(a) In addition to the director’s authority to examine insurers under Alaska Stat. § 21.06.120 – 21.06.170, the director may examine an insurer registered under Alaska Stat. § 21.22.060 and its affiliates to ascertain the financial condition of the insurer, including the enterprise risk to the insurer by the ultimate controlling party, by any entity or combination of entities within the insurance holding company system, or by the insurance holding company system on a consolidated basis.
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(b) The director may
(1) order an insurer registered under Alaska Stat. § 21.22.060 to produce the records, books, or other information or papers in the possession of the insurer or its affiliates that are reasonably necessary to determine compliance with this chapter;(2) order an insurer registered under Alaska Stat. § 21.22.060 to produce information not in the possession of the insurer if the insurer can obtain access to the information under contractual relationships, statutory obligations, or other method; in the event the insurer cannot obtain the information requested by the director, the insurer shall provide the director a detailed explanation of the reason that the insurer cannot obtain the information and the identity of the holder of information; if the director determines that the detailed explanation is without merit, the director may, after notice and hearing, require the insurer to pay a penalty of $250 for each day’s delay in providing the requested information, or may suspend or revoke the insurer’s license;(3) in the event the insurer fails to comply with an order under this subsection, examine or issue subpoenas to the insurer’s affiliates to obtain the information.(c) The director may retain, at the registered insurer’s expense, attorneys, actuaries, accountants, and other experts not otherwise a part of the director’s staff as may be necessary to assist in the conduct of an examination under (a) of this section. Any persons so retained are under the direction and control of the director and shall act in a purely advisory capacity.(d) Each registered insurer producing for examination records, books, and papers under (a) of this section is liable for and shall pay the expense of an examination in accordance with Alaska Stat. § 21.06.160.
