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23-67-202. Definitions.

Arkansas Code — all titles (historical 2020) · legal_authorities

23-67-202. Definitions.

23-67-202. Definitions. As used in this chapter, unless the context otherwise requires: (1)(A)(i) “Advisory organization” or “rate service organization” means any entity which either has two (2) or more member insurers or is controlled either directly or indirectly by two (2) or more insurers, licensed under § 23-67-214, and which assists insurers in ratemaking-related activities such as those enumerated in § 23-67-216. (ii) Two (2) or more insurers having a common ownership or operating in this state under common management or control constitute a single insurer for the purpose of this definition. (B) The term “advisory organization” shall not include a joint underwriting association prescribed by law, any actuarial or legal consultant, or any employee of an insurer; (2) “Competitive market” means a market in which a reasonable degree of competition exists and which has not been found to be noncompetitive pursuant to § 23-67-207; (3) “Commercial risk” means any kind of risk which is not a personal risk, as defined in subdivision (7) of this section; (4) “Loss development” means the adjustment of losses as of some particular date to an ultimate settlement basis based on past maturity patterns; (5) “Loss trending” means any procedure for projecting developed losses for the cost-level adjustment to the average date of loss for the period during which the policies are to be effective; (6) “Noncompetitive market” means a market in which a reasonable degree of competition does not exist pursuant to the provisions of this chapter; (7) “Personal risks” means homeowners, tenants, private passenger nonfleet automobiles, mobile homes, and other property and casualty insurance for personal, family, or household needs; (8) “Pool” means a voluntary arrangement,

Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-67-202

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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Stable record: arkansas_code:legal_authorities:23-67-202
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: de8aab3104c66a1b12548e506ed9bd20fb870c892c7dc074b9af78088f4984a5

Source location: content.xml paragraph 38748

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23-67-202. Definitions. As used in this chapter, unless the context otherwise requires: (1)(A)(i) “Advisory organization” or “rate service organization” means any entity which either has two (2) or more member insurers or is controlled either directly or indirectly by two (2) or more insurers, licensed under § 23-67-214, and which assists insurers in ratemaking-related activities such as those enumerated in § 23-67-216. (ii) Two (2) or more insurers having a common ownership or operating in this state under common management or control constitute a single insurer for the purpose of this definition. (B) The term “advisory organization” shall not include a joint underwriting association prescribed by law, any actuarial or legal consultant, or any employee of an insurer; (2) “Competitive market” means a market in which a reasonable degree of competition exists and which has not been found to be noncompetitive pursuant to § 23-67-207; (3) “Commercial risk” means any kind of risk which is not a personal risk, as defined in subdivision (7) of this section; (4) “Loss development” means the adjustment of losses as of some particular date to an ultimate settlement basis based on past maturity patterns; (5) “Loss trending” means any procedure for projecting developed losses for the cost-level adjustment to the average date of loss for the period during which the policies are to be effective; (6) “Noncompetitive market” means a market in which a reasonable degree of competition does not exist pursuant to the provisions of this chapter; (7) “Personal risks” means homeowners, tenants, private passenger nonfleet automobiles, mobile homes, and other property and casualty insurance for personal, family, or household needs; (8) “Pool” means a voluntary arrangement, established on an ongoing basis, pursuant to which two (2) or more insurers participate in the sharing of risks on a predetermined basis. The pool may operate through an association, syndicate, or other pooling agreement; (9) “Pure premium” means that part of the premium which is sufficient to pay losses and loss adjustment expenses only; (10) “Residual market mechanism” means an arrangement, either voluntary or mandated by law, involving participation by insurers in the equitable apportionment among them of insurance which may be afforded to applicants who are unable to obtain insurance through ordinary methods; (11) “Rates” or “supplementary rate information” includes any manual or plan of rates, classification, rating schedule, minimum premium, policy fee, rating rule, and any other similar information needed to determine the applicable rate in effect or to be in effect; and (12) “Supporting information” means: (A) The experience and judgment of the filer and the experience or data of other insurers or organizations relied upon by the filer; (B) The interpretation of any statistical data relied upon by the filer; (C) Descriptions of methods used in making the rates; and (D) Other information required by the Insurance Commissioner to be filed.

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Arkansas Code — all titles (historical 2020) · legal_authorities

23-67-207. Noncompetitive market.

23-67-207. Noncompetitive market. (a) If the Insurance Commissioner has cause to believe that a reasonable degree of competition does not exist in a market, the commissioner shall hold a hearing. In determining whether a reasonable degree of competition exists, insurers operating within that market shall have the burden of establishing that a reasonable degree of competition exists within that market. (b)(1) The commissioner shall consider relevant tests of competition pertaining to market structure, market performance, and market conduct, and the practical opportunities available to consumers in the market to acquire pricing and other consumer information and to compare and obtain insurance from competing insurers. (2) These tests may include, but are not limited to, the following: (A) Size and number of insurers actively engaged in the market; (B) Market shares and changes in market shares of insurers; (C) Ease of entry into and exit from a given market; (D) Underwriting restrictions; and (E) Whether long-term profitability for insurers generally in the market is unreasonably high. (c) After the hearing, the commissioner shall issue an order as to his or her findings. This order shall expire no later than one (1) year after it is effective as provided in the order.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-67-207

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. The source passage cites 23-67-207. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

23-67-214. Licensing of advisory organizations.

23-67-214. Licensing of advisory organizations. (a) No advisory organization shall provide any service relating to the rates of any insurance subject to this chapter, and no insurer shall utilize the services of the organization for those purposes unless the organization has obtained a license from the Insurance Commissioner. (b) No advisory organization shall refuse to supply any services for which it is licensed in this state to any insurer authorized to do business in this state and offering to pay the fair and usual compensation for the services. (c)(1) An advisory organization applying for a license shall include with its application: (A) A copy of its constitution, charter, or articles of organization, agreement, association, or incorporation and a copy of its bylaws, plan of operation, and any other rules governing the conduct of its business; (B) A list of its members and subscribers; (C) The name and address of one (1) or more residents of this state upon whom notices, process affecting it, or orders of the commissioner may be served; (D) A statement showing its technical qualifications for acting in the capacity for which it seeks a license; (E) License fees as provided by § 23-61-401; and (F) Any other relevant information and documents that the commissioner may require. (2) Every organization which has applied for a license shall notify the commissioner of every material change in facts or in the documents on which its application was based. Any amendment to a document filed under this section shall be filed at least thirty (30) days before it becomes effective. (3) If the commissioner finds that the applicant and the natural persons through whom it acts are competent, trustworthy, and technically qualified to provide the services propo

Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-67-214

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. The source passage cites 23-67-214. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

23-67-216. Advisory organizations — Permitted activities.

23-67-216. Advisory organizations — Permitted activities. Any advisory organization, in addition to other activities permitted, is authorized to: (1) Develop statistical plans, including territorial and class definitions; (2) Collect statistical data from members, subscribers, or any other source; (3) Prepare and distribute pure premium data, adjusted for loss development and loss trending, in accordance with its statistical plans; (4) Prepare, distribute, and file rates and supplementary rate information except as prohibited by § 23-67-215(b). Those filings made by advisory organizations shall be for advisory purposes only and shall not be made on behalf of any insurer; (5) Distribute information that is filed with the Insurance Commissioner and open to public inspection; (6) Conduct research and on-site inspections in order to prepare classifications of public fire defenses; (7) Consult with public officials regarding public fire protection as it would affect members, subscribers, and others; (8) Conduct research and collect statistics in order to discover, identify, and classify information relating to cause or prevention of losses; (9) Prepare and file policy forms and endorsements and consult with members, subscribers, and others relative to their use and application; (10) Conduct research and on-site inspections for the purpose of providing risk information relating to individual structures; (11) Collect, compile, and distribute past and current prices of individual insurers if that information is made available to the general public; (12) File rates, supplementary rate information, and supporting information for residual market mechanisms; and (13) Furnish any other services not prohibited by this chapter.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-67-216

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. The source passage cites 23-67-216. This identifies an authority to review, not proof of applicability.