(a) Before an unauthorized person or nonadmitted insurer files or causes to be filed a pleading, a court action, suit, or proceeding or a notice, order, pleading, or process in an administrative proceeding before the director instituted against the person or insurer, by service made as provided in Alaska Stat. § 21.33.021 or 21.33.025, the person or insurer shall either
Terms Used In Alaska Statutes 21.33.031
action: includes any matter or proceeding in a court, civil or criminal. See Alaska Statutes 01.10.060
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(1) deposit with the clerk of the court in which the action, suit, or proceeding is pending, or with the director in administrative proceedings before the director, cash or securities or bond with an admitted insurer to be approved by the court, or the director, in an amount to be fixed by the court or the director sufficient to secure the payment of a final judgment that may be rendered in the court proceeding or in the administrative proceeding before the director; however the court, or the director in administrative proceedings before the director, may in its or the director’s discretion make an order dispensing with the deposit or bond where the insurer makes a showing satisfactory to the court or the director that it maintains in a state of the United States funds or securities, in trust or otherwise, sufficient and available to satisfy a final judgment that may be entered in the court action, suit, or proceeding or in an administrative proceeding before the director; or(2) obtain admission to transact insurance in this state through a certificate of authority issued under this title.(b) The court in an action, suit, or proceeding in which service is made as provided in Alaska Stat. § 21.33.021 or Alaska Stat. § 21.33.025, or the director in an administrative proceeding before the director in which service is made as provided in Alaska Stat. § 21.33.025, may order postponement that may be necessary to afford the defendant reasonable opportunity to comply with (a) of this section and to offer a defense in the court action or administrative proceeding.(c) Nothing in (a) of this section may be construed to prevent an unauthorized person or nonadmitted insurer from filing a motion to quash a writ or to set aside service made as provided in Alaska Stat. § 21.33.021 or 21.33.025 on the ground that the unauthorized person or insurer has not transacted insurance in this state or relative to a subject resident, located, or to be performed in this state or that the person on whom service was made under Alaska Stat. § 21.33.021(d) was not transacting insurance in this state or relative to a subject resident, located, or to be performed in this state.
