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23-65-312. Liability of insurer as to losses and unearned premiums.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-65-312. Liability of insurer as to losses and unearned premiums.
(a)(1) If a surplus lines risk has been assumed by an unauthorized insurer under this subchapter and the premium has been received by the surplus lines broker who placed the insurance, the insurer shall be deemed to have received the premium due to it for the coverage.
(2) The insurer shall be liable to the insured for:
(A) Losses covered by the insurance; and
(B) Unearned premiums that may become payable to the insured upon cancellation of the insurance.
(b) Each unauthorized insurer assuming a surplus lines direct risk under the insurance laws of this state shall be deemed to have subjected itself to the terms of this section.
(c) This section shall not deprive the surplus lines insurer of any right of action against the surplus lines broker.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-65-312
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:23-65-312
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: e55eafb0b349fe96dcf27eb85c1d80908ddb849770b1fa575c6e2e514271ca8f
Source location: content.xml paragraph 37309
Stored source content
23-65-312. Liability of insurer as to losses and unearned premiums.
(a)(1) If a surplus lines risk has been assumed by an unauthorized insurer under this subchapter and the premium has been received by the surplus lines broker who placed the insurance, the insurer shall be deemed to have received the premium due to it for the coverage.
(2) The insurer shall be liable to the insured for:
(A) Losses covered by the insurance; and
(B) Unearned premiums that may become payable to the insured upon cancellation of the insurance.
(b) Each unauthorized insurer assuming a surplus lines direct risk under the insurance laws of this state shall be deemed to have subjected itself to the terms of this section.
(c) This section shall not deprive the surplus lines insurer of any right of action against the surplus lines broker.
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