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23-79-152. Cancellation, increase in premium, and negative risk rating prohibited when insured not at fault.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-79-152. Cancellation, increase in premium, and negative risk rating prohibited when insured not at fault.
(a) Except as provided in subsection (c) of this section, when a person is innocent of any negligent or intentional act that was the proximate cause of an accident or injury whether or not a claim is filed under any policy or contract of insurance, no insurer authorized to transact the business of motor vehicle liability insurance in this state shall solely as a result of the accident or injury:
(1) Cancel the person's insurance policy or contract;
(2) Increase the premium during the term or upon renewal of the person's insurance policy or contract; or
(3) Lower or otherwise negatively impact the risk rating of the person.
(b) Any insurer that violates the provisions of this section shall be subject to the procedure and penalties provided under the Trade Practices Act, § 23-66-201 et seq.
(c) Nothing in this section shall prevent an insurer from canceling, not renewing, or revising the rating of an insurance policy if the insurer is otherwise permitted to do so by statute or rule.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-79-152
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:23-79-152
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: b71c76969239c4336d43465431c645135e03310dbd72c7e2b00725b17e25d4e8
Source location: content.xml paragraph 45777
Stored source content
23-79-152. Cancellation, increase in premium, and negative risk rating prohibited when insured not at fault.
(a) Except as provided in subsection (c) of this section, when a person is innocent of any negligent or intentional act that was the proximate cause of an accident or injury whether or not a claim is filed under any policy or contract of insurance, no insurer authorized to transact the business of motor vehicle liability insurance in this state shall solely as a result of the accident or injury:
(1) Cancel the person's insurance policy or contract;
(2) Increase the premium during the term or upon renewal of the person's insurance policy or contract; or
(3) Lower or otherwise negatively impact the risk rating of the person.
(b) Any insurer that violates the provisions of this section shall be subject to the procedure and penalties provided under the Trade Practices Act, § 23-66-201 et seq.
(c) Nothing in this section shall prevent an insurer from canceling, not renewing, or revising the rating of an insurance policy if the insurer is otherwise permitted to do so by statute or rule.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
23-66-201. Title.
This subchapter may be referred to as the “Trade Practices Act”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-66-201
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 23-66-201. This identifies an authority to review, not proof of applicability.