reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 88 - PROPERTY INSURANCE (§§ 23-88-101 — 23-88-507) › Subchapter 2 - ANTIARSON APPLICATIONS (§§ 23-88-201 — 23-88-210) › Section 23-88-203 - Issuance of policy or renewal of contract prior to July 4, 1983

(a)
"Insurance policy" and "contract" shall not be construed to mean a property insurance policy issued prior to July 4, 1983, or contract that is being renewed.
(b)
However, assignment of the insurance policy or contract because of the transfer of a major financial interest in the insured real property shall require completion of an antiarson application if otherwise required by this subchapter.
Acts 1983, No. 359, § 2; A.S.A. 1947, § 66-5607.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 88 - PROPERTY INSURANCE (§§ 23-88-101 — 23-88-507) › Subchapter 2 - ANTIARSON APPLICATIONS (§§ 23-88-201 — 23-88-210) › Section 23-88-204 - Penalty

Any insurer willfully violating the provisions of this subchapter shall be subject to a fine imposed by the Insurance Commissioner of not more than five hundred dollars ($500).
Acts 1983, No. 359, § 6; A.S.A. 1947, § 66-5611.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 88 - PROPERTY INSURANCE (§§ 23-88-101 — 23-88-507) › Subchapter 2 - ANTIARSON APPLICATIONS (§§ 23-88-201 — 23-88-210) › Section 23-88-205 - Promulgation of form by Insurance Commissioner

(a)
In promulgating the antiarson application form, the Insurance Commissioner shall consider generally recognized two-tier application forms. If the initial first-tier application elicits certain predesignated answers, then the administration of a second-tier supplementary application shall be mandatory.
(b)
The two-tier application shall secure the disclosure of information, including, but not limited to:
(1)
The name and address of the applicant and any mortgagees and any other parties who have an ownership interest in the property;
(2)
The amount of insurance requested and the method of valuation used to establish the amount of insurance;
(3)
The dates and selling prices of the property in all real estate transactions involving the property during the last three (3) years;
(4)
The applicant's loss history over the last five (5) years with regard to any property in which he or she held an equity interest or a mortgage and when any loss exceeded one thousand dollars ($1,000) in damages;
(5)
All taxes unpaid or overdue for one (1) or more years and any mortgage payments overdue by three (3) months or more;
(6)
All current violations of fire, safety, health, building, or construction codes on the property to be insured; and
(7)
The present occupancy of the structure.
Acts 1983, No. 359, § 2; A.S.A. 1947, § 66-5607.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 88 - PROPERTY INSURANCE (§§ 23-88-101 — 23-88-507) › Subchapter 2 - ANTIARSON APPLICATIONS (§§ 23-88-201 — 23-88-210) › Section 23-88-206 - Mandatory use

(a)
The use of the antiarson application shall be mandatory for commercial monoline fire policies, designated occupancies, and designated areas of the state, based upon a finding by the Insurance Commissioner, after a public hearing, that the commercial monoline fire policies, the designated occupancies, and the areas of the state have an abnormally high incidence of arson.
(b)
However, if the commissioner desires to extend the application of this subchapter to other than commercial monoline fire policies, he or she must first find, after public hearing, that the properties insured through those other types of policies are especially prone to arson.
(c)
Designation of any area of the state under this subchapter shall not be deemed a valid reason for refusal to write, for termination, or for nonrenewal of any policy or contract of insurance.
Acts 1983, No. 359, § 2; A.S.A. 1947, § 66-5607.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 88 - PROPERTY INSURANCE (§§ 23-88-101 — 23-88-507) › Subchapter 2 - ANTIARSON APPLICATIONS (§§ 23-88-201 — 23-88-210) › Section 23-88-207 - Requirement to enter into insurance contract

(a)
No insurer may enter into a contract to insure any building, except one (1) to four (4) family owner-occupied dwellings, against the peril of fire to be issued after July 4, 1983, unless the insurer first receives an antiarson application signed and affirmed by the insured, if required by the Insurance Commissioner in accordance with the provisions of this subchapter.
(b)
(1)
Any antiarson application required by this subchapter shall be deemed a material part of the insurance policy to which the application pertains.
(2)
A material misrepresentation shall be deemed grounds to rescind the insurance policy.
Acts 1983, No. 359, § 3; A.S.A. 1947, § 66-5608.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 88 - PROPERTY INSURANCE (§§ 23-88-101 — 23-88-507) › Subchapter 2 - ANTIARSON APPLICATIONS (§§ 23-88-201 — 23-88-210) › Section 23-88-208 - Notification of change in information

(a)
Policyholders shall notify their insurer of any change in the information contained in the antiarson application, within a period of time to be specified.
(b)
A material failure to notify or a material misrepresentation in the notification shall be deemed grounds to rescind the insurance policy.
Acts 1983, No. 359, § 3; A.S.A. 1947, § 66-5608.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 88 - PROPERTY INSURANCE (§§ 23-88-101 — 23-88-507) › Subchapter 2 - ANTIARSON APPLICATIONS (§§ 23-88-201 — 23-88-210) › Section 23-88-209 - Alternative applications

(a)
The Insurance Commissioner may not mandate the use of any applications other than the antiarson application as defined in §
23-88-202
. However, the commissioner may mandate alternative antiarson applications pursuant to a finding after a public hearing that:
(1)
There exist certain types of policies, certain classes of property, and certain geographic areas of the state which have abnormally high incidences of arson;
(2)
The antiarson application described in §§
23-88-202
,
23-88-203
,
23-88-205
, and
23-88-206
was implemented as respects such types of insurance policies, such classes of property, and areas of the state pursuant to the provisions of this subchapter; and
(3)
The use of the antiarson application pursuant to this subchapter failed to substantially decrease the arson problems for those types of insurance policies, classes of property, and geographic areas.
(b)
Alternative antiarson applications may be mandated only for the types of insurance policies, types of occupancies, and the areas of the state which would be permissible subjects for the antiarson application authorized by this subchapter.
Acts 1983, No. 359, § 4; A.S.A. 1947, § 66-5609.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 88 - PROPERTY INSURANCE (§§ 23-88-101 — 23-88-507) › Subchapter 2 - ANTIARSON APPLICATIONS (§§ 23-88-201 — 23-88-210) › Section 23-88-210 - Termination of policies or contracts

(a)
Despite any other provision of law which limits the time for termination of insurance policies to the contrary, an insurer may terminate any policy or contract of insurance when the antiarson application or any alternative antiarson application, as provided in §
23-88-209
, is required at any time within ninety (90) days from the insurer's acceptance of the applications.
(b)
The notice of cancellation to the insured shall contain the specific reasons for the termination of the policy, provided that the reasons are not otherwise prohibited by law.
Acts 1983, No. 359, § 5; A.S.A. 1947, § 66-5610.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 88 - PROPERTY INSURANCE (§§ 23-88-101 — 23-88-507) › Subchapter 3 - RURAL RISK UNDERWRITING (§§ 23-88-301 — 23-88-309) › Section 23-88-301 - Legislative intent

It is declared by the General Assembly of the State of Arkansas that adequate insurance upon property in the rural areas is necessary to the economic welfare of the state and that while the need for such insurance is increasing, the market for it is not adequate and may become less adequate in the future. It is the purpose of this subchapter to provide a mandatory plan to assure an adequate market for property insurance on insurable risks in the rural areas of Arkansas.
Acts 1985 (1st Ex. Sess.), No. 25, § 1; A.S.A. 1947, § 66-6101.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 88 - PROPERTY INSURANCE (§§ 23-88-101 — 23-88-507) › Subchapter 3 - RURAL RISK UNDERWRITING (§§ 23-88-301 — 23-88-309) › Section 23-88-302 - Definitions

As used in this subchapter:
(1)
"Association" means the Arkansas Rural Risk Underwriting Association established pursuant to the provisions of this subchapter;
(2)
"Commissioner" means the Insurance Commissioner;
(3)
"Insurer" means any person who:
(A)
Writes any kind of insurance to which this subchapter applies under §
23-88-303
, including the exchange of reciprocal or interinsurance contracts; and
(B)
Is licensed to transact insurance in this state;
(4)
(A)
"Net direct written premiums" means the gross amount of premiums received from policies of insurance issued in this state to which this subchapter applies, less return premiums and dividends paid or credited to policyholders.
(B)
"Net direct written premiums" does not include premiums for indemnity reinsurance accepted from other licensed insurers, and there shall be no deduction for premiums for indemnity reinsurance ceded to other insurers; and
(5)
"Person" means any individual, corporation, partnership, association, or voluntary organization.
Acts 1985 (1st Ex. Sess.), No. 25, § 2; A.S.A. 1947, § 66-6102.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 88 - PROPERTY INSURANCE (§§ 23-88-101 — 23-88-507) › Subchapter 3 - RURAL RISK UNDERWRITING (§§ 23-88-301 — 23-88-309) › Section 23-88-303 - Arkansas Rural Risk Underwriting Association - Plan of property insurance

(a)
(1)
All insurers licensed to transact property insurance, as defined in §
23-62-104
, shall become members of the Arkansas Rural Risk Underwriting Association.
(2)
For the purposes of this section, farmers' mutual aid associations or companies are insurers and are subject to the assessments and other requirements imposed on insurers under this section.
(b)
This association or company shall provide a plan of property insurance to insurable rural risk applicants. Rural risk applicants are those applicants seeking insurance on risks located in geographic areas to be determined "rural areas" by the governing board, subject to the approval of the Insurance Commissioner.
Acts 1985 (1st Ex. Sess.), No. 25, § 3; A.S.A. 1947, § 66-6103; Acts 2005, No. 2004, § 5.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 88 - PROPERTY INSURANCE (§§ 23-88-101 — 23-88-507) › Subchapter 3 - RURAL RISK UNDERWRITING (§§ 23-88-301 — 23-88-309) › Section 23-88-304 - Governing board

For the plan or plans there shall be a governing board of seven (7) members to be appointed by the Insurance Commissioner, which shall meet at least annually to review and prescribe operating rules and which shall consist of the following members:
(1)
Four (4) members shall be representatives of foreign insurance companies, with those members to be appointed for terms of three (3) years; and
(2)
Three (3) members shall be representatives of domestic insurance companies, with those members to be appointed for terms of three (3) years.
Acts 1985 (1st Ex. Sess.), No. 25, § 3; A.S.A. 1947, § 66-6103.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 88 - PROPERTY INSURANCE (§§ 23-88-101 — 23-88-507) › Subchapter 3 - RURAL RISK UNDERWRITING (§§ 23-88-301 — 23-88-309) › Section 23-88-305 - Promulgation and approval of plan - Hearing

(a)
Within sixty (60) days following June 26, 1985, the governing board shall submit the plan to the Insurance Commissioner for his or her approval.
(b)
When the plan has been approved by the commissioner, all insurance companies authorized to transact the kinds of insurance set forth in §
23-88-303
shall subscribe to and participate in the plan.
(c)
If no plan meeting the purpose set forth in §
23-88-301
is submitted to the commissioner within the period of time specified, the commissioner shall prepare and promulgate a plan meeting those requirements. The commissioner may designate one (1) or more insurers or other agencies to assist him or her in the preparation, operation, and promulgation of a plan.
(d)
Notwithstanding the provisions contained in this section, no application shall be submitted to or accepted by the plan until the commissioner has determined, after a hearing, that a need for the implementation of the plan exists.
Acts 1985 (1st Ex. Sess.), No. 25, § 4; A.S.A. 1947, § 66-6104.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 88 - PROPERTY INSURANCE (§§ 23-88-101 — 23-88-507) › Subchapter 3 - RURAL RISK UNDERWRITING (§§ 23-88-301 — 23-88-309) › Section 23-88-306 - Provisions of plan

(a)
(1)
The plan shall provide for the efficient, economical, and fair administration of the Arkansas Rural Risk Underwriting Association and shall be consistent with the purposes of this subchapter. Therefore, the plan shall include provisions for the equitable apportionment among the association's members of the expenses, profits, and losses arising from the association's rural risk writings.
(2)
A member's participation in the association's expenses, profits, and losses shall be in the proportion that the net direct property insurance premiums of each member written in this state during the preceding calendar year bear to the aggregate net direct property insurance premiums of all members of the association written in this state during the preceding calendar year.
(3)
(A)
The governing board shall be empowered to make assessments as may be necessary to provide funds needed to make payment of all loss claims and expenses of the association.
(B)
Assessments during a calendar year may be made up to, but not in excess of, two percent (2%) of each insurer's net direct written premium for the preceding calendar year.
(C)
If the maximum assessment in any calendar year results in a deficiency in premiums to losses, assessments may be made in the next and any successive calendar year.
(4)
Further, the plan shall provide for an annual credit to members for basic property insurance voluntarily written on rural risks. This dollar credit shall relieve a member wholly or partially from participation in the association's expenses and losses.
(b)
The plan shall also establish reasonable underwriting standards, subject to the approval of the Insurance Commissioner. Any applicant that meets these standards will be an insurable risk and entitled to property insurance through the association.
(c)
The plan shall include deductibles, rules for classification of risks, rate modifications consistent with the objective of providing and maintaining funds sufficient to pay rural risk losses and expenses, and the limits of coverage available.
(d)
The commissioner shall assess all members an amount not to exceed two hundred dollars ($200) annually, if needed, for the expense of mailing fire department renewal subscription notices.
Acts 1985 (1st Ex. Sess.), No. 25, § 5; A.S.A. 1947, § 66-6105; Acts 2003, No. 1326, § 1; 2007, No. 588, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 88 - PROPERTY INSURANCE (§§ 23-88-101 — 23-88-507) › Subchapter 3 - RURAL RISK UNDERWRITING (§§ 23-88-301 — 23-88-309) › Section 23-88-307 - Liability of insurer

It being the intention of this subchapter to provide an adequate market for the property insurance coverages defined in this subchapter, no insurer participating in this plan shall be liable for any damages which may result from any extra-contractual liability or for any act or omission of any kind, the insurer's liability being limited solely to the property insurance coverages provided for in this subchapter.
Acts 1985 (1st Ex. Sess.), No. 25, § 7; A.S.A. 1947, § 66-6107.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 88 - PROPERTY INSURANCE (§§ 23-88-101 — 23-88-507) › Subchapter 3 - RURAL RISK UNDERWRITING (§§ 23-88-301 — 23-88-309) › Section 23-88-308 - Commissioner's powers and duties

(a)
In addition to approving the plan of operation, the Insurance Commissioner shall have the authority to promulgate rules necessary to effect the purpose of this subchapter.
(b)
Further, after review of annual statements, other reports, and any other statistics which the commissioner deems necessary, the commissioner shall certify to the plan the aggregate net direct property insurance premiums written on property in this state by all members. This information will be used to determine a member's participation.
Amended by Act 2019, No. 315,§ 2760, eff. 7/24/2019.
Acts 1985 (1st Ex. Sess.), No. 25, § 8; A.S.A. 1947, § 66-6108.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 88 - PROPERTY INSURANCE (§§ 23-88-101 — 23-88-507) › Subchapter 3 - RURAL RISK UNDERWRITING (§§ 23-88-301 — 23-88-309) › Section 23-88-309 - Appeals

Any applicant for a policy, any persons insured under the plan, and any agency or insurer affected by the plan may appeal to the Insurance Commissioner any ruling or decision of the governing board or the authorized representative designated to operate a plan.
Acts 1985 (1st Ex. Sess.), No. 25, § 6; A.S.A. 1947, § 66-6106.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 88 - PROPERTY INSURANCE (§§ 23-88-101 — 23-88-507) › Subchapter 4 - FIRE LOSS REPORTING ACT OF 2003 (§§ 23-88-401 — 23-88-405) › Section 23-88-401 - Title

This subchapter may be referred to as the "Fire Loss Reporting Act of 2003".
Acts 2003, No. 1345, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 88 - PROPERTY INSURANCE (§§ 23-88-101 — 23-88-507) › Subchapter 4 - FIRE LOSS REPORTING ACT OF 2003 (§§ 23-88-401 — 23-88-405) › Section 23-88-402 - [Repealed]

Repealed by Act 2015, No. 1210,§ 6, eff. 7/22/2015.
Acts 2003, No. 1345, § 2.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 88 - PROPERTY INSURANCE (§§ 23-88-101 — 23-88-507) › Subchapter 4 - FIRE LOSS REPORTING ACT OF 2003 (§§ 23-88-401 — 23-88-405) › Section 23-88-403 - [Repealed]

Repealed by Act 2015, No. 1210,§ 7, eff. 7/22/2015.
Acts 2003, No. 1345, § 3.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 88 - PROPERTY INSURANCE (§§ 23-88-101 — 23-88-507) › Subchapter 4 - FIRE LOSS REPORTING ACT OF 2003 (§§ 23-88-401 — 23-88-405) › Section 23-88-405 - Rules

The Insurance Commissioner may adopt reasonable rules to enforce the provisions of this subchapter.
Amended by Act 2019, No. 315,§ 2761, eff. 7/24/2019.
Acts 2003, No. 1345, § 5.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 88 - PROPERTY INSURANCE (§§ 23-88-101 — 23-88-507) › Subchapter 5 - PORTABLE ELECTRONICS INSURANCE (§§ 23-88-501 — 23-88-507) › Section 23-88-501 - Definitions

As used in this subchapter:
(1)
"Customer" means a person who purchases portable electronics or services;
(2)
"Enrolled customer" means a customer who elects to have coverage under a portable electronics insurance policy issued by a vendor;
(3)
"Location" means, as directed to residents of the State of Arkansas:
(A)
A physical location in this state;
(B)
A website; or
(C)
A call center site or similar location;
(4)
"Portable electronics" means electronic devices that are portable in nature, including the accessories and services related to the use of the electronic device;
(5)
(A)
"Portable electronics insurance" means insurance for the repair or replacement of portable electronics that includes the following causes of loss:
(i)
Loss;
(ii)
Theft; and
(iii)
Inoperability due to mechanical failure, malfunction, damage, or other similar causes of loss.
(B)
"Portable electronics insurance" does not include a service contract governed by the Service Contracts Act, §
4-114-101
et seq.;
(6)
"Portable electronics transaction" means:
(A)
The sale or lease to a customer of portable electronics by a vendor; or
(B)
The sale of a service related to the use of portable electronics to a customer by a vendor;
(7)
"Supervising entity" means a business entity that is an insurer or insurance producer licensed under the insurance laws of this state; and
(8)
"Vendor" means a person that engages in the business of portable electronics transactions.
Acts 2011, No. 1018, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 88 - PROPERTY INSURANCE (§§ 23-88-101 — 23-88-507) › Subchapter 5 - PORTABLE ELECTRONICS INSURANCE (§§ 23-88-501 — 23-88-507) › Section 23-88-502 - Licensure of vendors

(a)
A vendor is required to hold a limited lines license to sell or offer coverage under a portable electronics insurance policy.
(b)
A limited lines license issued under this subchapter shall authorize an employee or authorized representative of the licensee to sell or offer coverage under a policy of portable electronics insurance to a customer at locations the vendor engages in the business of portable electronics transactions.
(c)
A supervising entity shall:
(1)
Maintain a registry of vendor locations that are authorized to offer coverage for portable electronics in this state; and
(2)
Produce the registry for inspection and examination during its regular business hours upon receipt of a ten-day notice from the Insurance Commissioner.
(d)
A license issued under this subchapter authorizes the licensee and its employees or authorized representatives to engage in the activities authorized by this subchapter.
Amended by Act 2013, No. 340,§ 1, eff. 8/16/2013.
Acts 2011, No. 1018, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 88 - PROPERTY INSURANCE (§§ 23-88-101 — 23-88-507) › Subchapter 5 - PORTABLE ELECTRONICS INSURANCE (§§ 23-88-501 — 23-88-507) › Section 23-88-503 - Requirements for sale of portable electronics insurance

(a)
At a location where portable electronics insurance coverage is offered to customers, a prospective customer shall receive written disclosure that states:
(1)
Portable electronics insurance may provide duplication of coverage provided by a customer's homeowner's insurance policy, renter's insurance policy, or other source of coverage;
(2)
The enrollment by the customer for portable electronics insurance coverage is not required in order to purchase or lease portable electronics devices or services;
(3)
The material terms of the insurance coverage, to include:
(A)
The identity of the insurer;
(B)
The identity of the supervising entity;
(C)
The amount of an applicable deductible;
(D)
An explanation of the individual that is responsible for the applicable deductible;
(E)
Benefits of the coverage; and
(F)
Key terms and conditions of coverage, including without limitation whether or not portable electronics may be repaired or replaced with similar make and model reconditioned or nonoriginal manufacturer parts or equipment;
(4)
The process for filing a claim, including:
(A)
A description of how to return portable electronics; and
(B)
The maximum fee if the customer fails to comply with requirements for returning the portable electronics; and
(5)
(A)
An enrolled customer may cancel a portable electronics insurance policy at any time.
(B)
The person paying the premium shall receive a refund of the unearned premium.
(b)
A vendor that has been issued a group or master commercial inland marine policy may offer portable electronics insurance on a month-to-month basis or other periodic basis for its enrolled customers.
(c)
Eligibility and underwriting standards for customers to enroll in coverage are to be established by the supervising entity for a portable electronics insurance policy before offering the portable electronics insurance to a customer.
Acts 2011, No. 1018, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 88 - PROPERTY INSURANCE (§§ 23-88-101 — 23-88-507) › Subchapter 5 - PORTABLE ELECTRONICS INSURANCE (§§ 23-88-501 — 23-88-507) › Section 23-88-505 - Suspension or revocation of license

If a vendor, its employee, or its authorized representative violates a provision of this subchapter, the Insurance Commissioner may after notice and a hearing impose on the vendor:
(1)
Fines not to exceed five hundred dollars ($500) per violation or five thousand dollars ($5,000) in the aggregate; and
(2)
Other penalties that the commissioner deems necessary and reasonable to carry out the purpose of this subchapter, including without limitation:
(A)
Suspending the privilege of transacting portable electronics insurance at specific business locations where violations have occurred; and
(B)
Suspending or revoking the ability of individual employees or authorized representatives of the vendor to act under a license issued under this subchapter.
Acts 2011, No. 1018, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 88 - PROPERTY INSURANCE (§§ 23-88-101 — 23-88-507) › Subchapter 5 - PORTABLE ELECTRONICS INSURANCE (§§ 23-88-501 — 23-88-507) › Section 23-88-507 - Application for license and fees

(a)
(1)
An application for licensure under this subchapter shall be made to and filed with the Insurance Commissioner on forms prescribed and furnished by the State Insurance Department.
(2)
The application for licensure under this subchapter shall:
(A)
(i)
Provide the name, residence address, and other information required by the commissioner for an employee or authorized representative of the vendor designated by the applicant as the person responsible for the vendor's compliance with the requirements of this subchapter.
(ii)
If the vendor derives more than fifty percent (50%) of its revenue from the sale of portable electronics insurance, the information required in subdivision (a)(2)(A)(i) of this section shall be provided for all officers, directors, and shareholders of record that have beneficial ownership of ten percent (10%) or more of any class of securities registered under the federal securities law;
(B)
(i)
Appoint the commissioner as authorized to receive service on behalf of the applicant for any legal process issued against it in a civil action or proceeding in this state brought in connection with portable electronics insurance coverage and agree that process of the commissioner shall be valid and binding against the applicant.
(ii)
The appointment under subdivision (a)(2)(B)(i) of this section shall:
(a)
Be irrevocable;
(b)
Bind the applicant and any successor in interest as to the assets or liabilities of the applicant; and
(c)
Remain in effect as long as the applicant's licensure remains in force in this state; and
(C)
Provide the location of the applicant's principal place of business or home office.
(b)
Applications for licensure under this subchapter shall be submitted within ninety (90) days of the application forms' being made available by the commissioner.
(c)
An initial license issued under this subchapter shall be valid for a period of twenty-four (24) months.
(d)
(1)
A vendor of portable electronics applying for a limited lines license under this subchapter shall pay to the commissioner:
(A)
A nonrefundable application and license fee of one thousand dollars ($1,000); and
(B)
A renewal license fee of five hundred dollars ($500).
(2)
However, a vendor that is engaged in portable electronics transactions at ten (10) or fewer locations in the state applying for a limited lines license under this subchapter shall pay to the commissioner:
(A)
A nonrefundable application and license fee not to exceed one hundred dollars ($100); and
(B)
A renewal license fee not to exceed one hundred dollars ($100).
Acts 2011, No. 1018, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 89 - CASUALTY INSURANCE (§§ 23-89-101 — 23-89-518) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-89-101 — 23-89-102) › Section 23-89-101 - Subrogation of injured person to right of insured

(a)
Any policy of insurance issued or delivered in this state indemnifying any person against any actual money loss sustained by the person for damages inflicted upon the property or person of another shall contain a provision that the injured person, or his or her personal representative, shall be subrogated to the right of the insured named in the policy.
(b)
The policy shall also contain a provision that the injured person, or his or her personal representative, whether the provision is actually inserted in the policy or not, may maintain a direct cause of action against the insurer issuing the policy for the amount of the judgment rendered against the insured, not exceeding the amount of the policy, provided the judgment remains unsatisfied at the expiration of thirty (30) days from the serving of notice of entry of judgment upon the attorney for the insured or upon the insured or upon the insurer.
Acts 1959, No. 148, § 447; A.S.A. 1947, § 66-4001.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 89 - CASUALTY INSURANCE (§§ 23-89-101 — 23-89-518) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-89-101 — 23-89-102) › Section 23-89-102 - Insolvency of insured does not release liability insurer

(a)
No policy of insurance against loss or damage resulting from accident to or injury suffered by an employee or other person and for which the person insured is liable or against loss or damage to property caused by horses or by any vehicles drawn, propelled, or operated by any motive power and for which loss or damage the person insured is liable shall be issued or delivered to any person in this state unless the policy contains a provision that the insolvency or bankruptcy of the person insured shall not release the insurer from the payment of damages for injury sustained or loss occasioned during the life of the policy.
(b)
The policy must also state that in case execution against the insured is returned unsatisfied because of the insolvency or bankruptcy, in an action brought by the injured or his or her personal representative in case death results from the accident, then an action may be maintained by the injured person or his or her personal representative against the insurer under the terms of the policy for the amount of the judgment in the action not exceeding the amount of the policy.
Acts 1959, No. 148, § 448; A.S.A. 1947, § 66-4002.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 89 - CASUALTY INSURANCE (§§ 23-89-101 — 23-89-518) › Subchapter 2 - AUTOMOBILE LIABILITY INSURANCE GENERALLY (§§ 23-89-201 — 23-89-217) › Section 23-89-201 - Broader-than-minimum benefits not prohibited

Nothing contained in this subchapter shall be construed to prevent an insurer from providing broader benefits than the minimum benefits enumerated in §
23-89-202
.
Acts 1973, No. 138, § 7; A.S.A. 1947, § 66-4020.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 89 - CASUALTY INSURANCE (§§ 23-89-101 — 23-89-518) › Subchapter 2 - AUTOMOBILE LIABILITY INSURANCE GENERALLY (§§ 23-89-201 — 23-89-217) › Section 23-89-202 - Required first party coverage

Every automobile liability insurance policy covering any private passenger motor vehicle issued or delivered in this state shall provide minimum medical and hospital benefits, income disability, and accidental death benefits under policy provisions and on forms approved by the Insurance Commissioner to the named insured and members of his or her family residing in the same household injured in a motor vehicle accident, to passengers injured while occupying the insured motor vehicle, and to persons other than those occupying another vehicle struck by the insured motor vehicle, without regard to fault, as follows:
(1)
Medical and Hospital Benefits.
All reasonable and necessary expenses for medical, hospital, nursing, dental, surgical, ambulance, funeral expenses, and prosthetic services incurred within twenty-four (24) months after the automobile accident, up to an aggregate of five thousand dollars ($5,000) per person, and may include any nonmedical remedial care and treatment rendered in accordance with a recognized religious method of healing. Expenses for hospital room charges may be limited to semiprivate accommodations;
(2)
Income Disability Benefits.
Seventy percent (70%) of the loss of income from work during a period commencing eight (8) days after the date of the accident, and not to exceed fifty-two (52) weeks, but subject to a maximum of one hundred forty dollars ($140) per week. In the case of a nonincome earner, the benefits shall consist of expenses not to exceed seventy dollars ($70.00) per week, or any fractional part of a week, which are reasonably incurred for essential services in lieu of those the injured person would have performed without income during a period commencing eight (8) days after the date of the accident and not to exceed fifty-two (52) weeks; and
(3)
Accidental Death Benefits.
The sum of five thousand dollars ($5,000), to be paid to the personal representative of the insured, should injury, sickness, or disease resulting from an automobile accident cause death within one (1) year from the date of the accident.
Acts 1973, No. 138, § 1; 1981, No. 802, § 1; A.S.A. 1947, § 66-4014; Acts 1987, No. 336, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 89 - CASUALTY INSURANCE (§§ 23-89-101 — 23-89-518) › Subchapter 2 - AUTOMOBILE LIABILITY INSURANCE GENERALLY (§§ 23-89-201 — 23-89-217) › Section 23-89-203 - Rejection of coverage

(a)
The named insured shall have the right to reject in writing all or any one (1) or more of the coverages enumerated in §
23-89-202
.
(b)
After a named insured or applicant for insurance rejects this coverage, the insurer or any of its affiliates shall not be required to notify any insured in any renewal, reinstatement, substitute, amended, or replacement policy as to the availability of such coverage.
Acts 1973, No. 138, § 2; A.S.A. 1947, § 66-4015; Acts 1995, No. 527, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 89 - CASUALTY INSURANCE (§§ 23-89-101 — 23-89-518) › Subchapter 2 - AUTOMOBILE LIABILITY INSURANCE GENERALLY (§§ 23-89-201 — 23-89-217) › Section 23-89-204 - Coverage for passengers and persons struck by insured vehicle

(a)
The coverages provided in §
23-89-202
shall apply only to occupants of the insured vehicle and to persons struck by the insured vehicle, including pedestrians, bicyclists, motorcyclists, persons in a horse-drawn wagon or cart, and persons riding on an animal, and to none other.
(b)
However, the coverages shall not be applicable or payable if the prescribed minimum coverages are afforded to those occupants and to persons struck by the insured vehicle, either as a named insured or additional insured under another valid and collectible automobile insurance policy.
Acts 1973, No. 138, § 3; A.S.A. 1947, § 66-4016.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 89 - CASUALTY INSURANCE (§§ 23-89-101 — 23-89-518) › Subchapter 2 - AUTOMOBILE LIABILITY INSURANCE GENERALLY (§§ 23-89-201 — 23-89-217) › Section 23-89-205 - Exclusion of benefits

An insurer may exclude benefits to any insured, or to his or her personal representative, under a policy required by §
23-89-202
, when the insured's conduct contributed to the injury he or she sustained in any of the following ways:
(1)
Causing injury to himself or herself intentionally; or
(2)
Causing injury while in the commission of a felony or while seeking to elude lawful apprehension or arrest by a law enforcement official.
Acts 1973, No. 138, § 4; A.S.A. 1947, § 66-4017.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 89 - CASUALTY INSURANCE (§§ 23-89-101 — 23-89-518) › Subchapter 2 - AUTOMOBILE LIABILITY INSURANCE GENERALLY (§§ 23-89-201 — 23-89-217) › Section 23-89-206 - Retention of tort liability

Tort liability arising from the ownership, maintenance, or use of a motor vehicle within this state is retained.
Acts 1973, No. 138, § 5; A.S.A. 1947, § 66-4018.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 89 - CASUALTY INSURANCE (§§ 23-89-101 — 23-89-518) › Subchapter 2 - AUTOMOBILE LIABILITY INSURANCE GENERALLY (§§ 23-89-201 — 23-89-217) › Section 23-89-207 - Insurer's right of reimbursement

(a)
Whenever a recipient of benefits under §
23-89-202(1) and (2)
recovers in tort for injury, either by settlement or judgment, the insurer paying the benefits has a right of reimbursement and credit out of the tort recovery or settlement, less the cost of collection, as defined.
(b)
All cost of collection thereof shall be assessed against the insurer and insured in the proportion each benefits from the recovery.
(c)
The insurer shall have a lien upon the recovery to the extent of its benefit payments.
(d)
The insurer for the party who is liable in damages to the injured party shall not condition settlement or payment of a judgment in favor of the injured party upon issuing a single check jointly to the injured party and the injured party's insurance company.
Acts 1973, No. 138, § 6; A.S.A. 1947, § 66-4019; Acts 2005, No. 269, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 89 - CASUALTY INSURANCE (§§ 23-89-101 — 23-89-518) › Subchapter 2 - AUTOMOBILE LIABILITY INSURANCE GENERALLY (§§ 23-89-201 — 23-89-217) › Section 23-89-208 - Payments

(a)
Payment under the coverages enumerated in §
23-89-202(1) and (2)
shall be made on a monthly basis as benefits accrue.
(b)
Benefits for any period are overdue if not paid within thirty (30) days after the insurer received reasonable proof of the amount of all benefits accruing during that period.
(c)
If reasonable proof is not supplied as to all benefits accrued, the portion supported by reasonable proof is overdue if not paid within thirty (30) days after the proof is received by the insurer.
(d)
Any part or all of the remainder of the benefits that is later supported by reasonable proof is overdue if not paid within thirty (30) days after the proof is received by the insurer.
(e)
In the event the insurer fails to pay the benefits when due, the person entitled to the benefits may bring an action in contract to recover them.
(f)
In the event the insurer is required by the action to pay the overdue benefits, the insurer shall, in addition to the benefits received, be required to pay the reasonable attorney's fees incurred by the other party, plus twelve percent (12%) penalty, plus interest thereon from the date these sums became overdue.
Acts 1973, No. 138, § 8; A.S.A. 1947, § 66-4021.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 89 - CASUALTY INSURANCE (§§ 23-89-101 — 23-89-518) › Subchapter 2 - AUTOMOBILE LIABILITY INSURANCE GENERALLY (§§ 23-89-201 — 23-89-217) › Section 23-89-210 - Premium reduction for college graduates

(a)
Any schedule of rates or rating plan for automobile liability and physical damage insurance submitted to or filed with the Insurance Commissioner shall provide for an appropriate reduction in premium charges for those insured under twenty-five (25) years of age who have graduated from a college or university, and whose cumulative scholastic records show that the insured attained one (1) of the following:
(1)
If letter grades are used, a grade average of "B" or higher; or
(2)
At least a 3-point average on a 4-point scale (or equivalent).
(b)
All insurance companies writing automobile liability and physical damage insurance in Arkansas shall allow an appropriate reduction in premium charges to all eligible persons subject to this section.
(c)
This reduction in premium charges shall not apply to those insureds who qualify for a premium reduction due to marriage.
Acts 1997, No. 1184, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 89 - CASUALTY INSURANCE (§§ 23-89-101 — 23-89-518) › Subchapter 2 - AUTOMOBILE LIABILITY INSURANCE GENERALLY (§§ 23-89-201 — 23-89-217) › Section 23-89-211 - Total loss settlements

(a)
If an insurer settles a claim for damages to an automobile as a total loss to its own insured or a person having a claim against its insured, the insurer shall include with the payment for the loss:
(1)
All applicable taxes, including sales taxes and fees as required under Rule and Regulation 43 of the State Insurance Department; and
(2)
An itemized list stating the amount of the claim attributable to the value of the automobile and attributable to the sales tax on an automobile of that value.
(b)
When settling a claim against an insured for damages to an automobile as a total loss, the insurer will take into consideration all applicable taxes, license fees, and other fees.
(c)
An insurer may not abandon salvage to a towing or storage facility in lieu of payment of towing and storage fees without the consent of the facility and the insured.
(d)
The failure of an insurer to comply with the requirements of subsections (a)-(c) of this section shall be considered an unfair claims settlement practice under §
23-66-206(13)
.
Acts 1999, No. 1291, § 1; 2001, No. 1553, § 52; 2003, No. 458, § 1; 2005, No. 2211, § 8.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 89 - CASUALTY INSURANCE (§§ 23-89-101 — 23-89-518) › Subchapter 2 - AUTOMOBILE LIABILITY INSURANCE GENERALLY (§§ 23-89-201 — 23-89-217) › Section 23-89-212 - Motor vehicle liability insurance - Extraterritorial provision

(a)
(1)
Motor vehicle liability insurance applies to the amounts which the owner is legally obligated to pay as damages because of accidental bodily injury and accidental property damage arising out of the ownership or operation of a motor vehicle if the accident occurs in the United States, its possessions, or Canada.
(2)
Motor vehicle liability insurance must afford limits of liability not less than those required under the financial responsibility laws of this state.
(b)
If the accident occurs outside this state but in the United States, its possessions, or Canada and if the limits of liability of the financial responsibility or compulsory insurance laws of the applicable jurisdiction exceed the limits of liability of the financial responsibility laws of this state, the motor vehicle liability insurance is deemed to comply with the limits of liability of the laws of the applicable jurisdiction.
(c)
For purposes of this section, "motor vehicle" is defined as provided in §
27-14-104
.
Amended by Act 2019, No. 391,§ 11, eff. 7/24/2019.
Acts 2001, No. 309, § 2.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 89 - CASUALTY INSURANCE (§§ 23-89-101 — 23-89-518) › Subchapter 2 - AUTOMOBILE LIABILITY INSURANCE GENERALLY (§§ 23-89-201 — 23-89-217) › Section 23-89-213 - Proof of insurance

(a)
All insurance companies authorized to do business in this state and issuing automobile liability insurance policies in this state shall furnish to the insured a proof-of-insurance card.
(b)
The proof-of-insurance card or any temporary proof of insurance issued by the insurance company shall contain the following information:
(1)
The name, address, telephone number, and National Association of Insurance Commissioners' code number of the insurer;
(2)
The name and telephone number of the local agent through whom the policy was issued, if any, or a blank space where a local agent's name may be stamped or filled in;
(3)
The policy number;
(4)
The effective date of the insurance policy coverage and the expiration date of the insurance policy coverage;
(5)
The vehicle identification number and a brief description of the insured vehicle, except that an insurance card for fleet vehicles is not required to list a separate vehicle identification number for each vehicle in the fleet;
(6)
The name and address of the insured person; and
(7)
The designation "Excluded Driver(s)" if a person or persons are excluded from coverage under the insurance policy.
(c)
At the discretion of the Insurance Commissioner, any person or insurance company that violates this section may be subject to the following penalties:
(1)
Suspension or revocation of the person's or insurer's certificate of authority to transact insurance in this state under §
23-63-213
; or
(2)
A monetary penalty in lieu of revocation or suspension as provided under §
23-63-213
.
Amended by Act 2013, No. 355,§ 15, eff. 8/16/2013.
Acts 2001, No. 1828, § 1; 2003, No. 998, § 1; 2005, No. 506, § 47; 2007, No. 485, § 1.