(a) A foreign admitted insurer may apply for voluntary surrender of its certificate of authority and the director may accept the application, if the foreign admitted insurer
- (1) is in compliance with the applicable sections of this title, or the director waives in writing each condition of noncompliance;
- (2) provides written confirmation that obligations incurred before the voluntary surrender of the certificate of authority shall be paid to guarantee funds or insurance pools established by law; and
(3) is domiciled in a state that is
- (A) accredited by the National Association of Insurance Commissioners at the time of the request for voluntary surrender; or
(B) not accredited by the National Association of Insurance Commissioners at the time of the request and agrees in writing to be subject to
- (i) AS 21.09.200 and 21.09.205 for a period of two years, including payment of any fee related to filing information with the director; and
- (ii) any other provision of this title that may be required in writing by the director and for the period of time the director may specify.
(b) If a foreign admitted insurer who surrenders a certificate of authority ceases to exist, all business written and in force relative to a risk resident, located, or to be performed in this state shall be lawfully cancelled or reinsured. A reinsurance agreement covering all or a part of a risk described in this subsection shall be approved by the director before accepting the certificate of authority for surrender if the agreement meets the following criteria:
- (1) insurance coverage has not deteriorated from the policies existing at the time of the transfer;
- (2) the assuming insurer is of equal or better financial standing; and
- (3) the assuming insurer is admitted to do business in this state unless this requirement is waived by the director.