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 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-79-101 — 23-79-168) › Section 23-79-157 - Payment for services rendered by physical therapists, occupational therapists, and speech-language pathologists

(a)
As used in this section:
(1)
(A)
"Health benefit plan" means any group or blanket plan, policy, or contract for healthcare services issued or delivered in this state by healthcare insurers, including indemnity and managed care plans and the plans providing health benefits to state and public school employees under §
21-5-401
et seq., but excluding individual major medical plans and plans providing healthcare services under Arkansas Constitution, Article 5, § 32, the Workers' Compensation Law, §
11-9-101
et seq., and the Public Employee Workers' Compensation Act, §
21-5-601
et seq.
(B)
"Health benefit plan" does not include an accident-only, specified disease, hospital indemnity, Medicare supplement, long-term care, disability income, or other limited benefit health insurance policy;
(2)
"Healthcare insurer" means any insurance company, hospital and medical service corporation, or health maintenance organization issuing or delivering health benefit plans in this state and subject to any of the following laws:
(A)
The insurance laws of this state;
(B)
Section
23-75-101
et seq., pertaining to hospital and medical service corporations; and
(C)
Section
23-76-101
et seq., pertaining to health maintenance organizations;
(3)
"Licensed physical therapist, occupational therapist, or speech-language pathologist" means:
(A)
A physical therapist licensed under §§
17-93-101
-
17-93-312
;
(B)
An occupational therapist licensed under the Arkansas Occupational Therapy Practice Act, §
17-88-101
et seq.; and
(C)
A speech-language pathologist licensed under §§
17-100-102
-
17-100-308
; and
(4)
"Licensed primary care physician or osteopath" means a primary care physician and an osteopath licensed under §§
17-80-101
-
17-95-505
.
(b)
An insurer shall not impose a copayment, coinsurance, or an office visit deductible amount or a combination of a copayment, coinsurance, or an office visit deductible amount charged to the insured for services rendered for a date of service by a licensed physical therapist, occupational therapist, or speech-language pathologist that is greater than the copayment, coinsurance, or office visit deductible amount charged to the insured for an office visit for the service of a licensed primary care physician or osteopath.
(c)
An insurer shall state in its health benefit plan:
(1)
The availability of physical therapy, occupational therapy, or speech-language pathologist coverage under its plan; and
(2)
All related limitations, conditions, and exclusions.
Added by Act 2013, No. 342,§ 1, eff. 8/16/2013.
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 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-79-101 — 23-79-168) › Section 23-79-158 - Denials of dental claims

(a)
(1)
As used in this section, "insurer" means an insurance company, a health maintenance organization, a hospital and medical service corporation, or a self-insured health plan for employees of a governmental entity that provides dental benefits.
(2)
As used in this section, "insurer" includes an outside review entity that contracts with an insurance company, a health maintenance organization, a hospital and medical service corporation, or a self-insured health plan for employees of a governmental entity that provides dental benefits.
(b)
A denial of all or part of a dental claim based upon medical necessity shall be made by a dentist licensed in the United States who is a graduate of a Commission on Dental Accreditation accredited program.
(c)
To facilitate expeditious resolution, the insurer shall provide, upon request, a written communication to the treating dentist with the name, state where licensed, license number, and direct telephone number of the reviewing dentist.
Added by Act 2013, No. 427,§ 1, eff. 3/15/2013.
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 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-79-101 — 23-79-168) › Section 23-79-159 - Notification of drug formulary changes

(a)
(1)
A health benefit plan that provides prescription drug coverage or contracts with a third party for prescription drug services with tiered copayments shall notify an enrollee presently taking a prescription drug, in writing or electronically at the request of the enrollee, at least sixty (60) days before an increase in the enrollee's financial responsibility as a result of a modification by the health benefit plan to the health benefit plan's drug formulary.
(2)
Subdivision (a)(1) of this section does not apply to a generic substitution for a prescription drug.
(b)
This section does not apply to coverage for a drug that is determined by a pharmacy and a therapeutics committee to be subject to new safety warnings.
Added by Act 2013, No. 1260,§ 1, eff. 1/1/2014.
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 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-79-101 — 23-79-168) › Section 23-79-160 - [Repealed]

Repealed by Act 2021, No. 481,§ 3, eff. 7/28/2021.
Added by Act 2015, No. 1278,§ 1, eff. 7/22/2015.
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 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-79-101 — 23-79-168) › Section 23-79-162 - Notice of renewal in affiliate or subsidiary

(a)
This section applies to all forms of property and casualty insurance written under this subchapter.
(b)
A notice of nonrenewal is not required if:
(1)
The insured is transferred from an insurer to an affiliate insurer for future coverage; and
(2)
The transfer results in substantially similar or broader coverage to the insured.
(c)
(1)
Notice of a renewal in an affiliate or subsidiary shall be provided to a policyholder according to the renewal notice requirements applicable to the type or kind of policy being renewed.
(2)
The notice of renewal in an affiliate or subsidiary described in subdivision (c)(1) of this section shall state:
(A)
The reason for the change to the affiliate or subsidiary;
(B)
That coverage shall be provided by the affiliate or subsidiary unless the policyholder chooses to pursue coverage with an insurer outside the group of affiliated insurers; and
(C)
The relevant information about changes to the policy's deductible, provisions, and amount of premium.
(d)
At least ninety (90) days in advance of mailing the notice of renewal in an affiliate or subsidiary to its policyholders, an insurer shall notify the Insurance Commissioner of its intention to renew policies in bulk in an affiliate or subsidiary and provide the commissioner with a copy of the notice to policyholders.
(e)
This section does not repeal or supersede any requirements of the Insurance Holding Company Regulatory Act, §
23-63-501
et seq., including without limitation the provisions of §
23-63-515
that are applicable to material transactions between an insurer and an insurer's affiliates.
Added by Act 2019, No. 689,§ 3, eff. 7/24/2019.
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 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-79-101 — 23-79-168) › Section 23-79-163 - Excepted benefits

Excepted benefits are not subject to the requirements of this subchapter regarding coverage of a specific person, provider, treatment, service, condition, or disease unless that coverage is required by law.
Added by Act 2019, No. 521,§ 23, eff. 7/24/2019.
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 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-79-101 — 23-79-168) › Section 23-79-164 - Coverage for positron emission tomography - Definitions

(a)
As used in this section:
(1)
(A)
"Health benefit plan" means an individual, blanket, or any group plan, policy, or contract for healthcare services issued, renewed, or extended in this state by a healthcare insurer, health maintenance organization, hospital medical service corporation, or self-insured governmental or church plan in this state.
(B)
"Health benefit plan" includes:
(i)
Indemnity and managed care plans; and
(ii)
Plans providing health benefits to state and public school employees under §
21-5-401
et seq.
(C)
"Health benefit plan" does not include:
(i)
A plan that provides only dental benefits or eye and vision care benefits;
(ii)
A disability income plan;
(iii)
A credit insurance plan;
(iv)
Insurance coverage issued as a supplement to liability insurance;
(v)
Medical payments under an automobile or homeowners insurance plan;
(vi)
A health benefit plan provided under Arkansas Constitution, Article 5, § 32, the Workers' Compensation Law, §
11-9-101
et seq., and the Public Employee Workers' Compensation Act, §
21-5-601
et seq.;
(vii)
A plan that provides only indemnity for hospital confinement;
(viii)
An accident-only plan; or
(ix)
A specified disease plan;
(2)
(A)
"Healthcare insurer" means any insurance company, hospital and medical service corporation, or health maintenance organization that issues or delivers health benefit plans in this state and is subject to any of the following laws:
(i)
The insurance laws of this state;
(ii)
Section
23-75-101
et seq., pertaining to hospital and medical service corporations; or
(iii)
Section
23-76-101
et seq., pertaining to health maintenance organizations.
(B)
"Healthcare insurer" does not include an entity that provides only dental benefits or eye and vision care benefits; and
(3)
"Positron emission tomography" means an imaging test that uses radioactive substances to visualize and measure metabolic processes in the body to help reveal how tissue and organs are functioning.
(b)
A healthcare insurer that offers a health benefit plan in this state shall provide coverage for positron emission tomography to screen for or to diagnose cancer in a patient upon the recommendation of the patient's physician when the patient has a prior history of cancer.
(c)
Benefits under subsection (b) of this section are subject to any health benefit plan provisions that apply to other services covered by the health benefit plan.
Added by Act 2021, No. 583,§ 1, eff. 7/28/2021.
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 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-79-101 — 23-79-168) › Section 23-79-165 - Coverage for hepatitis C screening during pregnancy

(a)
A health benefit plan that is offered, issued, or renewed in this state shall provide coverage for screening for hepatitis C during pregnancy by a healthcare professional on or after January 1, 2022.
(b)
The coverage for screening for hepatitis C during pregnancy under this section:
(1)
Is not subject to policy deductibles or copayment requirements; and
(2)
Does not diminish or limit benefits otherwise allowable under a health benefit plan.
(c)
Coverage provided for screening under subsection (a) of this section for a government self-insured plan is subject to any health benefit plan provisions that apply to other services covered by the health benefit plan.
Added by Act 2021, No. 598,§ 3, eff. 7/28/2021.
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 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-79-101 — 23-79-168) › Section 23-79-166 - Insurance coverage of gender transition procedures for minors prohibited

(a)
As used in this section, "gender transition procedures" means the same as defined in §
20-9-1501
.
(b)
A health benefit plan under an insurance policy or other plan providing healthcare coverage in this state shall not include reimbursement for gender transition procedures for a person under eighteen (18) years of age.
(c)
A health benefit plan under an insurance policy or other plan providing healthcare coverage in this state is not required to provide coverage for gender transition procedures.
Added by Act 2021, No. 626,§ 4, eff. 7/28/2021.
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 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-79-101 — 23-79-168) › Section 23-79-167 - Health savings account-qualified health insurance policy - Exemption - Definition

(a)
As used in this section, "health savings account-qualified health insurance policy" means a policy of individual or group health insurance coverage that satisfies the criteria for a high deductible health plan under
26 U.S.C. § 223
, as it existed on January 1, 2021.
(b)
A health savings account-qualified health insurance policy is exempt from a prohibition on cost-sharing requirements for a covered benefit that is required under state law to the extent the exemption is necessary to meet the criteria for a health savings account-qualified health insurance policy.
(c)
This section does not apply to any coverage required by state law that pertains to preventive care as defined by regulation or guidance issued by the United States Department of the Treasury under
26 U.S.C. § 223
, as it existed on January 1, 2021, with respect to any health savings account-qualified health insurance policy issued, delivered, amended, or renewed while the regulation or guidance issued by the United States Department of the Treasury is effective.
Added by Act 2021, No. 939,§ 1, eff. 7/28/2021.
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 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-79-101 — 23-79-168) › Section 23-79-168 - Deductible based on percentage of insured value - Disclosure required

A residential property insurance policy issued or renewed in this state that bases the deductible under the insurance policy for any loss, other than a loss due to an earthquake, on a percentage of the insured value of the insured property shall disclose to the insured the monetary amount of the deductible, other than for a loss due to an earthquake, on the policy declaration page or notice of renewal of the policy.
Added by Act 2023, No. 471,§ 1, eff. 8/1/2023.
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 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 2 - SUITS AGAINST INSURERS (§§ 23-79-201 — 23-79-210) › Section 23-79-201 - Claims arising outside United States - Automobile liability insurer

A person having a claim for personal injury or property damage arising out of the use of a motor vehicle in a foreign country by another who, at the time of the injury or damage, was covered by a policy of automobile liability insurance with an insurer subject to the jurisdiction of the courts of this state, may sue the insurer directly on the claim in any court of competent jurisdiction in the county of which the person was a resident at the time the injury or damage occurred.
Acts 1965, No. 130, § 1; A.S.A. 1947, § 66-3244.
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 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 2 - SUITS AGAINST INSURERS (§§ 23-79-201 — 23-79-210) › Section 23-79-202 - Limitation of actions

(a)
An action may be maintained in the courts of this state by an insured or any other person on his or her behalf to recover on any claim or loss arising under a policy of insurance on property or life against the insurer issuing the policy or against the sureties on any bond filed by the insurer as a condition precedent to its right to do business in this state, at any time within the period prescribed by law for bringing actions on promises in writing.
(b)
Any stipulation or provision in the policy or contract requiring the action to be brought within any shorter time or be barred is void.
Acts 1959, No. 148, § 299; A.S.A. 1947, § 66-3232.
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 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 2 - SUITS AGAINST INSURERS (§§ 23-79-201 — 23-79-210) › Section 23-79-203 - Trial by jury

(a)
No insurance policy or annuity contract shall contain any condition, provision, or agreement which directly or indirectly deprives the insured or beneficiary of the right to trial by jury on any question of fact arising under the policy or contract.
(b)
All such provisions, conditions, or agreements shall be void.
Acts 1959, No. 148, § 300; A.S.A. 1947, § 66-3233.
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 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 2 - SUITS AGAINST INSURERS (§§ 23-79-201 — 23-79-210) › Section 23-79-204 - Venue

(a)
An action brought in this state by or in behalf of the insured or beneficiary against an insurer as to a loss occurring or benefits or rights provided under an insurance policy or annuity contract shall be brought in either:
(1)
The county in which the loss occurred, or the insured died, in the case of life insurance; or
(2)
The county of the insured's residence at the time of the loss or death.
(b)
Actions brought in this state against an insurer under §
23-79-210
, which provides that the liability insurer may be sued directly where the insured is legally immune, shall be brought either in the county where the injury or damage occurred or where one (1) or more of the plaintiffs resided at the time of the injury or damage.
(c)
The venue of all other actions against a domestic insurer shall be as provided in §
16-60-101
.
Amended by Act 2015, No. 830,§ 3, eff. 7/22/2015.
Acts 1959, No. 148, § 301; A.S.A. 1947, § 66-3234.
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 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 2 - SUITS AGAINST INSURERS (§§ 23-79-201 — 23-79-210) › Section 23-79-205 - Service of process

(a)
In any suit brought in this state against an insurer, process may be served upon the insurer as follows:
(1)
As to domestic insurers, service of process may be had only in the manner as provided by §
16-58-124
;
(2)
As to licensed foreign or alien insurers, service on and after January 1, 2003, may be made as provided in §
23-63-301
et seq.;
(3)
As to suits against unauthorized insurers, service of process shall be made as provided in §§
23-65-101
-
23-65-104
, §
23-65-201
et seq., and §§
23-65-301
-
23-65-318
for unauthorized insurers and surplus lines.
(b)
Any service of process shall be returnable to the court having jurisdiction under §
23-79-204
.
Acts 1959, No. 148, § 302; A.S.A. 1947, § 66-3235; Acts 2001, No. 1604, § 111.
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 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 2 - SUITS AGAINST INSURERS (§§ 23-79-201 — 23-79-210) › Section 23-79-206 - Evidence of death of person in military service

(a)
It shall be competent and proper in the trial of causes arising from death claims against insurers, accruing on account of death of the insured in foreign lands and while in the service of the United States Government as a member of the United States Armed Forces, to introduce as evidence a certificate from the appropriate officer of the United States Armed Forces having the authority to make the certificate, certifying the death of the insured.
(b)
When the certificate, officially signed and certified as provided in subsection (a) of this section, has been introduced in evidence in the trial, it shall be received and considered in the trial as prima facie evidence of the death of the insured.
Acts 1959, No. 148, § 303; A.S.A. 1947, § 66-3236.
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 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 2 - SUITS AGAINST INSURERS (§§ 23-79-201 — 23-79-210) › Section 23-79-207 - Substantial compliance - Fire insurance upon personal property

In all actions against any insurer for any claim accruing, arising upon, or growing out of any fire insurance policy upon personal property issued by the insurer, proof of a substantial compliance with the terms, conditions, and warranties of the policy upon the part of the insured or his or her assigns shall be deemed sufficient and entitle the plaintiff to recover in the action.
Acts 1959, No. 148, § 304; A.S.A. 1947, § 66-3237.
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 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 2 - SUITS AGAINST INSURERS (§§ 23-79-201 — 23-79-210) › Section 23-79-209 - Allowance of attorney's fees in suits to terminate, modify, or reinstate policy

(a)
In all suits in which the judgment or decree of a court is against a life, property, accident and health, or liability insurance company, either in a suit by it to cancel or lapse a policy or to change or alter the terms or conditions thereof in any way that may have the effect of depriving the holder of the policy of any of his or her rights thereunder, or in a suit for a declaratory judgment under the policy, or in a suit by the holder of the policy to require the company to reinstate the policy, the company shall also be liable to pay the holder of the policy all reasonable attorney's fees for the defense or prosecution of the suit, as the case may be.
(b)
The fees shall be based on the face amount of the policy involved.
(c)
The attorney's fees shall be taxed by the court where the suit is heard on original action, by appeal or otherwise, and shall be taxed up as a part of the costs therein and collected as other costs are or may be by law collected.
Acts 1959, No. 148, § 306; A.S.A. 1947, § 66-3239; Acts 2001, No. 1604, § 114.
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 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 2 - SUITS AGAINST INSURERS (§§ 23-79-201 — 23-79-210) › Section 23-79-210 - Direct cause of action against liability insurer when insured not subject to tort suit

(a)
(1)
When liability insurance is carried by any cooperative nonprofit corporation, association, or organization, or by any municipality, agency, or subdivision of a municipality, or of the state, or by any improvement district or school district, or by any other organization or association of any kind or character and not subject to suit for tort, and if any person, firm, or corporation suffers injury or damage to person or property on account of the negligence or wrongful conduct of the organization, association, municipality, or subdivision, its servants, agents, or employees acting within the scope of their employment or agency, then the person, firm, or corporation so injured or damaged shall have a direct cause of action against the insurer with which the liability insurance is carried to the extent of the amounts provided for in the insurance policy as would ordinarily be paid under the terms of the policy.
(2)
Any self-insurance fund, pooled liability fund, or similar fund maintained by a medical care provider for the payment or indemnification of the medical care provider's liabilities for medical injuries under §
16-114-201
et seq. shall be deemed to be liability insurance susceptible to direct action under this section.
(3)
The insurer shall be directly liable to the injured person, firm, or corporation for damages to the extent of the coverage in the liability insurance policy, and the plaintiff may proceed directly against the insurer regardless of the fact that the actual tortfeasor may not be sued under the laws of the state.
(b)
Any of the organizations or entities not subject to suit for tort described in subsection (a) of this section and the officers of those organizations or entities upon the request of any person so injured or damaged shall disclose the existence of any liability insurance, the name of the insurer, and the terms, amounts, and limits provided by the policy or policies.
(c)
(1)
Nothing in this section shall be deemed to require the organization or entity not subject to suit for tort to carry liability insurance. This section provides only for a direct action against the insurer by the injured or damaged person in the event liability insurance is so carried.
(2)
The substance of this section shall by operation of law be a part of any liability insurance policy so carried, notwithstanding the terms of the policy itself, and any limitation in any policy restricting the right to recover to a judgment's first being obtained against a tortfeasor shall be void.
Acts 1959, No. 148, §§ 307-309; A.S.A. 1947, §§ 66-3240 -- 66-3242; 2007, No. 750, § 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 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 3 - MINIMUM STANDARDS - COMMERCIAL PROPERTY AND CASUALTY INSURANCE POLICIES (§§ 23-79-301 — 23-79-312) › Section 23-79-301 - Purpose

The purpose of this subchapter is to provide minimum standards for commercial lines property and casualty insurance policies or contracts. These minimum standards are designed to minimize restrictions in coverage and to assure minimum standards for these commercial policies or contracts for the protection of the public. This subchapter is not intended to impede flexibility and innovation in the development of commercial property and casualty insurance policy or contract form or content. This subchapter is not intended to conflict with the provisions concerning insurance contracts in the Arkansas Insurance Code and, in particular, the provisions of §
23-60-105
. This subchapter is not intended to conflict with nor apply to insurance policies and contracts of surplus lines insurers operating in this state in compliance with §
23-65-310
.
Acts 1987, No. 204, § 1; 1999, No. 881, § 14.
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 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 3 - MINIMUM STANDARDS - COMMERCIAL PROPERTY AND CASUALTY INSURANCE POLICIES (§§ 23-79-301 — 23-79-312) › Section 23-79-302 - Definition

For purposes of this subchapter, a claims-made policy as referenced in §
23-79-306
means a policy which provides coverage if a claim for damages is first made during the policy period.
Acts 1987, No. 204, § 4; 1991, No. 1123, § 12.
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 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 3 - MINIMUM STANDARDS - COMMERCIAL PROPERTY AND CASUALTY INSURANCE POLICIES (§§ 23-79-301 — 23-79-312) › Section 23-79-303 - Applicability - Exceptions

(a)
This subchapter applies to property and casualty insurance on commercial risks in this state, except:
(1)
Reinsurance;
(2)
Insurance against loss of or damage to aircraft or their hulls, accessories, and equipment or against liability arising out of the ownership, maintenance, or use of aircraft;
(3)
Ocean marine or foreign trade insurance;
(4)
Title insurance;
(5)
Surety or fidelity insurance;
(6)
Credit insurance;
(7)
Workers' compensation or employers' liability insurance; and
(8)
Large commercial risks.
(b)
Section
23-79-307(5)(A)
, §
23-79-311
, and §
23-79-312
do not apply to medical malpractice insurance.
Acts 1987, No. 204, § 2; 1999, No. 458, § 8; 2009, No. 726, § 39.
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 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 3 - MINIMUM STANDARDS - COMMERCIAL PROPERTY AND CASUALTY INSURANCE POLICIES (§§ 23-79-301 — 23-79-312) › Section 23-79-304 - Construction

This subchapter shall be deemed cumulative of prior laws. No prior law or part of a law shall be deemed to be in conflict with this subchapter unless failure to so determine would prevent giving effect to an explicit provision of this subchapter.
Acts 1987, No. 204, § 9.
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 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 3 - MINIMUM STANDARDS - COMMERCIAL PROPERTY AND CASUALTY INSURANCE POLICIES (§§ 23-79-301 — 23-79-312) › Section 23-79-305 - Violations - Order

(a)
Whenever the Insurance Commissioner shall have reason to believe that any person has violated any provision of this subchapter, the commissioner shall issue and serve upon the person a statement of the alleged violations and a notice of hearing as provided by §
23-79-309
.
(b)
If, after a hearing, the commissioner determines that the person has violated a provision of this subchapter, the commissioner shall issue a written order which, in the commissioner's discretion, may do one (1) or more of the following:
(1)
Revoke the certificate of authority of the insurer or the license of the rate service organization;
(2)
Suspend the certificate of authority of the insurer or the license of the rate service organization; and
(3)
Require the payment of a monetary penalty of not more than one thousand dollars ($1,000) for each violation or, if the commissioner has found willful violations, a penalty of not more than ten thousand dollars ($10,000) for each violation.
Acts 1987, No. 204, § 6.
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 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 3 - MINIMUM STANDARDS - COMMERCIAL PROPERTY AND CASUALTY INSURANCE POLICIES (§§ 23-79-301 — 23-79-312) › Section 23-79-308 - Noncomplying provisions

Any commercial property and casualty insurance policy, contract, rider, or endorsement issued after March 13, 1987, and otherwise valid that contains any condition or provision not in compliance with the requirements of this subchapter shall be construed and applied in accordance with the provisions of this subchapter.
Acts 1987, No. 204, § 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 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 3 - MINIMUM STANDARDS - COMMERCIAL PROPERTY AND CASUALTY INSURANCE POLICIES (§§ 23-79-301 — 23-79-312) › Section 23-79-309 - Administrative procedures - Appeals

(a)
Administrative procedures exercised by the Insurance Commissioner under this subchapter shall be in accordance with §§
23-61-303
-
23-61-306
.
(b)
Appeals from orders of the commissioner made under this subchapter shall be made in accordance with §
23-61-307
.
Acts 1987, No. 204, § 7.
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 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 3 - MINIMUM STANDARDS - COMMERCIAL PROPERTY AND CASUALTY INSURANCE POLICIES (§§ 23-79-301 — 23-79-312) › Section 23-79-310 - Rules

The Insurance Commissioner may promulgate such reasonable rules as are necessary to carry out the provisions of this subchapter.
Amended by Act 2019, No. 315,§ 2711, eff. 7/24/2019.
Acts 1987, No. 204, § 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 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 3 - MINIMUM STANDARDS - COMMERCIAL PROPERTY AND CASUALTY INSURANCE POLICIES (§§ 23-79-301 — 23-79-312) › Section 23-79-311 - Motor vehicle liability insurance - Extraterritorial provision

(a)
(1)
Motor vehicle liability insurance applies to the amounts that 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 the jurisdiction 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,§ 9, eff. 7/24/2019.
Acts 2001, No. 309, § 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 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 3 - MINIMUM STANDARDS - COMMERCIAL PROPERTY AND CASUALTY INSURANCE POLICIES (§§ 23-79-301 — 23-79-312) › Section 23-79-312 - Motor vehicle liability insurance - Prohibition regarding step-downs

No motor vehicle liability insurance policy issued or delivered in this state shall contain a provision that converts the limits for bodily injury or property damage to lower limits in the event that the insured motor vehicle is involved in an accident while it is being driven by a driver other than the insured.
Acts 2001, No. 1438, § 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 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 4 - MEDICARE SUPPLEMENT INSURANCE MINIMUM STANDARDS ACT (§§ 23-79-401 — 23-79-410) › Section 23-79-401 - Title

This subchapter shall be known and cited as the "Medicare Supplement Insurance Minimum Standards Act".
Acts 1992 (1st Ex. Sess.), No. 72, § 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 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 4 - MEDICARE SUPPLEMENT INSURANCE MINIMUM STANDARDS ACT (§§ 23-79-401 — 23-79-410) › Section 23-79-402 - Applicability and scope

(a)
Except as otherwise specifically provided in §
23-79-405
, this subchapter shall apply to:
(1)
All Medicare supplement policies delivered or issued for delivery in this state on or after March 20, 1992; and
(2)
All certificates issued under group Medicare supplement policies, which certificates have been delivered or issued for delivery in this state.
(b)
This subchapter shall not apply to a policy of one (1) or more employers or labor organizations, or of the trustees of a fund established by one (1) or more employers or labor organizations, or combination thereof, for employees or former employees or a combination thereof, or for members or former members, or a combination thereof, of the labor organizations.
(c)
The provisions of this subchapter are not intended to prohibit or apply to insurance policies or healthcare benefit plans, including group conversion policies, provided to Medicare-eligible persons, which policies are not marketed or held to be Medicare supplement policies or benefit plans.
Acts 1992 (1st Ex. Sess.), No. 72, § 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 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 4 - MEDICARE SUPPLEMENT INSURANCE MINIMUM STANDARDS ACT (§§ 23-79-401 — 23-79-410) › Section 23-79-403 - Definitions

As used in this subchapter:
(1)
"Applicant" means:
(A)
In the case of an individual Medicare supplement policy, the person who seeks to contract for insurance benefits; and
(B)
In the case of a group Medicare supplement policy, the proposed certificate holder;
(2)
"Certificate" means any certificate delivered or issued for delivery in this state under a group Medicare supplement policy;
(3)
"Certificate form" means the form on which the certificate is delivered or issued for delivery by the issuer;
(4)
"Commissioner" means the Insurance Commissioner;
(5)
"Issuer" includes insurance companies, fraternal benefit societies, healthcare service plans, health maintenance organizations, and any other entity delivering or issuing for delivery in this state Medicare supplement policies or certificates;
(6)
"Medicare" means the Health Insurance for the Aged Act, Title XVIII of the Social Security Amendments of 1965, as then constituted or later amended;
(7)
"Medicare supplement policy" means a group or individual policy of accident and health insurance, a subscriber contract of a hospital and medical service corporation or health maintenance organization other than a policy issued pursuant to a contract under section 1876 or section 1833 of the Social Security Act, or an issued policy under a demonstration project authorized pursuant to amendments to the federal Social Security Act that is advertised, marketed, or designed primarily as a supplement to reimbursements under Medicare for the hospital, medical, or surgical expenses of persons eligible for Medicare; and
(8)
"Policy form" means the form on which the policy is delivered or issued for delivery by the issuer.
Acts 1992 (1st Ex. Sess.), No. 72, § 3; 2001, No. 1603, § 34.
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 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 4 - MEDICARE SUPPLEMENT INSURANCE MINIMUM STANDARDS ACT (§§ 23-79-401 — 23-79-410) › Section 23-79-405 - Loss ratio standards

Medicare supplement policies shall return to policyholders benefits which are reasonable in relation to the premiums charged. The Insurance Commissioner shall issue reasonable rules to establish minimum standards for loss ratios of Medicare supplement policies on the basis of incurred claims experience, or incurred healthcare expenses when coverage is provided by a health maintenance organization on a service rather than reimbursement basis, and earned premiums in accordance with accepted actuarial principles and practices.
Amended by Act 2019, No. 315,§ 2713, eff. 7/24/2019.
Acts 1992 (1st Ex. Sess.), No. 72, § 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 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 4 - MEDICARE SUPPLEMENT INSURANCE MINIMUM STANDARDS ACT (§§ 23-79-401 — 23-79-410) › Section 23-79-407 - Notice of free examination

Medicare supplement policies and certificates shall have a notice prominently printed on the first page of the Medicare supplement policy or certificate or attached thereto stating in substance that the applicant shall have the right to return the policy or certificate within thirty (30) days of its delivery and to have the premium refunded if, after examination of the Medicare supplement policy or certificate, the applicant is not satisfied for any reason. Any refund made pursuant to this section shall be paid directly to the applicant by the issuer in a timely manner.
Acts 1992 (1st Ex. Sess.), No. 72, § 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 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 4 - MEDICARE SUPPLEMENT INSURANCE MINIMUM STANDARDS ACT (§§ 23-79-401 — 23-79-410) › Section 23-79-408 - Filing requirements for advertising

Every issuer of Medicare supplement policies or certificates in this state shall provide a copy of any Medicare supplement advertising intended for use in this state whether through written, radio, or television medium to the Insurance Commissioner for review and approval prior to its use in this state.
Acts 1992 (1st Ex. Sess.), No. 72, § 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 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 4 - MEDICARE SUPPLEMENT INSURANCE MINIMUM STANDARDS ACT (§§ 23-79-401 — 23-79-410) › Section 23-79-409 - Administrative procedures

Rules adopted pursuant to this subchapter shall be subject to the provisions of §
23-61-108
and to the provisions of the Arkansas Administrative Procedure Act, §
25-15-201
et seq.
Amended by Act 2019, No. 315,§ 2715, eff. 7/24/2019.
Acts 1992 (1st Ex. Sess.), No. 72, § 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 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 4 - MEDICARE SUPPLEMENT INSURANCE MINIMUM STANDARDS ACT (§§ 23-79-401 — 23-79-410) › Section 23-79-410 - Penalties

In addition to any other applicable penalties for violations of the Arkansas Insurance Code, the Insurance Commissioner may require issuers violating any provisions of this subchapter or rules promulgated pursuant to this subchapter to cease marketing any Medicare supplement policy or certificate in this state which is related directly or indirectly to a violation or may require the issuer to take such actions as are necessary to comply with the provisions of this subchapter, or both.
Amended by Act 2019, No. 315,§ 2716, eff. 7/24/2019.
Acts 1992 (1st Ex. Sess.), No. 72, § 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 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 5 - COMPREHENSIVE HEALTH INSURANCE POOL ACT (§§ 23-79-501 — 23-79-517) › Section 23-79-501 - Purpose

(a)
(1)
Acts 1995, No. 1339, established the Arkansas Comprehensive Health Insurance Pool as a state program that was intended to provide an alternate market for health insurance for certain uninsurable Arkansas residents, and further this subchapter is intended to provide for the successor entity that will provide the acceptable alternative mechanism as described in the Health Insurance Portability and Accountability Act of 1996 for providing portable and accessible individual health insurance coverage for federally eligible individuals as defined in this subchapter.
(2)
This subchapter further is intended to provide a health insurance coverage option for persons eligible for a federal income tax credit under section 35 of the Internal Revenue Code, as created by the Trade Adjustment Assistance Reform Act of 2002 or as subsequently amended.
(b)
The General Assembly declares that it intends for this program to provide portable and accessible individual health insurance coverage for every individual who qualifies for coverage in accordance with §
23-79-509(b)
as a federally eligible individual or as a qualified trade adjustment assistance eligible person but does not intend for every eligible person who qualifies for pool coverage in accordance with §
23-79-509
to be guaranteed a right to be issued a policy under this pool as a matter of entitlement.
Acts 1997, No. 292, § 2; 2003, No. 1327, § 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 79 - INSURANCE POLICIES GENERALLY (§§ 23-79-101 — 23-79-2802) › Subchapter 5 - COMPREHENSIVE HEALTH INSURANCE POOL ACT (§§ 23-79-501 — 23-79-517) › Section 23-79-502 - Short title

This subchapter may be cited as the "Comprehensive Health Insurance Pool Act", and is amendatory to the Arkansas Insurance Code and the provisions of the Arkansas Insurance Code which are not in conflict with this subchapter are applicable to this subchapter.
Acts 1997, No. 292, § 1.