(a) The letter of credit securing credit for reinsurance with an unauthorized assuming insurer must
- (1) contain an issue date and date of expiration and stipulate that the ceding insurer need only draw a sight draft under the letter of credit and present it without other documentation to obtain funds;
- (2) state that it is not subject to any condition or qualification outside of the letter of credit, except as provided in 3 AAC 21.600 - 3 AAC 21.695;
- (3) contain no reference to any other agreement, document, or entity, except as provided in 3 AAC 21.600 - 3 AAC 21.695;
- (4) state that the obligation of the qualified United States financial institution under the letter of credit is not contingent upon reimbursement;
- (5) be for a term of no less than one year;
- (6) contain an evergreen clause that provides for no less than 30 days notice of nonrenewal before the renewal date; and
- (7) state that the letter of credit is governed by the laws of this state and that all drafts drawn will be presentable at an office in the United States of a qualified United States financial institution.
- (b) The heading of a letter of credit may include a boxed section that contains the name of the applicant and other notations to provide a reference for the letter of credit. If used, the boxed section must be clearly marked that the information is for internal identification purposes only.
(Eff. 11/25/94, Register 132)
Authority: AS 21.06.090, AS 21.12.020