Current through February 24, 2025
(a) Any person
transacting a business of insurance who participates in the investigation,
adjustment, negotiation, or settlement of a first-party claim must:
(1) within 10 working days after receipt of
notification of a claim, give written acknowledgement to the first-party
claimant identifying the person handling the claim, including the person's
name, address, telephone number, the firm name, and the file number; payment of
the claim within 10 working days after notification is satisfactory
acknowledgement; provision of necessary claim forms, written instructions, and
assistance as required in (3) of this subsection is satisfactory
acknowledgement; notification of a claim to an agent constitutes notification
to the principal;
(2) within 15
working days after receipt, make an appropriate reply to all other
communications from a first-party claimant which reasonably indicates that a
response is expected; receipt of a communication by an agent constitutes
receipt by the principal;
(3) upon
receipt of notification of a claim, promptly provide necessary claim forms,
instructions, and assistance so that the first-party claimant is able to comply
with legal, policy, or contract provisions and other reasonable
requirements.
(b) Any
person transacting a business of insurance who participates in the
investigations, adjustment, negotiation, or settlement of a third-party claim
must:
(1) within 10 working days after
notification of the claim from a third-party claimant, give written
acknowledgement to the third-party claimant, identifying the person handling
the claim, including the person's name, address, phone number, the firm name,
and the file number; payment of the claim within 10 working days after
notification is satisfactory acknowledgement; provision of necessary claim
forms, written instructions, and assistance as required in (3) of this
subsection is satisfactory acknowledgement; notification of a claim to an agent
constitutes notification to the principal;
(2) within 15 working days after receipt,
make an appropriate reply to all other communications from a third-party
claimant which reasonably indicates that a response is expected; receipt of a
communication by an agent constitutes receipt by the principal;
(3) upon receipt of notification of a claim
from a third-party, promptly provide necessary claim forms, instructions and
assistance that is reasonable so that the third-party claimant is able to
comply with any reasonable requirement;
(4) within 10 working days after notification
of a claim received from or on behalf of an insured, give written
acknowledgement to the insured, identifying the person handling the claim,
including the person's name, mailing address, telephone number, the firm name,
and the file number; notification of a claim to an agent constitutes
notification to the principal.
(c) If notification of a claim is received in
the form of a suit, a demand for arbitration, application for adjudication, or
other pleading, any person transacting a business of insurance who participates
in the investigation, adjustment, negotiation, or settlement of a claim shall
comply with the rules of that particular forum rather than this section only so
long as the claim is pending in that forum.
(d) This section does not apply to an
insurance claim subject to
AS
21.36.495 or other health insurance claim for
which the insurer complies with
AS
21.36.495.
In 2010 the revisor of statutes, acting under
AS
01.05.031, redesignated former
AS
21.36.350 as
AS
21.36.125(c). As of Register
196 (January 2011), the regulations attorney made a conforming technical
revision under
AS
44.62.125(b)(6), to the
authority citation that follows 3 AAC 26.040, deleting the citation to former
AS
21.36.350 to reflect that the authority
citation already includes a citation to
AS
21.36.125, the section where material
formerly in
AS
21.36.350 was
relocated.
Authority:AS
21.06.090
AS 21.36.125
AS
21.36.495
