Arizona Revised Statutes (Last Updated: March 31, 2016) |
Title 20. Insurance |
Chapter 2. TRANSACTION OF INSURANCE BUSINESS |
Article 1. Authorization of Insurers and General Requirements |
Sec 20-201. "Alien" insurer defined |
Sec 20-202. "Charter" defined |
Sec 20-202.01. Stock insurer's initial free surplus defined |
Sec 20-202.02. Mutual insurer's minimum required basic surplus defined |
Sec 20-202.03. Mutual insurer's initial free surplus defined |
Sec 20-202.04. Reciprocal insurer's required basic surplus defined |
Sec 20-202.05. Reciprocal insurer's initial free surplus defined |
Sec 20-203. "Domestic" insurer defined |
Sec 20-204. "Foreign" insurer defined |
Sec 20-205. "State," "United States" defined |
Sec 20-206. Authority to transact insurance |
Sec 20-207. General qualifications to transact insurance |
Sec 20-208. Definition of guaranteed investment contract |
Sec 20-209. Kinds of insurance an insurer may transact |
Sec 20-210. Minimum required capital stock or basic surplus |
Sec 20-211. Surplus required |
Sec 20-212. Funds required to transact additional kinds of insurance |
Sec 20-213. Deposit requirements |
Sec 20-214. Financial requirements; escalator provisions |
Sec 20-215. Application for certificate of authority |
Sec 20-216. Issuance or refusal of certificate |
Sec 20-217. Certificate of authority; term; termination; delivery upon termination or revocation |
Sec 20-218. Name of insurer |
Sec 20-218.01. Appointment of a statutory agent |
Sec 20-218.02. Change of known place of business or statutory agent |
Sec 20-219. Mandatory revocation or suspension |
Sec 20-220. Certificate of authority; refusal to renew; revocation or suspension; civil penalty |
Sec 20-220.01. Hazardous financial condition; determination; order |
Sec 20-221. Director as agent for service of process |
Sec 20-222. Service of process; time to answer |
Sec 20-223. Annual statement; payment of fees; penalty for failure to file or pay |
Sec 20-223.01. Annual report of product liability insurer |
Sec 20-224. Premium tax; reports |
Sec 20-224.01. Additional premium tax |
Sec 20-224.02. Credit for overpayment of tax |
Sec 20-224.03. Premium tax credit for new employment |
Sec 20-224.04. Premium tax credit for increased employment in military reuse zones; definitions |
Sec 20-224.05. Premium tax credit for health insurance certificates submitted by qualified persons; definitions |
Sec 20-224.06. Premium tax credit for contributions to school tuition organization; low-income scholarships |
Sec 20-224.07. Premium tax credit for contributions to school tuition organization; displaced students and students with disabilities |
Sec 20-225. Failure to pay tax; penalty |
Sec 20-226. Exclusive character of premium tax; exception |
Sec 20-227. Disposition of tax proceeds |
Sec 20-228. Exemption of insurers from general corporation reports and fees |
Sec 20-229. Countersignature of insurance producer; exceptions |
Sec 20-230. Retaliation |
Sec 20-231. Transfer of domicile |
Sec 20-232. Junior achievement program; exemption from licensure |
Sec 20-233. Additional information required of insurer; disclosure to director; violation; classification |
Sec 20-234. Filing requirement; participation in the insurance regulatory information system |
Sec 20-235. Insurers; financial disclosure; requirements |
Sec 20-236. Civil penalty for failure to respond to a request for verification of financial responsibility |
Sec 20-237. Failure to provide information; penalty |
Sec 20-238. Health insurance; state regulation; rating areas; definitions |
Sec 20-239. Electronic communications and records; applicability; definitions |
Sec 20-240. Electronic posting of policies; definitions |
Article 2. Kinds of Insurance; Reinsurance; Limits of Risk |
Sec 20-251. Definitions not mutually exclusive |
Sec 20-252. "Casualty insurance" defined |
Sec 20-253. "Disability insurance" defined |
Sec 20-254. "Life insurance" defined |
Sec 20-254.01. "Annuities" defined |
Sec 20-255. "Marine and transportation insurance" defined |
Sec 20-256. "Property insurance" defined |
Sec 20-257. "Surety insurance" defined |
Sec 20-258. Multiple line insurers |
Sec 20-259. "Vehicle insurance" defined |
Sec 20-259.01. Motor vehicle liability policy; uninsured optional; underinsured optional; subrogation; medical payments liens; definitions |
Sec 20-259.02. Coverage to include car pool operators and car pool vehicles; definitions |
Sec 20-259.03. Uninsured and underinsured motorist coverages; insured; wrongful death recovery |
Sec 20-260. Limit of risk |
Sec 20-261. Authorized reinsurance |
Sec 20-261.01. Credit for reinsurance |
Sec 20-261.02. Reduction from liability for reinsurance ceded by a domestic insurer to an assuming insurer |
Sec 20-261.03. Qualified United States financial institution; definitions |
Sec 20-261.04. Reinsurance agreements affected |
Sec 20-261.05. Credit for reinsurance |
Sec 20-261.06. Asset or reduction from liability for reinsurance ceded by a domestic insurer to an assuming insurer |
Sec 20-261.07. Reinsurance agreements affected |
Sec 20-261.08. Rules |
Sec 20-262. Motor vehicle insurance policy; reduction of rate for older person completing accident prevention course; course requirements |
Sec 20-263. Vehicle insurance; prohibited act by insurer; hearing; penalty |
Sec 20-264. Automobile insurance; damaged safety equipment deductible optional; definition |
Sec 20-265. Motor vehicle insurance; premium comparisons and complaint ratios |
Sec 20-266. Minimum liability policy; availability |
Sec 20-267. Motor vehicle liability policies; monthly basis; fee |
Sec 20-268. Motor vehicle subrogation |
Sec 20-270. Residential property insurance; prohibited acts |
Sec 20-271. Lienholders; proof; accidents; notice; applicability |
Article 3. Insurance Producer Licensing |
Sec 20-281. Definitions |
Sec 20-282. License required |
Sec 20-283. Exceptions to insurance producer licensing |
Sec 20-284. Application for examination |
Sec 20-285. Application for license |
Sec 20-286. Licensure; lines of authority |
Sec 20-287. Nonresident licensing |
Sec 20-288. Exemption from examination |
Sec 20-289. Expiration; surrender; renewal |
Sec 20-289.01. Inactive license or application status during military service |
Sec 20-290. Insurance producer records; individual licensees |
Sec 20-291. Service of process on nonresident licensees |
Sec 20-292. Violation; injunctive relief |
Sec 20-293. Insurance vending machines |
Sec 20-294. Temporary licensing |
Sec 20-295. License denial, suspension or revocation; civil penalty |
Sec 20-296. Effect of suspension or revocation of license |
Sec 20-297. Assumed business name; trade name |
Sec 20-298. Commissions |
Sec 20-299. Sharing of information |
Sec 20-300. Reciprocity |
Sec 20-301. Report of actions |
Sec 20-302. Rules |
Article 3.1. Managing General Agents |
Sec 20-311. Definition of managing general agent; exceptions; adjustment or payment of claims |
Sec 20-311.01. Managing general agents; requirements |
Sec 20-311.02. Requirements for managing general agent agreements |
Article 3.2. Adjusters |
Sec 20-321. Definitions |
Sec 20-321.01. Licensing of adjusters; qualifications; exemption |
Sec 20-321.02. Application of other laws |
Article 3.3. Other Insurance Professionals |
Sec 20-331. Rental car agents; definitions |
Sec 20-331.01. Political subdivision employees; risk management consultant licenses; application of other laws |
Sec 20-332. Self-service storage agents; license; definitions |
Sec 20-333. Limited lines travel insurance producer business entity license; requirements; travel retailers; definitions |
Article 3.4. Navigators and Certified Application Counselors |
Sec 20-336. Definitions |
Sec 20-336.01. Scope and application of article |
Sec 20-336.02. License required |
Sec 20-336.03. Navigators; licensing |
Sec 20-336.04. Certified application counselors; licensing |
Sec 20-336.05. Enforcement; rules |
Sec 20-336.06. Application of other laws |
Article 3.5. Bail Bond Agents and Bail Recovery Agents |
Sec 20-340. Definitions |
Sec 20-340.01. Bail bond agents; licensure; business entities; place of business; receipt; maintenance of records |
Sec 20-340.02. Bond of bail bond agents |
Sec 20-340.03. Bail bond agent prohibitions |
Sec 20-340.04. Bail recovery agent prohibitions; criminal records checks |
Sec 20-340.05. Rules |
Sec 20-340.06. Application of other laws |
Article 4. Rates and Rating Organizations |
Sec 20-341. Purpose of insurance rate regulation |
Sec 20-342. Scope and application of article |
Sec 20-343. Definitions |
Sec 20-344. Uniform plans |
Sec 20-356. Making of rates |
Sec 20-357. Filing of rating system; definition |
Sec 20-358. Disapproval of rates |
Sec 20-359. Deviations from filed workers' compensation rates |
Sec 20-361. Licensing of rating organizations |
Sec 20-362. Notice to director of changes in rating organization |
Sec 20-363. Availability of services of rating organization to members |
Sec 20-364. Technical services |
Sec 20-365. Cooperation in rate making |
Sec 20-366. Appeal by member or subscriber from action relating to filings |
Sec 20-367. Workers' compensation appeals board; composition |
Sec 20-367.01. Appeals procedure |
Sec 20-368. Advisory organizations |
Sec 20-369. Joint underwriting or joint reinsurance |
Sec 20-370. Examinations of rating organizations |
Sec 20-371. Rate administration |
Sec 20-372. Disclosure of information relating to rates |
Sec 20-373. Commissions and fees |
Sec 20-374. Revocation and suspension of licenses |
Sec 20-375. Making of title insurance rates |
Sec 20-376. Filing of title insurance rates; approval or disapproval |
Sec 20-377. Justification for title insurance rates |
Sec 20-378. Disapproval of title insurance filings |
Sec 20-379. Deviations in title insurance rates |
Article 4.1. Open Competition Rates and Rating Organizations |
Sec 20-381. Definitions |
Sec 20-382. Scope of application |
Sec 20-383. Rate standards |
Sec 20-384. Rating criteria |
Sec 20-385. Filing of rates |
Sec 20-386. Filings open to inspection |
Sec 20-387. Delegation of rate making and rate filing obligations |
Sec 20-388. Disapproval of rates |
Sec 20-389. Rate service organizations; license; application |
Sec 20-390. Advisory organizations; filing with director |
Sec 20-391. Joint underwriting and joint reinsurance organizations; filing with director |
Sec 20-392. Rate agreements among insurers prohibited |
Sec 20-393. Recording and reporting of experience |
Sec 20-394. Examination of rate service organizations and joint underwriting and joint reinsurance organizations |
Sec 20-395. Apportionment agreements among insurers |
Sec 20-396. Hearing and judicial review |
Sec 20-397. Penalties; exception |
Sec 20-398. Policy forms; approval or disapproval; exemption |
Sec 20-399. Payment of dividends |
Article 4.2. Compliance With Filed Rates |
Sec 20-400. Scope of provisions |
Sec 20-400.01. Unjustified adjustments |
Sec 20-400.02. Submittal of data comparing premiums charged to filed rates |
Sec 20-400.03. Penalties |
Sec 20-400.04. Examinations |
Sec 20-400.05. Examiners and examination related expenses |
Sec 20-400.07. Report of examination |
Sec 20-400.08. Insurance consumer advisory board |
Sec 20-400.09. Rules |
Sec 20-400.10. Industrial insureds |
Article 5. Unauthorized Insurers |
Sec 20-401. Definitions |
Sec 20-401.01. Unlawful transaction of insurance business; exemptions |
Sec 20-401.02. Violation; cease and desist orders; injunctive relief |
Sec 20-401.03. Service of process in an action by the director of insurance |
Sec 20-401.04. Action by attorney general to enforce order or decision of court or director; foreign decrees |
Sec 20-401.05. Certificate of exemption; definitions |
Sec 20-401.06. Unauthorized transactions; classification |
Sec 20-401.07. Premium receipts tax on industrial insureds contracting with unauthorized insurer; definitions |
Sec 20-402. Validity of contracts |
Sec 20-403. Service of process in an action by someone other than the director of insurance |
Sec 20-404. Exemptions |
Sec 20-405. Prerequisites for participating in court action |
Sec 20-406. Attorneys' fees in action against insurer |
Sec 20-407. Surplus lines; brokers |
Sec 20-408. Report of broker; civil penalty |
Sec 20-409. Recognized surplus lines |
Sec 20-410. Validity of surplus lines insurance; disclosure; policy fees |
Sec 20-411. Licensing of surplus lines broker; examination |
Sec 20-411.01. Licensing of Mexican insurance surplus lines broker |
Sec 20-411.02. Nonresident surplus lines broker; remittance of tax on insurance procured out of state |
Sec 20-412. Acceptance of surplus lines business by broker |
Sec 20-413. Placing of surplus lines coverage; endorsement by broker; list of unauthorized insurers; removal from list; definition |
Sec 20-414. Records of surplus lines brokers |
Sec 20-415. Statement of surplus lines insurance business transacted by broker; reporting periods |
Sec 20-416. Tax on surplus lines |
Sec 20-416.01. Collection and payment of tax on surplus lines; multistate agreement |
Sec 20-417. Failure to remit tax; civil penalty |
Sec 20-418. Denial, revocation or suspension of license; civil penalty |
Sec 20-419. Legal process against surplus lines insurer |
Sec 20-420. Exemptions from surplus lines provisions |
Sec 20-421. Access of director to records of person insured by unauthorized insurer |
Sec 20-422. Alien insurance for coverage in Mexico |
Sec 20-423. Voluntary domestic organization of surplus lines brokers; membership; stamping fee collection; meetings; definition |
Article 6. Unfair Practices and Frauds |
Sec 20-441. Purpose of article; definition |
Sec 20-442. Unfair trade practices prohibited |
Sec 20-443. Misrepresentations and false advertising of policies; false disclosure of compensation |
Sec 20-443.01. Misrepresentation in sale of insurance; violation; classification |
Sec 20-443.02. Stranger originated life insurance |
Sec 20-444. False or deceptive advertising of insurance or status as insurer |
Sec 20-445. Defamation |
Sec 20-446. Acts tending to result in unreasonable restraint or monopoly of insurance business |
Sec 20-447. False financial statements or records |
Sec 20-448. Unfair discrimination; definitions |
Sec 20-448.01. Required insurance procedures relating to HIV information; confidentiality; violations; penalties; definitions |
Sec 20-448.02. Genetic testing; informed consent; definitions |
Sec 20-449. Rebates on life or disability insurance |
Sec 20-450. Practices not prohibited as discrimination or rebates in life and disability insurance; wellness programs |
Sec 20-451. Rebates on other than life or disability insurance |
Sec 20-452. Prohibited inducements |
Sec 20-452.01. Designation of particular insurer or person transacting insurance prohibited |
Sec 20-452.02. Exceptions |
Sec 20-452.03. Evidence of nonviolation |
Sec 20-452.04. Investigation by director of alleged violations |
Sec 20-453. Programs for purchase by policyholders of securities of insurance companies |
Sec 20-454. Programs for purchase by policyholders of securities of companies not engaged in insurance |
Sec 20-455. Interlocking ownership or management; multiple directorship |
Sec 20-456. Cease and desist order for defined or prohibited practices; civil penalty |
Sec 20-457. Premature disposal of premium notes prohibited |
Sec 20-458. Fraudulent statement in application; classification |
Sec 20-459. Deferred dividends; life |
Sec 20-460. Free choice of insurance producer |
Sec 20-461. Unfair claim settlement practices |
Sec 20-462. Timely payment of claims |
Sec 20-463. Fraud; injunction; penalties; restitution; definitions |
Sec 20-463.01. Unlawful practices; auto glass repair; policyholders; insurers |
Sec 20-464. Prohibiting payment for services to persons other than the assignee |
Sec 20-465. Fees; deposits; exception |
Sec 20-466. Fraud unit; peace officer status; powers; information sharing duty of insurers |
Sec 20-466.01. Fraud; classification |
Sec 20-466.02. Injunction; restitution; civil penalties; costs |
Sec 20-466.03. Notice of penalty for false or fraudulent claims; definition |
Sec 20-466.04. Referrals to other licensing agencies; definition |
Sec 20-467. Return premiums; penalties |
Sec 20-468. Motor vehicle loss; policyholder choice of repair facility |
Sec 20-469. Motor vehicle loss; choice of glass repair facility |
Sec 20-469.01. Third party administrator; glass; violation; classification; definition |
Article 7. Insurance on Collateral Security |
Sec 20-471. Definition of insurance service charge; limit; prohibited use |
Sec 20-472. Service charges in connection with insurance on collateral security prohibited when change of ownership |
Sec 20-473. Obligation of mortgagee to furnish mortgagor copies of insurance policy |
Sec 20-474. Service charges in connection with insurance on collateral security prohibited when mortgagee procures insurance |
Sec 20-475. Reasonable requirements of security holder are valid |
Sec 20-475.01. Insurance on mortgaged property; disclosure of expiration date prohibited; exception |
Sec 20-476. Violation; classification |
Article 8. Insurance Holding Company Systems |
Sec 20-481. Definitions |
Sec 20-481.01. Investment limitations; exemptions |
Sec 20-481.02. Tender offers; required statements; disclosures; approval or disapproval by director; definition |
Sec 20-481.03. Contents of statement |
Sec 20-481.04. Statement filed by partnership, corporation or other group |
Sec 20-481.05. Material change of fact; filing amended statement; time |
Sec 20-481.06. Use of other statements |
Sec 20-481.07. Approval and issues; notice; hearings |
Sec 20-481.08. Appointment of director as agent for service of process; forwarding of process; consent to jurisdiction |
Sec 20-481.09. Registration of insurers; deadline |
Sec 20-481.10. Form and content of registration statement; disclosure of information; enterprise risk filing |
Sec 20-481.11. Exemption for nonmaterial items |
Sec 20-481.12. Standards |
Sec 20-481.13. Material changes; amended statement; time; reporting of dividends |
Sec 20-481.14. Termination of registration |
Sec 20-481.15. Consolidated registration by affiliates |
Sec 20-481.16. Alternative registration for an affiliate |
Sec 20-481.17. Exemption by director |
Sec 20-481.18. Disclaimer of affiliation or control; contents; effect on duty to register |
Sec 20-481.19. Extraordinary dividend or distribution; time; notice; approval by director; definition |
Sec 20-481.20. Examination of registered insurers; powers; limits; expense |
Sec 20-481.21. Confidential records; consent to release; release without consent; information sharing |
Sec 20-481.22. Power to make rules |
Sec 20-481.23. Violations |
Sec 20-481.24. Adequacy of surplus |
Sec 20-481.25. Acquisitions involving insurers not otherwise covered; anticompetitive considerations; civil penalty; definitions |
Sec 20-481.26. Penalties; cease and desist order; violation; classification |
Sec 20-481.27. Recovery; liability |
Sec 20-481.28. Insurer's license; revocation; suspension; nonrenewal |
Sec 20-481.29. Injunctions; prohibitions against voting securities; sequestration of voting securities |
Sec 20-481.30. Judicial review; special action |
Sec 20-481.31. Supervisory colleges |
Sec 20-481.32. Management of domestic insurers subject to registration |
Article 9. Insurance Administrators |
Sec 20-485. Definitions; scope |
Sec 20-485.01. Written agreement; provisions; maintenance of records |
Sec 20-485.02. Administrator as intermediary between insurer and insured; right of action preserved |
Sec 20-485.03. Maintenance of records; access; confidentiality; information sharing; examination |
Sec 20-485.04. Advertising; approval |
Sec 20-485.05. Inclusion of underwriting standards |
Sec 20-485.06. Charges or premiums collected held in fiduciary capacity; establishment of account; disbursements |
Sec 20-485.07. Payment of claims on behalf of insurer |
Sec 20-485.08. Delivery of written communications |
Sec 20-485.09. Adjustment or settlement of claims; compensation |
Sec 20-485.10. Deposit or surety bond of administrators; amount; purpose |
Sec 20-485.11. Notice to insureds; statement of charge or premium for coverage; conflict of interest prohibited |
Sec 20-485.12. Certificate of registration; fees; expiration; revocation; civil penalties; violation; classification; injunctive relief; exemption |
Article 10. Reinsurance Intermediaries |
Sec 20-486. Definitions; director's list |
Sec 20-486.01. Licensure of reinsurance intermediaries |
Sec 20-486.02. Required contract provisions; reinsurance intermediary brokers |
Sec 20-486.03. Books and records; reinsurance intermediary brokers |
Sec 20-486.04. Duties of insurers utilizing the services of a reinsurance intermediary broker |
Sec 20-486.05. Required contract provisions; reinsurance intermediary managers |
Sec 20-486.06. Books and records; reinsurance intermediary managers |
Sec 20-486.07. Prohibited acts; reinsurance intermediary managers |
Sec 20-486.08. Duties of reinsurers utilizing the services of a reinsurance intermediary manager |
Sec 20-486.09. Examination authority |
Sec 20-486.10. Penalties and liabilities |
Sec 20-486.11. Adoption of rules |
Article 11. Producer Controlled Property and Casualty Insurance |
Sec 20-487. Definitions |
Sec 20-487.01. Applicability |
Sec 20-487.02. Minimum standards |
Sec 20-487.03. Disclosure |
Sec 20-487.04. Penalties |
Article 12. Risk-Based Capital for Insurers |
Sec 20-488. Definitions |
Sec 20-488.01. Risk-based capital reports |
Sec 20-488.02. Company action level event |
Sec 20-488.03. Regulatory action level event |
Sec 20-488.04. Authorized control level event |
Sec 20-488.05. Mandatory control level event |
Sec 20-488.06. Hearings |
Sec 20-488.07. Confidentiality; information sharing |
Sec 20-488.08. Supplemental provisions; rules; exemption |
Sec 20-488.09. Foreign insurers |
Sec 20-488.10. Notice |
Sec 20-488.11. Immunity |
Article 13. Violent Crime Control and Law Enforcement Act |
Sec 20-489. Violent crime control and law enforcement act; insurance business; rules |
Sec 20-489.01. Application of other laws |
Article 14. Enforcement of Insurance Policies Affecting Certain Holocaust Victims |
Sec 20-490. Definitions |
Sec 20-490.01. Suspension of limitations period |
Sec 20-490.02. Enforcement; civil penalty |