Browse Arkansas Code titles and sections
23-79-303. Applicability — Exceptions.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-79-303. Applicability — Exceptions.
(a) This subchapter applies to property and casualty insurance on commercial risks in this state, except:
(1) Reinsurance;
(2) Insurance against loss of or damage to aircraft or their hulls, accessories, and equipment or against liability arising out of the ownership, maintenance, or use of aircraft;
(3) Ocean marine or foreign trade insurance;
(4) Title insurance;
(5) Surety or fidelity insurance;
(6) Credit insurance;
(7) Workers' compensation or employers' liability insurance; and
(8) Large commercial risks.
(b) Section 23-79-307(5)(A), § 23-79-311, and § 23-79-312 do not apply to medical malpractice insurance.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-79-303
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:23-79-303
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: dcd24b3881eadf65945ea2c1c2327c5cb163986a589520a4035bc4e481b8d7ce
Source location: content.xml paragraph 46577
Stored source content
23-79-303. Applicability — Exceptions.
(a) This subchapter applies to property and casualty insurance on commercial risks in this state, except:
(1) Reinsurance;
(2) Insurance against loss of or damage to aircraft or their hulls, accessories, and equipment or against liability arising out of the ownership, maintenance, or use of aircraft;
(3) Ocean marine or foreign trade insurance;
(4) Title insurance;
(5) Surety or fidelity insurance;
(6) Credit insurance;
(7) Workers' compensation or employers' liability insurance; and
(8) Large commercial risks.
(b) Section 23-79-307(5)(A), § 23-79-311, and § 23-79-312 do not apply to medical malpractice 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
23-79-307. Standards — Definition.
(a) In addition to other applicable provisions of the Arkansas Insurance Code, insurers and insurance policies subject to the provisions of this subchapter shall meet the following standards:
(1) Notice of claim given by or on behalf of the named insured to any authorized agent of the insurer with specific information to identify the insured is deemed notice of claim to the insurer;
(2) Policies may be issued for a term in excess of twelve (12) months with the premium adjustable on an annual basis if the policy contains an express provision to that effect. At least thirty (30) days' advance notice in writing of the premium to be charged on the policy anniversary date must be given to the insured and the agent of record if the insured has furnished the information necessary to calculate the premium;
(3) Forms or endorsements that reduce, restrict, or modify the original policy coverage shall be accepted and signed by the named insured if those forms or endorsements were issued:
(A) After the policy inception date but before renewal of the policy; and
(B) Not at the request of the named insured;
(4) Any policy providing an aggregate limit of liability within the schedule of limits must include a notice specifying that the policy limit is an “aggregate”. The aggregate limit provision must be clearly defined within the policy;
(5)(A) Policies containing provisions that would reduce the limit of liability available for judgments or settlements by the amount of payment made for defense cost or claim expenses shall not be approved by the Insurance Commissioner unless a separate limit for defense costs equal to one hundred percent (100%) of the annual aggregate limit of liability stated in the policy for judgments or settlement
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-79-307
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 23-79-307. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-79-311. Motor vehicle liability insurance — Extraterritorial provision.
(a)(1) Motor vehicle liability insurance applies to the amounts that the owner is legally obligated to pay as damages because of accidental bodily injury and accidental property damage arising out of the ownership or operation of a motor vehicle if the accident occurs in the United States, its possessions, or Canada.
(2) Motor vehicle liability insurance must afford limits of liability not less than those required under the financial responsibility laws of the jurisdiction of this state.
(b) If the accident occurs outside this state but in the United States, its possessions, or Canada and if the limits of liability of the financial responsibility or compulsory insurance laws of the applicable jurisdiction exceed the limits of liability of the financial responsibility laws of this state, the motor vehicle liability insurance is deemed to comply with the limits of liability of the laws of the applicable jurisdiction.
(c) For purposes of this section, “motor vehicle” is defined as provided in § 27-14-104.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-79-311
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 23-79-311. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-79-312. Motor vehicle liability insurance — Prohibition regarding step-downs.
No motor vehicle liability insurance policy issued or delivered in this state shall contain a provision that converts the limits for bodily injury or property damage to lower limits in the event that the insured motor vehicle is involved in an accident while it is being driven by a driver other than the insured.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-79-312
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 23-79-312. This identifies an authority to review, not proof of applicability.