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23-85-103. Third party ownership.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-85-103. Third party ownership.
The word “insured” as used in this section and §§ 23-85-101, 23-85-102, and 23-85-104 — 23-85-131 shall not be construed as preventing a person other than the insured with a proper insurable interest from making application for and owning a policy covering the insured or from being entitled under such a policy to any indemnities, benefits, and rights provided therein.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-85-103
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:23-85-103
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 3957f3f8f72d5cf8f3389d97ec10db2c3d008ee01447fc237c09f231f52670ae
Source location: content.xml paragraph 51203
Stored source content
23-85-103. Third party ownership.
The word “insured” as used in this section and §§ 23-85-101, 23-85-102, and 23-85-104 — 23-85-131 shall not be construed as preventing a person other than the insured with a proper insurable interest from making application for and owning a policy covering the insured or from being entitled under such a policy to any indemnities, benefits, and rights provided therein.
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Arkansas Code — all titles (historical 2020) · legal_authorities
23-85-101. Franchise plan — Definition.
(a) Accident and health insurance on a franchise plan is declared to be that form of accident and health insurance issued to:
(1) Five (5) or more employees of any corporation, copartnership, or individual employer or any governmental corporation, agency, or department thereof; or
(2) Ten (10) or more members, employees, or employees of members of any trade or professional association or of a labor union or of any other association having had an active existence for at least two (2) years when:
(A) The association or union has a constitution or bylaws and is formed in good faith for purposes other than that of obtaining insurance; and
(B) Such persons, with or without their dependents, are issued the same form of an individual policy varying only as to amounts and kinds of coverage applied for by the persons under an arrangement whereby the premiums on the policies may be paid to the insurer periodically by:
(i) The employer, with or without payroll deductions;
(ii) The association for its members; or
(iii) Some designated person acting on behalf of the employer or association or union.
(b) As used in this section, the term “employees” may be deemed to include officers, managers, and employees and retired employees of the employer and the individual proprietor or partners if the employer is an individual proprietor or partnership.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-85-101
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 23-85-101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-85-102. Scope.
This chapter governs accident and health insurance policies issued to individuals and members of their families. Nothing in this section and §§ 23-85-101, 23-85-103 — 23-85-134, 23-85-136, and 23-85-137 shall apply to or affect:
(1) Any policy of liability or workers' compensation insurance with or without supplementary expense coverage therein;
(2) Any group or blanket policy;
(3) Life insurance, endowment, or annuity contracts, or contracts supplemental thereto, that contain only such provisions relating to accident and health insurance as:
(A) Provide additional benefits in case of death, dismemberment, or loss of sight by accident; or
(B) Operate to safeguard the contracts against lapse or to give a special surrender value or special benefit or an annuity in the event that the insured or annuitant becomes totally and permanently disabled, as defined by the contract or supplemental contract; and
(4) Reinsurance.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-85-102
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 23-85-102. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-85-104. Form of policy.
No policy of accident and health insurance shall be delivered or issued for delivery to any person in this state unless it otherwise complies with this code and complies with the following:
(1) The entire money and other considerations for the policy shall be expressed in the policy;
(2) The time when the insurance takes effect and terminates shall be expressed in the policy;
(3) It shall purport to insure only one (1) person, except that a policy may insure, originally or by subsequent amendment, upon the application of an adult member of a family who shall be deemed the policyholder, any two (2) or more eligible members of that family, including husband, wife, or any other person dependent upon the policyholder;
(4)(A) The style, arrangement, and overall appearance of the policy shall give no undue prominence to any portion of the text.
(B) In printed forms, every portion of the text of the policy and of any endorsements or attached papers shall be plainly printed in light-faced type of a style in general use, the size of which shall be uniform and not less than 10-point type with a lower case unspaced alphabet length not less than one hundred twenty (120) points.
(C) The appearance of text in forms developed for electronic transmission shall comply with rules developed by the Insurance Commissioner.
(D) The text shall include all printed matter, except the name and address of the insurer, name or title of the policy, the brief description, if any, and captions and subcaptions;
(5) The exceptions and reductions of indemnity shall be set forth in the policy and, other than those contained in §§ 23-85-106 — 23-85-126 and 23-85-128, shall be printed, at the insurer's option, either included with the benefit provision to which t
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-85-104
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 23-85-104. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-85-131. Age limit — Exception.
(a) If any policy contains a provision establishing, as an age limit or otherwise, a date after which the coverage provided by the policy will not be effective and if the date falls within a period for which premium is accepted by the insurer or if the insurer accepts a premium after the date, the coverage provided by the policy will continue in force subject to any right of cancellation until the end of the period for which premium has been accepted. In the event the age of the insured has been misstated and if, according to the correct age of the insured, the coverage provided by the policy would not have become effective or would have ceased prior to the acceptance of the premium or premiums, then the liability of the insurer shall be limited to the refund, upon request, of all premiums paid for the period not covered by the policy.
(b)(1) In any accident and health insurance contract that contains a provision whereby coverage of a dependent in a family group terminates at a specified age, there shall also be a provision that coverage of an unmarried dependent who is incapable of sustaining employment by reason of intellectual and developmental disability or physical disability, who became so incapacitated prior to the attainment of nineteen (19) years of age, and who is chiefly dependent upon the policyholder for support and maintenance shall not terminate, but coverage shall continue so long as the contract remains in force and so long as the dependent remains in such condition.
(2) At the request and expense of the insurer, proof of the incapacity or dependency must be furnished to the insurer by the policyholder, except in no event shall this requirement preclude eligible dependents under this section and §§ 23-85-104, 23-8
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-85-131
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 23-85-131. This identifies an authority to review, not proof of applicability.