(a) An owner controlled insurance program or a contractor controlled insurance program is subject to both AS 21.39 and AS 21.42, must be approved by the director, and shall be allowed only for a major construction project. Owner controlled and contractor controlled insurance programs are limited to property insurance as defined in AS 21.12.060 and casualty insurance as defined in AS 21.12.070
.


(b) In this section, an owner controlled or contractor controlled insured program does not include


(1) builder's risk or course of construction insurance;


(2) insurance relating to the transportation of cargo or other property;


(3) insurance covering one or more affiliates, subsidiaries, partners, or joint venture partners of a person; or


(4) insurance policies endorsed to name one or more persons as additional insureds.


(c) In this section,


(1) "contractor" means a person who meets the definition of "contractor" in AS 08.18.171
and who undertakes the performance of a construction project for a project owner, its agent, or its representative;


(2) "contractor controlled insurance program" means an insurance program where one or more insurance policies are procured on behalf of a contractor, its agent, or its representative, by its insurance producer, as defined in AS 21.27.900
, for the purpose of insuring the contractor and one or more of the following:


(A) the project owner;


(B) a subcontractor;


(C) an architect;


(D) an engineer; or


(E) a person performing professional services;


(3) "major construction project" means the process of constructing a structure, building, facility, or roadway or major renovation of more than 50 percent of an existing structure, building, facility, or roadway having a contract cost of more than $50,000,000 of a definite term at a geographically defined project site;


(4) "owner controlled insurance program" means an insurance program where one or more insurance policies are procured on behalf of a project owner, its agent, or its representative, by its insurance producer, as defined in AS 21.27.900
, for the purpose of insuring the project owner and one or more of the following:


(A) the contractor;


(B) a subcontractor;


(C) an architect;


(D) an engineer; or


(E) a person performing professional services;


(5) "project owner" means a person who, in the course of the person's business, engages the service of a contractor for the purpose of working on a construction project;


(6) "subcontractor" means a person to whom a contractor sublets all or part of a contractor's initial undertaking.