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23-79-204. Venue.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-79-204. Venue.
(a) An action brought in this state by or in behalf of the insured or beneficiary against an insurer as to a loss occurring or benefits or rights provided under an insurance policy or annuity contract shall be brought in either:
(1) The county in which the loss occurred, or the insured died, in the case of life insurance; or
(2) The county of the insured's residence at the time of the loss or death.
(b) Actions brought in this state against an insurer under § 23-79-210, which provides that the liability insurer may be sued directly where the insured is legally immune, shall be brought either in the county where the injury or damage occurred or where one (1) or more of the plaintiffs resided at the time of the injury or damage.
(c) The venue of all other actions against a domestic insurer shall be as provided in § 16-60-101.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-79-204
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. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:23-79-204
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 1155c31927cae8e54a3b19a6eae9c78c23addf4f842d21d2e0e48824b681355a
Source location: content.xml paragraph 46067
Stored source content
23-79-204. Venue.
(a) An action brought in this state by or in behalf of the insured or beneficiary against an insurer as to a loss occurring or benefits or rights provided under an insurance policy or annuity contract shall be brought in either:
(1) The county in which the loss occurred, or the insured died, in the case of life insurance; or
(2) The county of the insured's residence at the time of the loss or death.
(b) Actions brought in this state against an insurer under § 23-79-210, which provides that the liability insurer may be sued directly where the insured is legally immune, shall be brought either in the county where the injury or damage occurred or where one (1) or more of the plaintiffs resided at the time of the injury or damage.
(c) The venue of all other actions against a domestic insurer shall be as provided in § 16-60-101.
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
16-60-101. Venue in circuit courts — General rules and exceptions.
(a) A civil action other than a civil action mentioned in §§ 16-60-102 — 16-60-109, 16-106-101, and specific venue provisions codified in another title of the Arkansas Code shall be brought in any of the following counties:
(1) The county in which a substantial part of the event or omission giving rise to the cause of action occurred;
(2)(A) The county in which an individual defendant resided at the time of the event or omission giving rise to the cause of action.
(B) If the defendant is an entity other than an individual, the civil action shall be brought in the county where the entity had its principal office in this state at the time of the event or omission giving rise to the cause of action; or
(3)(A) The county in which the plaintiff resided at the time of the event or omission giving rise to the cause of action.
(B) If the plaintiff is an entity other than an individual, the civil action shall be brought in the county where the plaintiff had its principal office in this state at the time of the event or omission giving rise to the cause of action.
(b)(1) The residence of a properly joined named class representative may be considered in determining proper venue in a class action.
(2) The residence of a putative or actual member of a class other than a named representative shall not be considered in determining proper venue for a class action.
(c) In a civil action with multiple plaintiffs, venue shall be proper as to each named plaintiff joined in the civil action unless:
(1) The plaintiffs establish that they assert any right to relief against the defendant jointly, severally, or arising out of the same transaction or occurrence; and
(2) The existence of a substantial number
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-60-101
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 16-60-101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-79-210. Direct cause of action against liability insurer when insured not subject to tort suit.
(a)(1) When liability insurance is carried by any cooperative nonprofit corporation, association, or organization, or by any municipality, agency, or subdivision of a municipality, or of the state, or by any improvement district or school district, or by any other organization or association of any kind or character and not subject to suit for tort, and if any person, firm, or corporation suffers injury or damage to person or property on account of the negligence or wrongful conduct of the organization, association, municipality, or subdivision, its servants, agents, or employees acting within the scope of their employment or agency, then the person, firm, or corporation so injured or damaged shall have a direct cause of action against the insurer with which the liability insurance is carried to the extent of the amounts provided for in the insurance policy as would ordinarily be paid under the terms of the policy.
(2) Any self-insurance fund, pooled liability fund, or similar fund maintained by a medical care provider for the payment or indemnification of the medical care provider's liabilities for medical injuries under § 16-114-201 et seq. shall be deemed to be liability insurance susceptible to direct action under this section.
(3) The insurer shall be directly liable to the injured person, firm, or corporation for damages to the extent of the coverage in the liability insurance policy, and the plaintiff may proceed directly against the insurer regardless of the fact that the actual tortfeasor may not be sued under the laws of the state.
(b) Any of the organizations or entities not subject to suit for tort described in subsection (a) of this section and the off
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-79-210
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 23-79-210. This identifies an authority to review, not proof of applicability.