Browse Arkansas Code titles and sections
23-79-102. Scope.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-79-102. Scope.
Sections 23-79-101, 23-79-103 — 23-79-107, 23-79-109 — 23-79-128, 23-79-131 — 23-79-134, 23-79-162, and 23-79-202 — 23-79-210 do not apply to:
(1) Reinsurance;
(2)(A) Policies or contracts not issued for delivery in this state nor delivered in this state, except:
(i) On subjects of insurance other than life or accident and health insurance, located or to be performed in this state; and
(ii) Pursuant to § 23-79-109(e).
(B) Subdivision (2)(A) of this section does not apply to group insurance certificates issued under group insurance policies carried out and delivered outside this state but covering a person that is a resident in this state;
(3) Wet marine and foreign trade insurance; and
(4) Title insurance, except that the following apply to this line:
(A) Section 23-79-101(2), §§ 23-79-109 — 23-79-111, 23-79-113, 23-79-116, 23-79-118, 23-79-119, and 23-79-202 — 23-79-205; and
(B) Section 23-79-121, provided that the insurer may authorize or require its title agents to provide the policy to the insured.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-79-102
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:23-79-102
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: e3018a30fb21cd01cd3b0416fa960bc2eb7a16b87912cdc1197b3d4b62c6d1d6
Source location: content.xml paragraph 44750
Stored source content
23-79-102. Scope.
Sections 23-79-101, 23-79-103 — 23-79-107, 23-79-109 — 23-79-128, 23-79-131 — 23-79-134, 23-79-162, and 23-79-202 — 23-79-210 do not apply to:
(1) Reinsurance;
(2)(A) Policies or contracts not issued for delivery in this state nor delivered in this state, except:
(i) On subjects of insurance other than life or accident and health insurance, located or to be performed in this state; and
(ii) Pursuant to § 23-79-109(e).
(B) Subdivision (2)(A) of this section does not apply to group insurance certificates issued under group insurance policies carried out and delivered outside this state but covering a person that is a resident in this state;
(3) Wet marine and foreign trade insurance; and
(4) Title insurance, except that the following apply to this line:
(A) Section 23-79-101(2), §§ 23-79-109 — 23-79-111, 23-79-113, 23-79-116, 23-79-118, 23-79-119, and 23-79-202 — 23-79-205; and
(B) Section 23-79-121, provided that the insurer may authorize or require its title agents to provide the policy to the insured.
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
23-79-101. Definitions.
As used in this chapter:
(1) “Excepted benefits” means benefits under one (1) or more, or any combination thereof, of the following:
(A) Benefits not subject to requirements, including without limitation:
(i) Coverage only for accident or disability income insurance, or any combination thereof;
(ii) Coverage issued as a supplement to liability insurance;
(iii) Liability insurance, including general liability insurance and automobile liability insurance;
(iv) Workers' compensation or similar insurance;
(v) Automobile medical payment insurance;
(vi) Credit-only insurance; and
(vii) Other similar insurance coverage, specified in regulations, under which benefits for medical care are secondary or incidental to other insurance benefits;
(B) Limited-scope dental or vision benefits;
(C) Benefits for long-term care, nursing home care, home health care, community-based care, or any combination thereof;
(D) Coverage only for a specified disease or illness;
(E) Hospital indemnity or other fixed indemnity insurance; and
(F) Medicare supplemental health insurance as defined under section 1882(g)(1) of the Social Security Act, 42 U.S.C. § 1395ss(g)(1), coverage supplemental to the coverage provided under 10 U.S.C. § 1071 et seq., and similar supplemental coverage;
(2) “Policy” means the written contract of or written agreement for or effecting insurance, by whatever name called, and includes all clauses, riders, endorsements, and papers made a part thereof; and
(3)(A) “Premium” is the consideration for insurance, by whatever name called.
(B) Any assessment, or any membership, policy, survey, inspection, service, or similar fee or charge in consideration for a policy is deemed part of the premium.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-79-101
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 23-79-101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-79-103. Insurable interest — Personal insurance.
(a)(1) Any individual of competent legal capacity may procure or effect an insurance contract upon his or her own life or body for the benefit of any person.
(2) However, no person shall procure or cause to be procured any insurance contract upon the life or body of another individual unless the benefits under the contract are payable to:
(A) The individual insured or his or her personal representatives; or
(B) A person having an insurable interest in the individual insured at the time the contract was made.
(b) If the beneficiary, assignee, or other payee under any contract made in violation of this section receives from the insurer any benefits thereunder accruing upon the death, disablement, or injury of the individual insured, the individual insured or his or her executor or administrator, as the case may be, may maintain an action to recover the benefits from the person so receiving them.
(c)(1) “Insurable interest” with reference to personal insurance includes only interests as follows:
(A) In the case of individuals related closely by blood or by law, a substantial interest engendered by love and affection;
(B) In the case of persons to which subdivision (c)(1)(D) of this section does not apply, a lawful and substantial economic interest in having the life, health, or bodily safety of the individual insured continue, as distinguished from an interest that would arise only by, or would be enhanced in value by, the death, disablement, or injury of the individual insured;
(C) An individual party to a contract or option for the purchase or sale of an interest in a business partnership or firm, or of shares of stock of a closed corporation or of an interest in such shares, as an insurable interest i
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-79-103
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 23-79-103. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-79-107. Application — Statements as representations.
(a) A statement in an application or in negotiations for a life or accident and health insurance policy or annuity contract by or in behalf of the insured or annuitant are representations and not warranties. Misrepresentations, omissions, concealment of facts, and incorrect statements shall not prevent a recovery under the policy or contract unless:
(1) Fraudulent; or
(2) Material either to the acceptance of the risk or to the hazard assumed by the insurer.
(b) In any action to rescind any policy or contract or to recover thereon, if any misrepresentation with respect to a medical impairment is proved by the insurer and the insured or any other person having or claiming a right under the contract shall prevent full disclosure and proof of the nature of the medical impairment, then the misrepresentation shall be presumed to have been material.
(c) In any action to rescind any policy or contract or to recover thereon, a misrepresentation is material if there is a causal relationship between the misrepresentation and the hazard resulting in a loss under the policy or contract.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-79-107
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 23-79-107. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-79-109. Filing and approval of forms — Definitions.
(a)(1)(A)(i) No basic insurance policy, or annuity contract form, or application form when written application is required and is to be made a part of the policy or contract, or printed rider or endorsement form or form of renewal certificate, shall be issued, delivered, or used as to a subject of insurance resident, located, or to be performed in this state unless the form has been filed with and approved by the Insurance Commissioner and, in the case of individual accident and health contracts, the rates have been filed with and approved by the commissioner.
(ii)(a) The commissioner may consider a nonprofit insurer's surplus levels in determining whether a proposed rate is excessive.
(b) Subdivision (a)(1)(A)(ii)(a) of this section does not apply to a nonprofit insurer that offers only limited scope dental benefits.
(B) This subsection shall not apply to:
(i) Policy or coverage forms for large commercial risks, as defined in subsection (g) of this section;
(ii) Commercial umbrella policy or coverage forms;
(iii) Excess umbrella policy or coverage forms;
(iv) Excess of loss policy or coverage forms;
(v) Public officials' liability policy or coverage forms;
(vi) Fiduciary liability policy or coverage forms;
(vii) Directors' and officers' liability policy or coverage forms;
(viii) Kidnap and ransom policy or coverage forms;
(ix) Political risk policy or coverage forms;
(x) Expropriation coverage policy or coverage forms;
(xi) Mortgage pool insurance policy or coverage forms;
(xii) Railroad protective liability policy or coverage forms;
(xiii) Equity loan programs, second mortgage coverage, policy or coverage forms;
(xiv) Highly protected risk forms;
(xv) Surety bonds;
(xvi) Po
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-79-109
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 23-79-109. This identifies an authority to review, not proof of applicability.