Title 29

 

INSURANCE AND INSURANCE COMPANIES

 

Chapters:

01                General Provisions

02               Insurance Commissioner

03               Insurers-General Requirements

04               Uniform Unauthorized Insurers Act

05-09          (Reserved)

10               General Insurance Brokers

11-14          (Reserved)

15               Contract of Insurance

 

Chapter 01

 

GENERAL PROVISIONS

 

Sections:

29.0101      Definitions.

29.0102      Scope of title.

29.0103      Notices to be in writing-Service.

29.0104      References to time.

29.0105      Prohibited acts.

29.0106      Exercise of power.

29.0107      Perjury.

29.0108      Violation-Penalty.

 

 Reviser’s Comment:

Section 1 of PL 13-58, 1974, provided, in part, that this part may be cited as the “Insurance Law”.

Section 1 of PL 13-58, 1974, provided, in part, that: “No action or proceedings commenced, and no right accrued, prior to the effective date hereof, is affected by this act this part; but, all procedure hereafter taken shall conform to this act this part so far as possible.”

Section 1 of PL 13-58, 1914, provided, in part, that: “This act this part insofar as it is substantially the same as existing statutory provisions relating to the same subject matter shall be construed as restatements and continuations thereof, and not as new enactments.”

 

29.0101           Definitions.

The following rules and definitions shall be used in interpreting the provisions of this title:

(1)  The present tense includes the past and future tenses, and the future, the present.

(2)  “Shall” is mandatory and “may” is per­missive unless otherwise apparent from the context.

(3)  “Action” means any action, suit, or legal proceeding.

(4)  “Adjuster” means any person who acts for or on behalf of an insurer or an insured in determining and making settlement of the amount payable to the insured for any loss or damage under a policy.

(5)  “Admitted” in relation to a person means entitled to transact insurance business in American Samoa under the laws of American Samoa; “nonadmitted” in relation to a person means not entitled to transact insurance business in American Samoa under the laws of American Samoa.

(6)  “Advisory organization” means every person, other than an admitted insurer, who prepares policy forms or makes underwriting rules, or who collects and furnishes loss or expense statistics or other statistical information and data and acts in an advisory, as distinguished from a rate-making, capacity. No duly autho­rized attorney acting in the usual course of his profession shall be deemed an advisory organi­zation.

(7)  “Agent” means a person appointed by an insurer to solicit applications for insurance or to negotiate insurance on its behalf, and, if authorized to do so by the insurer, to effect and countersign insurance policies. Agent means both general agent and subagent unless other­wise apparent from the context.

(8)  “Alien” means organized under the laws of any government other than American Samoa or the United States or any political subdivision thereof, whether admitted or not.