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 Alaska Administrative Code (Last Updated: January 12, 2017)
 Title 3. Commerce, Community, and Economic Development.
 Part 3.1. Banking, Securities, Small Loans and Corporations.
 Chapter 3.31. Miscellaneous.
 Article 3.31.2. Filing Procedure for Forms, Rates, Manuals, Rating Plans, and Rules.

  Section 3.31.210. Filing.  

Latest version. 
  • 	(a)  Each filing submitted to the director by electronic mail must include the appropriate transmittal document as described in 3 AAC 31.221 or 3 AAC 31.225. The transmittal document is considered part of the filing. Each filing submitted using an electronic filing system approved under AS 21.96.080 by the director must include the information specified in the transmittal document as described in 3 AAC 31.221 or 3 AAC 31.225 in the appropriate fields.  
	(b)  Except as provided in (d)(1) - (3) and (e) of this section, a separate filing must be made for each type of insurance.  
	(c)  Forms must be submitted separately from rates and rules.  
	(d)  For property and casualty types of insurance,  
		(1) private passenger auto liability and private passenger auto physical damage types of insurance may be submitted in a single filing;  
		(2) commercial auto liability and commercial auto physical damage types of insurance may be submitted in a single filing;  
		(3) new rates, rules, or forms that apply to different or multiple types of insurance but have the same purpose and effect, or revisions or replacements to existing rates, rules, or forms that apply to different or multiple types of insurance where the proposed revisions have the same purpose and effect, may be submitted in a single filing;  
		(4) rates and rules may be submitted in a single filing when filed under AS 21.39.041 or 21.39.220;  
		(5) rates filed under AS 21.39.210 may only contain rules that are revised to update the corresponding rate changes; and  
		(6) if rate, rule, and form filings for a single program are submitted at the same time, the transmittal document for each filing must cross-reference the other filings submitted for the program.  
	(e)  For life, annuity, and health types of insurance offered to employer groups, a single filing with multiple life, annuity, and health types of insurance may be filed.  
	(f)  Except for health care insurance rates or forms, and subject to the requirements under (b) and (d) of this section, insurers with the same National Association of Insurance Commissioners' group number may submit substantially similar rates, rules, or forms  
		(1) in a single filing for all insurers if the filing  
			(A) contains the name of each insurer;  
			(B) clearly describes the differences between the rates, rules, or forms if they differ by insurer; and  
			(C) clearly identifies which insurer will use each rate, rule, or form; or  
		(2) in separate filings for each insurer if the filing  
			(A) cross-references any substantially similar filings for other insurers in the group that are submitted simultaneously or have already been submitted; and  
			(B) describes any differences in the rates, rules, or forms submitted in each filing.  
	(g)  An insurer shall include in each applicable filing a cross-reference to other similar or related filings that are submitted simultaneously with the new filing or other similar or related filings that have already been submitted. The filing must describe any differences between the new rates, rules, or forms in the new filing and any similar or related filing.  
	(h)  If a filing is a revision to or replacement of an existing rate, rule, or form, the filing must include each assigned identification number under which the material proposed for revision is currently approved or authorized. The filing must also include a marked copy of the form, rule, or rate page showing the new material underlined and the deleted material with a line stricken through it, or by a similar method of identifying changes that has been approved by the director. A revised or replaced item that is not identified as required may not be approved or authorized for use.  
	(i)  If a filing is a resubmission of a prior filing that was withdrawn or disapproved, the filing must include the identification number assigned to the withdrawn or disapproved filing and must specifically address any questions or comments raised by the director with respect to the withdrawn or disapproved filing. The filing must also include a marked copy of the form, rule or rate page showing the new material underlined and the deleted material with a line stricken through it, or by a similar method of identifying changes that has been approved by the director. A revised or replaced item that is not identified as required may not be approved or authorized for use.  
	(j)  Upon receipt of a filing, the director will assign an identification number to the filing. All subsequent communications regarding the filing must include the assigned identification number.  
	(k)  If the filing does not include the information required under 3 AAC 31.221 or 3 AAC 31.225 and all other information required under this section, the director may reject the filing and the rate, rule, or form may not be used.  
	(l)  If an insurer's response to questions asked by the director does not provide all the information requested or is submitted to the director less than five days before the expiration of the waiting period and an extension under AS 21.42.125, the director will disapprove the filing or consider the failure of an adequate response to be a request to withdraw the filing.  
	(m)  An insurer may not issue insurance to a resident of this state under a group including an out-of-state group that does not meet the requirements of AS 21.54.060 for health insurance, AS 21.54.070 for blanket insurance, and AS 21.48.010 for life insurance. Before issuing coverage to a resident of this state through a policy issued to an association or trust, including a union trust, an insurer must file and obtain the director's approval for each association or trust through which a resident of this state will be issued coverage subject to the following:  
		(1) if the constitution or bylaws of the association or trust are modified, the insurer must refile and obtain approval of the association or trust;  
		(2) the filing for approval of the association or trust must be submitted separately from the forms subject to filing under AS 21.42.120 that will be issued to the association or trust unless the forms will be issued exclusively to the association or trust.  
	(n)  Life and health insurers submitting a form filing consisting of endorsements, applications, declarations, or schedules that will be attached to a previously approved or authorized policy or coverage form must include the identification number of the filing in which the policy or coverage form was approved or authorized.  
	(o)  A filing is not required if the only change to the form is a change to the insurer's logo.

Authorities

21.06.090;21.39.040;21.39.041;21.39.210;21.39.220;21.42.120;21.42.123;21.42.125;21.48.010;21.54.060;21.54.070;21.57.080;21.66.370;21.66.450;21.84.255;21.86.070;21.87.180;21.87.190;21.96.080

Notes