Arkansas Legal Resource Navigator

23-79-205. Service of process.

Arkansas Code — all titles (historical 2020) · legal_authorities

23-79-205. Service of process.

23-79-205. Service of process. (a) In any suit brought in this state against an insurer, process may be served upon the insurer as follows: (1) As to domestic insurers, service of process may be had only in the manner as provided by § 16-58-124; (2) As to licensed foreign or alien insurers, service on and after January 1, 2003, may be made as provided in § 23-63-301 et seq.; (3) As to suits against unauthorized insurers, service of process shall be made as provided in §§ 23-65-101 — 23-65-104, § 23-65-201 et seq., and §§ 23-65-301 — 23-65-318 for unauthorized insurers and surplus lines. (b) Any service of process shall be returnable to the court having jurisdiction under § 23-79-204.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-79-205

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. A text match is a research starting point; applicability is not established.

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Stable record: arkansas_code:legal_authorities:23-79-205
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: eebf5c24cc092ed03afc9034fcef636711c6b76a311128e9fed601c9a51942e5

Source location: content.xml paragraph 46100

Stored source content

23-79-205. Service of process. (a) In any suit brought in this state against an insurer, process may be served upon the insurer as follows: (1) As to domestic insurers, service of process may be had only in the manner as provided by § 16-58-124; (2) As to licensed foreign or alien insurers, service on and after January 1, 2003, may be made as provided in § 23-63-301 et seq.; (3) As to suits against unauthorized insurers, service of process shall be made as provided in §§ 23-65-101 — 23-65-104, § 23-65-201 et seq., and §§ 23-65-301 — 23-65-318 for unauthorized insurers and surplus lines. (b) Any service of process shall be returnable to the court having jurisdiction under § 23-79-204.

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Arkansas Code — all titles (historical 2020) · legal_authorities

16-58-124. Method of service — Corporations.

16-58-124. Method of service — Corporations. (a) When the defendant is a corporation created by the laws of this state, the service of the summons may be upon the president, mayor, or chairman of the board of trustees. In case of the absence of the above officers, then it may be served upon the cashier, treasurer, secretary, clerk, or agent of the corporation. In case of railroad corporations, it may be served upon any station agent or upon any person who has control of any of the business of that corporation, either as clerk, agent, or otherwise, who as agent or clerk has to report to the corporation who employs him or her. In cases of railroad corporations, a service of a copy of the summons upon the clerk or agent of any station in the county where the summons is issued shall be deemed and considered as a good and valid service. (b) In the case of a foreign railroad corporation which files its articles of incorporation with the Secretary of State, process shall be served on the agent or agents of the corporation, or upon the agent or agents of the receiver or receivers of the corporation, in the same manner that process is authorized by law to be served on railroad corporations existing under laws of this state. Service upon the agent or agents of any receiver or receivers of any such foreign railroad corporation shall be deemed and considered as good and valid service upon the corporation and upon the receivers thereof.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-58-124

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 16-58-124. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

23-63-301. Registered office and registered agent for foreign or alien insurer and domestic reciprocal insurers.

23-63-301. Registered office and registered agent for foreign or alien insurer and domestic reciprocal insurers. Each foreign insurer applying for a certificate of authority to transact business in Arkansas and every domestic reciprocal insurer must designate and continuously maintain in the state: (1) A registered office that may be the same as any of its places of business; and (2) A registered agent, who may be: (A) An individual who resides in this state and whose business office is identical with the registered office; (B) A state bank, domestic corporation, or not-for-profit corporation whose business office is identical with the registered office; or (C) A foreign corporation or foreign not-for-profit corporation authorized to transact business in this state whose business office is identical with the registered office. (3)(A) On and after January 1, 2002, all foreign and alien insurers and all domestic reciprocal insurers holding a subsisting certificate of authority upon August 13, 2001, shall be subject to the provisions of this subchapter, and no later than January 1, 2003, shall file with the Insurance Commissioner the information required in this subchapter to designate an Arkansas-registered agent. (B) In the event no registered agent has yet been selected and appointed on the commissioner's list for any foreign or alien insurer or domestic reciprocal insurer licensed by the commissioner, service may be processed through the commissioner as agent or by other methods of service provided under Arkansas law to be effective until a new registered agent has been appointed on the records of the commissioner. (4) In this subchapter licensed foreign insurers shall be deemed to include licensed alien insurers.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-63-301

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 23-63-301. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

23-65-101. Unauthorized insurance transactions prohibited.

23-65-101. Unauthorized insurance transactions prohibited. (a)(1) No person or entity in this state shall act as agent or broker for or otherwise represent or aid any insurer, health maintenance organization, multiple employer welfare arrangement, multiple employer trust, association, or any other person or entity in the solicitation, negotiation, or effectuation of insurance, inspection of risks, fixing of rates, investigation or adjustment of losses, collection of premiums, or in any other manner in the transaction of insurance with respect to subjects of insurance resident, located, or to be performed in this state if that person or entity is not authorized or licensed by the State Insurance Department for those purposes. (2)(A) No person or entity shall act as a producer, adjuster, or consultant without first obtaining appropriate licensure or registration as required by the insurance laws of this state for the transaction of insurance with respect to subjects of insurance or self-insurance resident, located, or to be performed in this state. (B) No person or entity shall act as a multiple employer trust or multiple employer welfare arrangement without first obtaining appropriate registration or licensing as required by § 23-92-101. (C) No person or entity shall act as a third-party administrator for a multiple employer trust, multiple employer welfare arrangement, collectively bargained trust, self-insurance plan, or any other plan providing accident and health insurance benefits to the citizens of this state without first obtaining appropriate registration as required by § 23-92-201 et seq. (D) Any producer who knows or has reason to know that a health plan is not licensed in accordance with the Arkansas Insurance Code shall immediately report the health

Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-65-101

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 23-65-101. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

23-65-104. Records produced on order.

23-65-104. Records produced on order. (a)(1) Every person as to whom insurance is placed with an unauthorized insurer, upon the Insurance Commissioner's order, shall produce for the commissioner's examination all policies and other documents evidencing the insurance and shall disclose to the commissioner the amount of gross premiums paid or agreed to be paid for the insurance. (2) For each refusal to obey the order, the person shall be liable to a fine of not more than one hundred dollars ($100) for each day of disobedience. (b) This section does not apply to life insurance and accident and health insurance.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-65-104

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 23-65-104. This identifies an authority to review, not proof of applicability.