an applicant, record with the county recorder of any county a notice...
- § 20-1806 Reserve Fund Escrow
The director shall, as a condition of the issuance of a permit pursuant to section 20-1803, require that the provider maintain on a current...
- § 20-1807 Annual Report; Civil Penalty
A. Each year not later than ninety days after the last day of the provider's fiscal year, each provider shall file with the department...
- § 20-1808 Ratio Of Assets To Liabilities; Report; Rehabilitation Of Provider
A. The provider shall possess assets in the first year of operation equal to at least seventy-five per cent of the unamortized endowment fees...
- § 20-1809 Examination
The director may conduct an examination of the affairs of any provider as often as he deems it necessary for the protection of the...
- § 20-1810 Rules And Regulations
The director may promulgate reasonable rules and regulations for effectuating any provision of this chapter.
- § 20-1811 Violation; Classification
After January 1, 1978, any person acting in the capacity of a provider who enters into a life care contract, or extends the term...
- § 20-1812 Disclosure Statement; Contents
At the time of or prior to the execution of a life care contract and the transfer of any money or other property to...
Chapter 9 AUTOMOBILE THEFT, FIRE AND ARSON REPORTING IMMUNITY
Article 1 General Provisions
Chapter 11 INSURANCE INFORMATION AND PRIVACY PROTECTION
Article 1 General Provisions
- § 20-2101 Scope
A. This chapter applies to insurance institutions, insurance producers or insurance support organizations that: 1. In the case of life, health or disability insurance...
- § 20-2102 Definitions
In this chapter, unless the context otherwise requires: 1. " Adverse underwriting decision" means any of the following actions involving insurance coverage which is...
- § 20-2103 Pretext Interviews; Exception
An insurance institution, insurance producer or insurance support organization shall not use or authorize the use of pretext interviews to obtain information in connection...
- § 20-2104 Notice Of Insurance Information Practices
A. An insurance institution or insurance producer shall provide a notice of information practices to applicants and policyholders in connection with insurance transactions as...
- § 20-2105 Marketing And Research Surveys; Disclosure Of Questions
An insurance institution or insurance producer shall clearly specify those questions designed to obtain information solely for marketing or research purposes from an individual...
- § 20-2106 Content Of Disclosure Authorization Forms
Notwithstanding any other statute no insurance institution, insurance producer or insurance support organization may utilize as its disclosure authorization form in connection with insurance...
- § 20-2107 Investigative Consumer Reports
A. No insurance institution, insurance producer or insurance support organization may prepare or request an investigative consumer report about an individual in connection with...
- § 20-2108 Access To Recorded Personal Information
A. If any individual, after proper identification, submits a written request to an insurance institution, insurance producer or insurance support organization for access to...
- § 20-2109 Correction, Amendment Or Deletion Of Recorded Personal Information
A. Within thirty business days from the date of receipt of a written request from an individual to correct, amend or delete any recorded...
- § 20-2110 Reasons For Adverse Underwriting Decisions
A. In the event of an adverse underwriting decision the insurance institution or insurance producer responsible for the decision shall either provide the applicant,...
- § 20-2111 Information Concerning Previous Adverse Underwriting Decisions
An insurance institution, insurance producer or insurance support organization shall not seek information in connection with an insurance transaction concerning any previous adverse underwriting...
- § 20-2112 Previous Adverse Underwriting Decisions
An insurance institution or insurance producer shall not base an adverse underwriting decision in whole or in part: 1. On the fact of a...
- § 20-2113 Disclosure Limitations And Conditions
An insurance institution, insurance producer or insurance support organization shall not disclose any personal or privileged information about an individual collected or received in...
- § 20-2113.01 Consumer Reporting Agency; Sale Of Information Obtained By Insurance Inquiry Prohibited; Exceptions
A. A consumer reporting agency shall not provide or sell data or lists that include any information that in whole or in part was...
- § 20-2114 Director; Powers
A. The director may examine and investigate the affairs of every insurance institution or insurance producer doing business in this state to determine whether...
- § 20-2115 Service Of Process; Insurance Support Organizations
For the purpose of this chapter, an insurance support organization transacting business outside this state which has an effect on a person residing in...
- § 20-2116 Cease And Desist Order And Reports
If, after a hearing, the director determines that the insurance institution, insurance producer or insurance support organization charged has engaged in conduct or practices...
- § 20-2117 Civil Penalty
A. In any case in which a hearing results in the finding of a knowing violation of this chapter, the director may, in addition...
- § 20-2118 Individual Remedies
A. If any insurance institution, insurance producer or insurance support organization fails to comply with the rights granted under sections 20-2108 through 20-2110, any...
- § 20-2119 Immunity
No claim for relief in the nature of defamation, invasion of privacy or negligency may arise against any person for disclosing personal or privileged...
- § 20-2120 No Limitation Of Common Law Right
Nothing in this article shall limit any common law right of any person.
- § 20-2121 Enforcement Of Privacy Provisions Of Gramm Leach Bliley Act
A. The department may enforce title V, subtitle A of the Gramm Leach Bliley act (15 United States Code sections 6801 through 6809) related...
- § 20-2122 Partial Exemption For Health Insurers Subject To Hipaa
A. Except as provided in subsection B of this section, if an insurance institution is subject to and in compliance with 45 Code of...
Chapter 12 JOINT UNDERWRITING ASSOCIATION
Article 1 General Provisions
- § 20-2201 Voluntary Plans; Assessments; Fund
A. If the director finds after a hearing that in any part of this state any liability insurance coverage is not readily available in...
- § 20-2202 Joint Underwriting Association; Establishment
A. There is established in the department of insurance a joint underwriting association consisting of insurers authorized to write and engaged in writing in...
- § 20-2203 Powers Of The Joint Underwriting Association
The association may, on behalf of its members and with the approval of the director, do all of the following, which may be exercised...
- § 20-2204 Directors; Election; Appointment
A. The association shall be governed by a board of eleven directors annually appointed by the director. Six of the directors shall be selected...
- § 20-2205 Plan Of Operation; Contents
Within forty-five days after the effective date of the initial order of the director issued pursuant to section 20-2202, the directors of the association...
- § 20-2206 Approval Of Plan Of Operation
A. The plan of operation prepared pursuant to section 20-2205 is subject to approval by the director after consultation with the members of the...
- § 20-2207 Amendments To The Plan Of Operation
Amendments to the plan of operation may be made by the directors of the association, subject to the approval of the director, or shall...
- § 20-2208 Policies Issued By The Association; Claims‑made Basis
Except as otherwise provided in this chapter, a liability insurance policy issued by the association shall be on a claims-made basis. The policy form...
- § 20-2209 Claims‑made Policy; Cancellation
A policy issued pursuant to this chapter may provide that the association may cancel any of its policies for the reasons specified in section...
- § 20-2210 Occurrence Riders; Premiums; Assessments
A. All policies written by the association shall contain a provision that guarantees the insured that the association shall issue, on the written demand...
- § 20-2211 Rates; Actuary
A. The rates, rating plans, rating rules, rating classifications and territories applicable to insurance written by the association, and the statistics relating thereto, are...
- § 20-2212 Deficits; Equitable Assessments; Premium Tax Credits
A. On a determination that within the next one hundred eighty days thereafter the association will be unable to pay its outstanding lawful obligations...
- § 20-2213 Initial Assessment; Temporary Contribution By Members
A. An initial assessment of up to five hundred dollars may be imposed by the director on every participating insurer of the association to...
- § 20-2214 Member Participation In Writings, Expenses, Servicing Allowance, Management Fees And Losses
All members of the association shall participate in its writings, expenses, servicing allowance, management fees and losses in the proportion that the net direct...
- § 20-2215 Appeal By Applicants To The Association; Order
Any applicant to the association or any person insured pursuant to this chapter, or their representatives, or any affected member may appeal to the...
- § 20-2216 Annual Filing; Contents
Annually on or before January 1, the association shall file in the office of the director a statement which contains information with respect to...
- § 20-2217 Annual Examination By The Director
The director shall make an examination into the affairs of the association at least annually. The examination shall be conducted and the report filed...
- § 20-2218 Costs; Charge To The Association
All reasonable and necessary costs incurred by the director pursuant to this chapter shall be charged to and immediately reimbursed by the association.
- § 20-2219 Liability Of The Association
There is no liability on the part of nor does any cause of action accrue against the association or its members, the director or...
- § 20-2220 Prohibition From Membership In Arizona Guaranty Fund
The association shall not be a member of the Arizona guaranty fund nor shall that fund or this state or any of its political...
- § 20-2221 Dissolution
Dissolution of the association, including its assets and liabilities, shall be accomplished under the supervision of the director.
Chapter 13 ACCOUNTABLE HEALTH PLANS
Article 1 Accountable Health Plans
- § 20-2301 Definitions; Late Enrollee Coverage
A. In this chapter, unless the context otherwise requires: 1. " Accountable health plan" means an entity that offers, issues or otherwise provides a...
- § 20-2302 Scope Of Article
A. This article applies to any health benefits plan that provides coverage to eligible employees or dependents in this state and that is issued...
- § 20-2303 Approval As Accountable Health Plan; Definition
An entity may offer, issue or otherwise provide a health benefits plan only if the entity is authorized to transact insurance in this state...
- § 20-2304 Availability Of Insurance; Premium Tax Exemption
A. As a condition of doing business in this state, each accountable health plan shall offer at least one health benefits plan on a...
- § 20-2305 Accountable Health Plan Uniform Employee Health Status Questionnaire; Committee; Definition
A. The uniform employee health status questionnaire committee is established in the department consisting of at least nine members, including the director or the...
- § 20-2306 Use Of Uniform Employee Health Status Questionnaire
A. An accountable health plan shall use the uniform employee health status questionnaire prescribed pursuant to section 20-2305 for all small groups for which...
- § 20-2307 Eligibility; Annual Open Enrollment Period
A. Except as otherwise provided in this section or section 20-2308 or 20-2309, an accountable health plan may not exclude from coverage any employee...
- § 20-2308 Portability
A newborn child, adopted child or child placed for adoption is an eligible individual if the child was timely enrolled and otherwise would have...
- § 20-2309 Renewability
A. At least sixty days before the date of expiration of a health benefits plan, an accountable health plan that provides a health benefits...
- § 20-2310 Discrimination Prohibited; Preexisting Conditions; Wellness Programs
A. Except as provided in subsection B of this section, a health benefits plan may not deny, limit or condition the coverage or benefits...
- § 20-2311 Premium Rates And Rating Practices
A. The premium rate that an accountable health plan charges during a rating period for a health benefits plan issued to a small employer...
- § 20-2313 Marketing Practices
A. An accountable health plan or its insurance producer shall not: 1. Discourage an employer from filing an application for a health benefits plan...
- § 20-2318 Mandatory Coverage Prohibited
Notwithstanding any law to the contrary, the basic health benefit plan is not subject to the requirements of section 20-461, subsection A, paragraph 16...
- § 20-2320 Exchange Of Information
A. By January 1, 1995, but no sooner than twelve months after approval of a form by the American national standards institute, an accountable...
- § 20-2321 Maternity Benefits; Adoption; Coverage
A. A contract that is issued to an enrollee pursuant to this article and that provides coverage for maternity benefits shall also provide that...
- § 20-2322 Mental Health Services And Benefits; Definitions
A. Beginning on January 1, 1998, any health benefits plan that is offered by an accountable health plan and that provides services or health...
- § 20-2324 Bona Fide Associations; Definition
A. On or before January 1 of each year, every association that qualifies as a bona fide association shall file a statement with the...
- § 20-2325 Diabetes; Equipment; Supplies
A. Any health benefits plan that is offered by an accountable health plan and that provides coverage for diabetes shall also provide coverage for...
- § 20-2326 Drugs; Cancer Treatment; Definitions
A. Any health benefits plan that is offered by an accountable health plan and that provides coverage for prescription drugs shall not limit or...
- § 20-2327 Metabolic Disorders; Medical Foods; Definitions
A. Any health benefits plan that is offered by an accountable health plan and that contains a prescription drug benefit shall provide coverage of...
- § 20-2328 Accountable Health Plans; Clinical Trials; Cancer; Definitions
A. An accountable health plan is not obligated to pay any costs, other than covered patient costs, that are directly associated with a cancer...
- § 20-2329 Prescription Contraceptive Drugs And Devices; Definition
A. An accountable health plan that provides a health benefits plan that provides coverage for: 1. Prescription drugs shall also provide coverage for any...
- § 20-2330 Participation In Healthcare Group
A. An accountable health plan may contract with the Arizona health care cost containment system administration to provide health care services pursuant to section...
- § 20-2331 Accountable Health Plans; Varying Copayments And Deductibles Allowed
A. Except as provided in sections 20-1379 and 20-2304, an accountable health plan may offer one or more health benefits plans that contain a...
- § 20-2332 Eosinophilic Gastrointestinal Disorder; Formula
A. Any health benefit plan that is offered by an accountable health plan and that contains a prescription drug benefit shall cover amino acid-based...
Article 2 Uninsured Small Business Health Insurance Plans
Chapter 14 RISK RETENTION GROUPS
Article 1 General Provisions
- § 20-2401 Definitions
In this chapter, unless the context otherwise requires: 1. " Completed operations liability" means liability arising out of the installation, maintenance or repair of...
- § 20-2402 Risk Retention Groups Chartered And Licensed In This State
A. A risk retention group, pursuant to this title, shall be chartered and licensed to write only liability insurance pursuant to this chapter and,...
- § 20-2403 Risk Retention Groups Not Chartered And Licensed In This State
A. Before offering insurance in this state, a risk retention group shall submit to the director all of the following: 1. Evidence that the...
- § 20-2404 Compulsory Associations
A. No risk retention group is required or permitted to join or contribute financially to any insurance insolvency guaranty fund, or similar mechanism, in...
- § 20-2405 Countersignatures Not Required
A policy of insurance issued to a risk retention group or any member of that group is not required to be countersigned as provided...
- § 20-2406 Purchasing Groups; Exemption From Certain Laws Relating To The Group Purchase Of Insurance
A. A purchasing group which meets the criteria established under the federal liability risk retention act of 1986 is exempt from any law of...
- § 20-2407 Notice And Registration Requirements Of Purchasing Groups
A. A purchasing group which intends to do business in this state, before doing business, shall furnish notice to the director which: 1. Identifies...
- § 20-2408 Restrictions On Insurance Purchased By Purchasing Groups
A. A purchasing group may not purchase insurance from a risk retention group that is not chartered in a state or from an insurer...
- § 20-2409 Administrative And Procedural Authority Regarding Risk Retention Groups And Purchasing Groups
The director may make use of any of the powers established under this title to enforce the laws of this state so long as...
- § 20-2410 Penalties
A risk retention group which violates any provision of this chapter is subject to civil penalties set forth in section 20-220 and section 20-456...
- § 20-2411 Duty Of Insurance Producer To Obtain License
A. No person, firm, association or corporation may act or aid in any manner in soliciting, negotiating or procuring liability insurance in this state...
- § 20-2412 Binding Effect Of Orders Issued In United States District Court
An order issued by any district court of the United States enjoining a risk retention group from soliciting or selling insurance or operating in...
- § 20-2413 Rules
The director may adopt rules relating to risk retention groups as may be necessary or desirable to carry out the provisions of this chapter.
Chapter 15 UTILIZATION REVIEW
Article 1 General Provisions
Article 2 Health Care Appeals
Chapter 16 VARIABLE LIFE PRODUCTS
Article 1 Variable Life Insurance
Article 2 Variable Annuities
- § 20-2631 Definitions
In this article, unless the context otherwise requires: 1. " Company" means an insurer licensed pursuant to this title to transact life insurance or...
- § 20-2632 Qualifications To Issue Variable Annuities
A. A company shall not issue or issue for delivery in this state variable annuities unless the director is satisfied that the company's condition...
- § 20-2633 Separate Account; Annuities
A. A domestic company that issues variable annuities shall establish one or more separate accounts pursuant to section 20-651. B. Except pursuant to subsection...
- § 20-2634 Filing Of Contracts; Approval
Unless exempt pursuant to chapter 5, article 1 of this title, each insurer shall file with the director all variable annuity contracts and all...
- § 20-2635 Variable Annuity Contracts
A. A variable annuity that provides benefits payable in variable amounts and that is delivered or issued for delivery in this state shall contain...
- § 20-2636 Nonforfeiture Benefits; Exceptions; Definition
A. This section does not apply to the following: 1. Reinsurance. 2. Group annuity contract purchases that are made in connection with one or...
- § 20-2637 Reports
A. At least once in each contract year after the first contract year, a company that issues individual variable annuities shall mail to the...
- § 20-2638 Foreign Companies
If the law in a foreign company's domiciliary state provides a degree of protection to the policyholders and the public that is substantially equal...
Article 3 Agent Qualifications
Chapter 17 ACCESS TO EMERGENCY HEALTH CARE
Article 1 General Provisions
Chapter 18 CONTINUING EDUCATION
Article 1 General Provisions
Chapter 20 TIMELY PAYMENT OF CLAIMS
Article 1 General Provisions
Chapter 21 HEALTH CARE INSURER LIABILITY
Article 1 General Provisions
- § 20-3151 Definitions
For the purposes of this section: 1. " Enrollee" means an individual who is enrolled in a health care plan provided by a health...
- § 20-3152 Exemptions; Waiver
A. This chapter does not create: 1. Any liability on the part of any employer or employer group purchasing organization that purchases coverage or...
- § 20-3153 Health Care Insurer Liability
A. A health care insurer is liable for any damages caused to the insurer's enrollee by the insurer's delay in authorizing or failure to...
- § 20-3154 Health Care Appeals; Admissibility
In an action under this chapter, any person, enrollee or health care insurer may introduce into evidence for any purpose any of the documents,...
- § 20-3155 Notice Of Intent To File Suit
A. Before an enrollee files an action pursuant to section 20-3153, the enrollee shall either: 1. Complete the health care appeals process prescribed in...
Chapter 22 LIFE SETTLEMENTS
Article 1 General Provisions
- § 20-3201 Definitions
In this chapter, unless the context otherwise requires: 1. " Advertising" means any written, electronic or printed communication or any communication by means of...
- § 20-3202 Licensure; Requirements
A. Except as otherwise provided in this section, a person shall not act as a provider or broker with any owner who is a...
- § 20-3203 Contract Requirements
A. A person may not use any form of life settlement contract in this state unless it is filed with and, if required, approved...
- § 20-3204 Provider And Broker Disclosures To Owners; Violation; Classification
A. The provider or broker shall provide in writing the following information, in a separate document that is signed by the owner and provider,...
- § 20-3205 Privacy
Except as otherwise provided by law, a provider, broker, insurance company, insurance producer or any other person with actual knowledge of an insured's identity...
- § 20-3206 Rule Making; Examinations
A. The director may adopt rules reasonably necessary to regulate life settlements and transactions consistent with the provisions of this chapter. B. The director,...
- § 20-3207 Conduct Of Examinations; Examination Reports; Confidentiality
A. The director may investigate suspected fraudulent life settlement acts and persons engaged in the business of life settlements. B. After determining that an...
- § 20-3208 Conflict Of Interest; Examiners
A. The director may not appoint an examiner if the examiner, either directly or indirectly, has a conflict of interest or is affiliated with...
- § 20-3209 Immunity From Liability
A. The director, the director's authorized representatives or any examiner appointed by the director is not liable for any statements made or conduct performed...
- § 20-3210 Annual Statements; Record Retention
A. Each licensed provider shall file with the director on or before March 1 of each year an annual statement in a form prescribed...
- § 20-3211 Contract Requirements; Execution; Rescission; Definition
A. A provider entering into a life settlement contract with any owner of a policy in which the insured is terminally ill shall first...
- § 20-3212 Scope Of Chapter
This chapter does not: 1. Preempt the authority or relieve the duty of other law enforcement or regulatory agencies to investigate, examine and prosecute...
- § 20-3213 Applicability
A. A provider lawfully transacting business in this state before the effective date of this chapter may continue to transact business in this state,...
- § 20-3214 Injunctions; Civil Remedies; Cease And Desist
A. In addition to the penalties and other enforcement provisions of this chapter, if any person violates any provision of this chapter or any...
- § 20-3215 Penalties
A. It is a violation of this chapter for any person, provider, broker or party related to the business of life settlements to commit...
Chapter 23 INTERSTATE INSURANCE PRODUCT REGULATION COMPACT
Article 1 General Provisions
Chapter 24 INSURANCE COMPLIANCE AUDIT PRIVILEGE
Article 1 General Provisions
Last modified: October 13, 2016