reglab/housing_qa huggingface dataset:
AR Code § 23-67-305 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 67 - Rates and Rating Organizations|Subchapter 3 - Arkansas Workers' Compensation Insurance Plan|§ 23-67-305. Mandatory participation in the Arkansas Workers' Compensation Insurance Plan

 (a) All insurers licensed to transact workers' compensation and employers' liability insurance in this state, as defined in § 23-62-105(a)(3) and who have qualified to transact workers' compensation insurance pursuant to § 11-9-302(a) shall participate in the equitable apportionment among them of risks eligible for the Arkansas Workers' Compensation Insurance Plan.  (b) Participation in the plan expenses, profits, and losses shall be in the proportion that the net direct workers' compensation insurance premiums of each member written in this state during the preceding calendar year bears to the aggregate net direct workers' compensation insurance premiums of all members of the plan written in this state during the preceding calendar year.
AR Code § 23-67-306 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 67 - Rates and Rating Organizations|Subchapter 3 - Arkansas Workers' Compensation Insurance Plan|§ 23-67-306. Employers entitled to insurance

 (a) Any employer required to secure the payment of compensation under the provisions of § 11-9-404(a)(1) or any similar federal law shall be entitled to insurance under the provisions of this subchapter, provided:  (1) The employer pays his or her premium based upon the premium payment rules approved by the Insurance Commissioner;  (2) The employer has complied with all effective laws, orders, or rules, made by public authorities relating to the welfare, health, and safety of employees;  (3) The employer is not in default of premium payments owed for workers' compensation insurance. Provided, however, that no employer shall be deemed to be in default of a premium payment if all of the sum by which he or she is alleged to be in default is properly attributable to a good faith, bona fide dispute between the insurer and the employer over the accuracy or legality of an audit of payroll performed by or at the request of the insurer, and which dispute is in formal process of resolution as provided in § 23-67-219(3). All such disputes shall be resolved in the manner set forth in § 23-67-219(3)(B).    (b) In order to promote competition and improve servicing carrier performance, an employer applying for coverage or on renewal in the Arkansas Workers' Compensation Insurance Plan may strike six (6) servicing carriers, not to exceed a maximum of one-half (½) of the eligible servicing carriers, from the list of eligible servicing carriers to which the employer can be assigned.
AR Code § 23-67-307 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 67 - Rates and Rating Organizations|Subchapter 3 - Arkansas Workers' Compensation Insurance Plan|§ 23-67-307. Cancellation of policy

 If, after the issuance of a policy providing insurance pursuant to the provisions of this subchapter, the insurer which issued the policy finds that the employer to whom the policy was issued is not, or has ceased to be, entitled to the insurance, the insurer shall have the right to cancel the policy in accordance with § 11-9-408(b).
AR Code § 23-67-308 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 67 - Rates and Rating Organizations|Subchapter 3 - Arkansas Workers' Compensation Insurance Plan|§ 23-67-308. Failure of insurer to comply

 If any insurer refuses or neglects to comply with the provisions of this subchapter or with any order or ruling made by the Insurance Commissioner pursuant to this subchapter, the insurer shall be subject to the administrative penalties provided for in the Arkansas Insurance Code.
AR Code § 23-67-309 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 67 - Rates and Rating Organizations|Subchapter 3 - Arkansas Workers' Compensation Insurance Plan|§ 23-67-309. Appeal

 Any person aggrieved by an order or ruling made by the Insurance Commissioner under the provisions of this subchapter shall have the right to appeal the order or ruling pursuant to § 23-61-307.
AR Code § 23-67-310 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 67 - Rates and Rating Organizations|Subchapter 3 - Arkansas Workers' Compensation Insurance Plan|§ 23-67-310. Rules

 The Insurance Commissioner is authorized to promulgate such reasonable rules as are necessary to carry out the provisions of this subchapter.
AR Code § 23-67-311 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 67 - Rates and Rating Organizations|Subchapter 3 - Arkansas Workers' Compensation Insurance Plan|§ 23-67-311. Association policies

 Under such rules as shall be adopted by the Insurance Commissioner, and notwithstanding other provisions of this chapter, the commissioner is given the authority in the Arkansas Workers' Compensation Insurance Plan to allow the issuance of group or association workers' compensation insurance policies to logging contractors or dealers as sponsors. The policies may, in turn, insure for workers' compensation and employers' liability purposes no fewer than five (5) independent contractors who provide logging services to the sponsoring contractor or dealer. Provided, however, that such association or group coverage be made available on a nondiscriminatory basis to all other industries if the commissioner rules that the coverage is reasonably applicable to that industry and economically sound with respect to the plan.
AR Code § 23-67-312 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 67 - Rates and Rating Organizations|Subchapter 3 - Arkansas Workers' Compensation Insurance Plan|§ 23-67-312. Alternate preferred plan

 (a) The Insurance Commissioner shall establish within the Arkansas Workers' Compensation Insurance Plan an alternate preferred plan for employers, including logging or pulpwood dealers or contractors, who have carried workers' compensation insurance coverage continuously for at least four (4) policy years and who have had better than average loss experience and meet such additional reasonable standards as the commissioner shall by rule prescribe.  (b) Such an alternate preferred plan shall address the issues of deductibles and deposit premiums and make such provisions and allowances with respect thereto which are economically sound and in the best interest of the plan and the industries affected.
AR Code § 23-67-401 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 67 - Rates and Rating Organizations|Subchapter 4 - Use of Credit Information in Personal Insurance Act|§ 23-67-401. Title

 This subchapter shall be known and may be cited as the “Use of Credit Information in Personal Insurance Act”.
AR Code § 23-67-402 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 67 - Rates and Rating Organizations|Subchapter 4 - Use of Credit Information in Personal Insurance Act|§ 23-67-402. Purpose

 The purpose of this subchapter is to regulate the use of credit information for personal insurance so that consumers are afforded certain protections with respect to the use of the information.
AR Code § 23-67-403 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 67 - Rates and Rating Organizations|Subchapter 4 - Use of Credit Information in Personal Insurance Act|§ 23-67-403. Scope

 This subchapter applies to personal insurance and not to commercial insurance or any other type of insurance.
AR Code § 23-67-404 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 67 - Rates and Rating Organizations|Subchapter 4 - Use of Credit Information in Personal Insurance Act|§ 23-67-404. Definitions

 For the purposes of this subchapter:   (1) “Adverse action” means a denial or cancellation of, an increase in any charge for, or a reduction or other adverse or unfavorable change in the terms of coverage or amount of any insurance, existing or applied for, in connection with the underwriting of personal insurance;  (2) “Affiliate” means any company that controls, is controlled by, or is under common control with another company;  (3) “Applicant” means an individual who has applied to be covered by a personal insurance policy with an insurer;  (4) “Consumer” means an insured whose credit information is used or whose credit score is calculated in the underwriting or rating of a personal insurance policy or an applicant for the policy;  (5) “Consumer reporting agency” means any person who for monetary fees, dues, or on a cooperative nonprofit basis regularly engages, in whole or in part, in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties;  (6)  (A) “Credit information” means any credit-related information derived from a credit report or found on a credit report itself.  (B) Information that is not credit-related shall not be considered “credit information” regardless of whether it is contained in a credit report or in an application or is used to calculate a credit score;    (7)  (A) “Credit report” means any written, oral, or other communication of information by a consumer reporting agency bearing on a consumer's credit worthiness, credit standing, or credit capacity that is used or expected to be used or collected, in whole or in part, for the purpose of serving as a factor to determine personal insurance premiums, eligibility for coverage, or tier placement.  (B) Loss history reports and driving history reports are not considered to be credit reports;    (8) “Credit score” means a number or rating that is derived from an algorithm, computer application, model, or other process that is based solely on credit information for the purpose of predicting the future insurance loss exposure of an individual applicant or insured; and  (9) “Personal insurance” means private passenger automobile, homeowners, motorcycle, mobile home owners, noncommercial dwelling fire insurance, noncommercial farm owners, boat, personal watercraft, snowmobile, and recreational vehicle policies.
AR Code § 23-67-406 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 67 - Rates and Rating Organizations|Subchapter 4 - Use of Credit Information in Personal Insurance Act|§ 23-67-406. Dispute resolution and error correction

 (a) If it is determined through the dispute resolution process set forth in section 1681i(a)(5) of the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., that the credit information of a current insured was incorrect or incomplete and if the insurer receives written notice of the determination from either the consumer reporting agency or from the insured, the insurer shall reunderwrite and rerate the consumer within thirty (30) calendar days of receiving the notice.  (b) After reunderwriting or rerating the insured, the insurer shall make any necessary adjustments consistent with its underwriting and rating guidelines.  (c) If an insurer determines that the insured has overpaid a premium, the insurer shall refund to the insured the amount of overpayment.
AR Code § 23-67-407 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 67 - Rates and Rating Organizations|Subchapter 4 - Use of Credit Information in Personal Insurance Act|§ 23-67-407. Initial notification

 (a)  (1) If an insurer writing personal insurance uses credit information in underwriting or rating a consumer, the insurer or its agent shall disclose either on the insurance application or at the time the insurance application is taken that it may obtain credit information in connection with the application.  (2) The disclosure shall be either written or provided to an applicant in the same medium as the application for insurance.  (3) The insurer need not provide the disclosure statement required under this section to any insured on a renewal policy if the insured has previously been provided a disclosure statement.    (b) Use of the following example disclosure statement constitutes compliance with this section: “In connection with this application for insurance, we may review your credit report or obtain or use a credit-based score based on the information contained in that credit report. We may use a third party in connection with the development of your credit score.”
AR Code § 23-67-408 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 67 - Rates and Rating Organizations|Subchapter 4 - Use of Credit Information in Personal Insurance Act|§ 23-67-408. Adverse action notification

 If an insurer takes an adverse action based upon credit information, the insurer shall:   (1) Provide the consumer the name, address, and phone number of the person or division at the insurance company responsible for handling applicant or policyholder questions concerning credit-based underwriting decisions;  (2) Provide notification to the consumer that an adverse action has been taken, in accordance with the requirements of section 1681m(a) of the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., including:  (A) The name, address, and toll-free telephone number of the credit bureau that provided the insurer with the credit-based information;  (B) The fact that the consumer has the right to obtain a free copy of his or her credit report from the appropriate credit bureau; and  (C) The fact that the consumer has the right to challenge information contained in his or her credit report; and    (3)  (A) Provide notification to the consumer explaining the reasons for the adverse action.  (B) The use of generalized terms such as “poor credit history”, “poor credit rating”, or “poor credit score” does not meet the explanation requirements of this section.
AR Code § 23-67-409 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 67 - Rates and Rating Organizations|Subchapter 4 - Use of Credit Information in Personal Insurance Act|§ 23-67-409. Filing

 (a)  (1) Insurers that use credit scores to underwrite or rate risks shall file their scoring models or other scoring processes with the State Insurance Department.  (2) A third party may file scoring models on behalf of insurers.  (3) A filing that includes credit scoring shall include loss experience justifying the use of credit information.    (b) Any proprietary consumer report scoring system or model filed with the Insurance Commissioner under this subchapter shall remain confidential unless otherwise directed by a court order.
AR Code § 23-67-410 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 67 - Rates and Rating Organizations|Subchapter 4 - Use of Credit Information in Personal Insurance Act|§ 23-67-410. Indemnification

 (a) An insurer shall indemnify, defend, and hold agents harmless from and against all liability, fees, and costs arising out of or relating to the actions, errors, or omissions of a producer who obtains or uses credit information or credit scores, or both, for an insurer, provided the producer follows the instructions of or procedures established by the insurer and complies with any applicable law or rule.  (b) Nothing in this section shall be construed to provide a consumer or other insured with a cause of action that does not exist in the absence of this section.
AR Code § 23-67-411 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 67 - Rates and Rating Organizations|Subchapter 4 - Use of Credit Information in Personal Insurance Act|§ 23-67-411. Sale of policy term information by consumer reporting organization

 (a)  (1) No consumer reporting agency shall provide or sell data or lists that include any information that, in whole or in part, was submitted in conjunction with an insurance inquiry about a consumer's credit information or a request for a credit report or credit score.  (2) The information includes, but is not limited to:  (A) The expiration dates of an insurance policy or any other information that may identify time periods during which a consumer's insurance may expire; and  (B) The terms and conditions of the consumer's insurance coverage.      (b) The restrictions provided in subsection (a) of this section do not apply to data or lists the consumer reporting agency supplies to the insurance producer from whom information was received, the insurer on whose behalf the producer acted, or the insurer's affiliates or holding companies.  (c) Nothing in this section shall be construed to restrict any insurer from being able to obtain a claims history report or a motor vehicle report.
AR Code § 23-67-412 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 67 - Rates and Rating Organizations|Subchapter 4 - Use of Credit Information in Personal Insurance Act|§ 23-67-412. Fair Credit Reporting Act

 The provisions of this subchapter shall be subject to the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq.
AR Code § 23-67-413 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 67 - Rates and Rating Organizations|Subchapter 4 - Use of Credit Information in Personal Insurance Act|§ 23-67-413. Individual underwriting allowed

 Nothing in this subchapter is intended to prevent an insurer from considering each risk on an individual basis, looking at individual risk characteristics and other factors predictive of future loss.
AR Code § 23-67-414 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 67 - Rates and Rating Organizations|Subchapter 4 - Use of Credit Information in Personal Insurance Act|§ 23-67-414. Rules

 The Insurance Commissioner may make reasonable rules necessary for or as an aid to the effectuation of any provision of this subchapter.
AR Code § 23-67-501 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 67 - Rates and Rating Organizations|Subchapter 5 - Malpractice Insurance Rates|§ 23-67-501. Applicability

 (a) The provisions of this subchapter shall be applicable to malpractice insurance as defined in § 23-62-105(a)(10) except officers and directors liability and fiduciary insurance.  (b) Section 23-67-208 shall not apply to malpractice insurance.
AR Code § 23-67-502 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 67 - Rates and Rating Organizations|Subchapter 5 - Malpractice Insurance Rates|§ 23-67-502. Standards for rates

 Rates for malpractice insurance shall not be:   (1)  (A) Excessive.  (B) A rate is excessive if it is likely to produce a profit from an Arkansas business that is unreasonably high in relation to past and prospective loss experience or if expenses are unreasonably high in relation to the product or services rendered;    (2)  (A) Inadequate.  (B) A rate is inadequate if, together with investment income attributable to it, it fails to satisfy projected losses and expenses; or    (3)  (A) Unfairly discriminatory.  (B) A rate is unfairly discriminatory in relation to another in the same class of business if it does not reflect equitably the differences in expected losses and expenses.  (C) Rates are not unfairly discriminatory because different premiums result for policyholders with like loss exposures but different expense factors or with like expense factors but different loss exposures if the rates reflect the differences with reasonable accuracy.
AR Code § 23-67-503 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 67 - Rates and Rating Organizations|Subchapter 5 - Malpractice Insurance Rates|§ 23-67-503. Rating criteria

 (a) A malpractice insurer shall consider past and prospective loss experience solely within this state.  (b)  (1) If insufficient experience exists within this state upon which a rate can be based, the malpractice insurer may consider experience within any other state or states that have similar claim costs and frequency.  (2) If sufficient experience from any other state is not available, the malpractice insurer may use nationwide experience.    (c) In its rate filing and records, the malpractice insurer shall provide detailed information on the data supporting the experience it is using.  (d) When experience outside this state is considered, as much weight as possible shall be given to state experience.
AR Code § 23-67-504 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 67 - Rates and Rating Organizations|Subchapter 5 - Malpractice Insurance Rates|§ 23-67-504. Rate administration

 (a)  (1) The Insurance Commissioner shall promulgate rules requiring each malpractice insurer to record and report its loss and expense experience and any other data, including reserves, the commissioner considers necessary to determine whether rates comply with the standards set forth in § 23-67-502.  (2) The information shall be provided in the form prescribed by the commissioner.    (b) The commissioner may require that the malpractice insurer's annual report and any supplemental report that contains information about a malpractice insurer's loss and loss adjustment reserves be accompanied by an opinion signed and sworn to by a qualified and independent actuary verifying that within the nine (9) months prior to the submission of the report:  (1) The actuary has conducted a review and analysis of the malpractice insurer's loss and loss adjustment reserves; and  (2) The reserves are:  (A) Computed in accordance with accepted loss-reserving standards; and  (B) Fairly stated in accordance with sound loss-reserving principles.      (c) The commissioner shall:  (1) Maintain by malpractice insurer all reports submitted under this section for at least six (6) years; and  (2) Consider the reports in determining the appropriateness of rates for malpractice insurance.    (d) The commissioner may:  (1) Examine and review the assessment of risk for different specialties or practices;  (2) Hold a public hearing on any filing containing a risk assignment for malpractice insurance to determine whether the risk assignment is reasonable; and  (3) Issue orders concerning the risk assignment.