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- Alaska Statutes.
- Title 21. Insurance
- Chapter 36. Trade Practices and Frauds
- Section 150. Procedures as to Undefined Practices.
previous: Section 145
. Unfair Financial Planning Practices.
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. Health Discount Plans.
AS 21.36.150. Procedures as to Undefined Practices.
- (a) If the director believes that a person engaged in the insurance business is engaging in this state in an unfair method
of competition or in an unfair or deceptive act or practice in the conduct of the business that is not defined as being
unfair or deceptive under this chapter, the director shall hold a hearing on the matter, if the director believes it
would be in the public interest to do so after giving notice of the hearing and of the charges. Upon conclusion of the
hearing the director shall make a written report of the findings of fact relative to the charges and serve a copy upon
the person and any intervenor at the hearing.
- (b) If the report charges a violation of this chapter and if the method of competition, act, or practice has not been
discontinued, the director may, through the attorney general of this state, at any time after the service of the
report, cause an action to be instituted to enjoin and restrain the person from engaging in the method, act, or
practice. In the action the court may grant a restraining order or injunction upon just terms, but the state may not be
required to give security before the issuance of the order or injunction. If a record of the proceedings in the hearing
before the director was made, a certified transcript, including all evidence taken and the report and findings, shall
be received in evidence in the action.
- (c) If the director's report made under (a) of this section, or order on hearing made under AS 21.36.320
does not charge a violation of this chapter, an intervenor in the proceedings may appeal from the order or report
within the time and in the manner provided for appeals from the director generally.
- (d) In addition to the unfair methods and unfair or deceptive acts or practices expressly defined in this title, the
director may adopt regulations to define other methods of competition and other acts and practices related to the
business of insurance that are unfair or deceptive.
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