Section 3 AAC 29.290 - Limits on using accidents or losses in automobile rating(a) An insurer may not cancel, deny, nonrenew, underwrite, or rate an automobile insurance policy based upon (1) an accident or claim involving an applicant or insured unless(A) the accident involved injury to a person or more than $1,000 damage to property; and(B) the applicant or insured has been determined to be 50 percent or more at fault; the determination of fault must be based on a reasonable investigation of all of the available information and may not be based solely on the existence of the accident in a database or motor vehicle record report that identifies accidents without regard to fault; the insurer shall determine the applicant or insured not to be at fault for an accident that occurs under the following circumstances: (i) the automobile was lawfully parked; the insurer is not required to determine an automobile rolling from a parked position to be lawfully parked, but may determine the rolling to be the operation of the last operator;(ii) the applicant, insured, or owner of the motor vehicle is, reimbursed by or on behalf of a person responsible for the accident, a judgment against the responsible person exists, or the insurer is able to subrogate its payment to the insured, if the reimbursement, judgment, or subrogation is 50 percent or more of the damages associated with the accident;(iii) the applicant or insured was struck in the rear and has not been convicted of a moving traffic violation in connection with the accident; (iv) another party was convicted of a moving traffic violation in connection with the accident and the applicant or insured was not;(v) the owner and operator of the other vehicle is unknown or has left the scene and the applicant or insured reported the accident to the appropriate authorities within 24 hours;(vi) damage is the result of contact with animals;(vii) damage is caused only by flying gravel, missiles, or falling objects; or(viii) the accident occurs while the insured is using the motor vehicle in response to an emergency if the insured is a paid or voluntary member of a police or fire department, first-aid squad, or law enforcement agency at the time of the accident;(2) claims for first party medical expenses or death, dismemberment, or similar benefits attributable to an accident for which the applicant or insured was less than 50 percent at fault;(3) claims made under the uninsured and underinsured motorist coverage;(4) claims made under comprehensive coverage, unless the insurer can demonstrate that the applicant or insured intentionally caused the loss;(5) the existence of a resident or relative, including the use of that individual's driving record, claim record, or other risk characteristics, if that resident or relative is excluded from coverage in compliance with AS 28.20.440(/);(6) the prior insurance history, including the previous insurance company of an appHcant or insured, unless detailed actuarial support is included within the applicable rate filing; or(7) an applicant or insured's failure to maintain continuous automobile insurance coverage, when the failure does not result in violation of AS 28.22 (Alaska Mandatory Automobile Insurance Act).(b) In this section, "insured" includes customary or permissive operators.(c) The prohibitions described in (a)(1) - (4) of this section do not prohibit the insurer from considering those claims in determining an overall or average rate level. Eff. 12/20/2020, Register 236, January 2021Authority:AS 21.06.090
AS 21.36.090
AS 21.36.125
AS 21.36.210
AS 21.36.240
AS 21.36.305
AS 21.39..030