(a) A contract of insurance placed by a surplus lines broker under this chapter is not binding upon the insured and a premium charged is not due and payable until
(1) the surplus lines broker has notified the insured in writing, a copy of which shall be maintained by the surplus lines broker with the records of the contract, available for examination, that the insurer with whom the surplus lines broker places the insurance does not hold a certificate of authority issued by this state and is not subject to its supervision, and, in the event of the insolvency of the surplus lines insurer, losses will not be covered under AS 21.80 (Alaska Insurance Guaranty Association Act); or
(2) the producing broker has notified the insured and the surplus lines broker in writing, a copy of which shall be maintained by the producing broker and the surplus lines broker with the records of the contract, available for examination, that the insurer with whom the surplus lines is placed does not hold a certificate of authority issued by this state and is not subject to this state's supervision, and, in the event of the insolvency of the surplus lines insurer, losses will not be covered under AS 21.80 (Alaska Insurance Guaranty Association Act).
(b) Nothing in this section may be construed as nullifying an agreement by an insurer to provide insurance.
Structure Alaska Statutes
Chapter 34. Surplus Lines Insurance
Sec. 21.34.020. Placement of surplus lines insurance.
Sec. 21.34.025. Subscription policies or joint underwriting in combination with admitted insurers.
Sec. 21.34.030. Workers' compensation insurance.
Sec. 21.34.035. Health care insurance.
Sec. 21.34.040. Eligible surplus lines insurers required.
Sec. 21.34.050. Listing eligible surplus lines insurers.
Sec. 21.34.060. Other nonadmitted insurers.
Sec. 21.34.070. Declaration of ineligibility.
Sec. 21.34.080. Transaction report; evidence of insurance.
Sec. 21.34.090. Surplus lines association.
Sec. 21.34.100. Evidence of insurance.
Sec. 21.34.110. Surplus lines broker's duty to notify insured.
Sec. 21.34.120. Validity of surplus lines contracts.
Sec. 21.34.130. Effect of payment to surplus lines broker.
Sec. 21.34.150. Surplus lines brokers may accept business from other brokers.
Sec. 21.34.170. Quarterly reports, summary of exported business.
Sec. 21.34.180. Surplus lines tax.
Sec. 21.34.200. Collection of taxes and fees.
Sec. 21.34.220. Actions against surplus lines insurer; service of process.