Arizona Revised Statutes

Ariz. Rev. Stat. § 20-206 (2026)

Authority to transact insurance

✓ current as of May 2026

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A. No person shall act as an insurer and no insurer shall transact insurance in this state except as authorized by a subsisting authority granted to it by the director, except as to such transactions as are expressly otherwise provided for in this title. No such authority shall be required for an insurer, formerly so authorized, to enable it to investigate and settle losses under its policies lawfully written in this state, or to liquidate such assets and liabilities of the insurer, other than collection of new premiums, as has resulted from its former authorized operations in this state.

B. An insurer not transacting new insurance business in this state but continuing collection of premiums on and servicing of policies remaining in force as to residents of or risks located in this state, is transacting insurance in this state for the purpose of premium tax requirements only and is not required to have a certificate of authority therefor. This subsection shall not apply to insurers which have withdrawn from this state prior to January 1, 1955.

C. As to an insurance coverage on a subject of insurance not resident, located, or expressly to be performed in this state at time of issuance, and solicited, written and delivered outside the state, no such authority shall be required of an insurer as to subsequent transactions in this state on account thereof.

Notes of Decisions

Cited in 4 cases, 1975–1990 · leading case: Wells Fargo Credit Corp. v. Arizona Prop. & Cas. Ins. Guar. Fund, 799 P.2d 908 (Ariz. Ct. App. 1990).

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Wells Fargo Credit Corp. v. Arizona Prop. & Cas. Ins. Guar. Fund, 799 P.2d 908 (Ariz. Ct. App. 1990). · cites it 2× “§ 20-209. After it authorizes an insurer to transact a particular kind of insurance, the Department’s statutory authorization primarily extends to approval of policy forms and rates.”

State v. Arizona Pension Plan., 739 P.2d 1373 (Ariz. 1987). · cites it 2× “See A.R.S. §§ 20-206, -401.01, -401.02. Common Market eventually stipulated to the injunction and to the appointment of a con *58 servator to oversee its affairs.”

Guaranteed Warranty Corp. v. State Ex Rel. Humphrey, 533 P.2d 87 (Ariz. Ct. App. 1975). “The pertinent portion of § 20-206 reads: “No person shall act as an insurer and no insurer shall transact insurance in this state except as authorized by a subsisting authority granted to it by the director .”

REM Constr., Inc. v. Houghton, 783 P.2d 261 (Ariz. Ct. App. 1989). · cites it 2× “” A.R.S. § 20-206(A) provides that “[n]o person shall act as an insurer and no insurer shall transact insurance in this state except as authorized by a subsisting authority granted to it by the director [of the Department of Insurance], except as to such transactions as are…”

— Ariz. Rev. Stat. § 20-206(A) — 1 case

REM Constr., Inc. v. Houghton, 783 P.2d 261 (Ariz. Ct. App. 1989). “” A.R.S. § 20-206(A) provides that “[n]o person shall act as an insurer and no insurer shall transact insurance in this state except as authorized by a subsisting authority granted to it by the director [of the Department of Insurance], except as to such transactions as are…”

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