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23-80-204. Applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-80-204. Applicability.
(a) This subchapter shall apply to all policies delivered or issued for delivery in this state by any company on or after the date the forms must be approved under this subchapter.
(b) However, nothing in this subchapter shall apply to:
(1) Any policy which is a security subject to federal jurisdiction;
(2)(A) Any group policy covering a group of one thousand (1,000) or more lives at date of issue, other than a group credit life insurance policy or a group credit disability insurance policy.
(B) However, this subdivision (b)(2) shall not exempt any certificate issued pursuant to a group policy delivered or issued for delivery in this state;
(3) Any group annuity contract which serves as a funding vehicle for pension, profit-sharing, or deferred compensation plans;
(4) Any form used in connection with, as a conversion from, as an addition to, or in exchange pursuant to a contractual provision for, a policy delivered or issued for delivery on a form approved or permitted to be issued prior to the dates the forms must be approved under this subchapter; or
(5) The renewal of a policy delivered or issued for delivery prior to the dates the forms must be approved under this subchapter.
(c) No other statute of this state setting language simplification standards shall apply to any policy forms.
(d) Any non-English language policy delivered or issued for delivery in this state shall be deemed to be in compliance with § 23-80-206(a)(1) if the insurer certifies that the policy is translated from an English language policy which does comply with § 23-80-206(a)(1).
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-80-204
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:23-80-204
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: cbcaecb4ada27308506e48233e6334309346799019915fac21d6daa57f6c83ce
Source location: content.xml paragraph 48287
Stored source content
23-80-204. Applicability.
(a) This subchapter shall apply to all policies delivered or issued for delivery in this state by any company on or after the date the forms must be approved under this subchapter.
(b) However, nothing in this subchapter shall apply to:
(1) Any policy which is a security subject to federal jurisdiction;
(2)(A) Any group policy covering a group of one thousand (1,000) or more lives at date of issue, other than a group credit life insurance policy or a group credit disability insurance policy.
(B) However, this subdivision (b)(2) shall not exempt any certificate issued pursuant to a group policy delivered or issued for delivery in this state;
(3) Any group annuity contract which serves as a funding vehicle for pension, profit-sharing, or deferred compensation plans;
(4) Any form used in connection with, as a conversion from, as an addition to, or in exchange pursuant to a contractual provision for, a policy delivered or issued for delivery on a form approved or permitted to be issued prior to the dates the forms must be approved under this subchapter; or
(5) The renewal of a policy delivered or issued for delivery prior to the dates the forms must be approved under this subchapter.
(c) No other statute of this state setting language simplification standards shall apply to any policy forms.
(d) Any non-English language policy delivered or issued for delivery in this state shall be deemed to be in compliance with § 23-80-206(a)(1) if the insurer certifies that the policy is translated from an English language policy which does comply with § 23-80-206(a)(1).
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Arkansas Code — all titles (historical 2020) · legal_authorities
23-80-206. Minimum standards.
(a) In addition to any other requirements of law, no policy forms, except as stated in § 23-80-204, shall be delivered or issued for delivery in this state on or after the dates forms must be approved under this subchapter, unless:
(1) The text achieves a minimum score of forty (40) on the Flesch reading ease test or an equivalent score on any other comparable test as provided in subsection (c) of this section;
(2) It is printed, except for specification pages, schedules, and tables, in not less than 10-point type, 1-point leaded;
(3) The style, arrangement, and overall appearance of the policy give no undue prominence to any portion of the text of the policy or to any endorsements or riders; and
(4) It contains a table of contents or an index of the principal sections of the policy, if the policy has more than three thousand (3,000) words printed on three (3) or fewer pages of text, or if the policy has more than three (3) pages, regardless of the number of words.
(b)(1) For the purposes of this section, a Flesch reading ease test score shall be measured by the following method:
(A) For policy forms containing ten thousand (10,000) words or less, the entire form shall be analyzed. For policy forms containing more than ten thousand (10,000) words, the readability of two (2) two-hundred-word samples per page may be analyzed instead of the entire form. The samples shall each be separated by at least ten (10) printed lines;
(B) The number of words and sentences in the text shall be counted, and then the total number of words divided by the total number of sentences. The figure obtained shall be multiplied by a factor of 1.015;
(C) The total number of syllables shall be counted and divided by the total number of words. The fig
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-80-206
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 23-80-206. This identifies an authority to review, not proof of applicability.