Browse Arkansas Code titles and sections
23-67-203. Scope.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-67-203. Scope.
This chapter applies to all kinds of insurance written on risks in this state by any insurers authorized to do business in this state, except:
(1) Life insurance;
(2) Annuities;
(3) Disability, including accident and health, insurance;
(4) Ocean marine insurance;
(5) Reinsurance;
(6) Aircraft insurance;
(7) Title insurance;
(8) Workers' compensation and employers' liability insurance, except that the following provisions shall apply to these lines: §§ 23-66-206; 23-67-202(1), (4)-(6), and (9)-(12); 23-67-204; 23-67-205; 23-67-208; 23-67-214; 23-67-215(a) and (c); 23-67-216; 23-67-218; 23-67-219; and the Publisher's Note to Title 23, Chapter 67;
(9) Motor vehicle service contracts, for so long as the motor vehicle service contract providers' exposures to their customers are fully insured by an insurer that is authorized to transact property and casualty insurance business in this state; or
(10) Surplus lines insurance.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-67-203
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.
Issuing source page ↗
Authority boundary: historical statutory source snapshot not current law.
Open the recorded source website ↗
Record provenance
Stable record: arkansas_code:legal_authorities:23-67-203
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: cfc6dd8964f1d779bc6d7f54643d3adf54e991ba3e33babccb03ab322adeb291
Source location: content.xml paragraph 38771
Stored source content
23-67-203. Scope.
This chapter applies to all kinds of insurance written on risks in this state by any insurers authorized to do business in this state, except:
(1) Life insurance;
(2) Annuities;
(3) Disability, including accident and health, insurance;
(4) Ocean marine insurance;
(5) Reinsurance;
(6) Aircraft insurance;
(7) Title insurance;
(8) Workers' compensation and employers' liability insurance, except that the following provisions shall apply to these lines: §§ 23-66-206; 23-67-202(1), (4)-(6), and (9)-(12); 23-67-204; 23-67-205; 23-67-208; 23-67-214; 23-67-215(a) and (c); 23-67-216; 23-67-218; 23-67-219; and the Publisher's Note to Title 23, Chapter 67;
(9) Motor vehicle service contracts, for so long as the motor vehicle service contract providers' exposures to their customers are fully insured by an insurer that is authorized to transact property and casualty insurance business in this state; or
(10) Surplus lines insurance.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-66-206. Unfair methods of competition and unfair or deceptive acts or practices defined.
The following are defined as unfair methods of competition and unfair or deceptive acts or practices in the business of insurance:
(1) “Boycott, coercion, and intimidation” means entering into any agreement to commit or, by any concerted action, committing any act of boycott, coercion, or intimidation resulting in or tending to result in unreasonable restraint of, or monopoly in, the business of insurance;
(2) “Churning of business” means a situation in which the licensee replaces an existing policy of life insurance or accident and health insurance, or both, and that replacement is:
(A) Not in accordance with § 23-66-307; or
(B) Without objective demonstration by the licensee of the purpose of replacing the policy for the benefit and betterment of the insured;
(3) “Defamation” means making, publishing, disseminating, or circulating, directly or indirectly, or aiding, abetting, or encouraging the making, publishing, disseminating, or circulating of any oral or written statement or of any pamphlet, circular, article, or literature that is false or maliciously critical of or derogatory to the financial condition of any person and that is calculated to injure that person;
(4)(A) “Failure to maintain complaint handling procedures” means failing to adopt and implement reasonable standards for the prompt handling of complaints received by the person from insureds or claimants, or from the Insurance Commissioner on behalf of insureds or claimants, and failing to keep a record of the complaints received.
(B) A complete complaints register of all complaints that the person has received shall be maintained for the current year plus five (5) calendar years. This complaints re
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-66-206
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 23-66-206. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
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. The source passage cites 23-67-202. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-67-204. Payment of dividends.
Nothing in this chapter shall be construed to prohibit the payment of dividends, savings, or unabsorbed premium deposits allowed or returned by insurers to their policyholders, members, or subscribers.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-67-204
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 23-67-204. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-67-205. Penalties.
(a) Whenever the Insurance Commissioner shall have reason to believe that any person has violated any provision of this chapter, he or she shall issue and serve upon the person a statement of the alleged violations and a notice of hearing as provided by § 23-67-221 [repealed].
(b) If, after a hearing, the commissioner determines that the person has violated a provision of this chapter, the commissioner shall issue a written order which, in his or her discretion, may do one (1) or more of the following:
(1) Revoke the certificate of authority of the insurer or the license of the advisory organization;
(2) Suspend the certificate of authority of the insurer or the license of the advisory organization; or
(3) Require the payment of a monetary penalty of not more than one thousand dollars ($1,000) for each violation or a penalty of not more than ten thousand dollars ($10,000) for each violation if the commissioner has found willful violations.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-67-205
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 23-67-205. This identifies an authority to review, not proof of applicability.