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23-85-130. Conforming to statute.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-85-130. Conforming to statute.
(a) No policy provision which is not subject to this section and §§ 23-85-101 — 23-85-129 and 23-85-131 shall make a policy, or any portion thereof, less favorable in any respect to the insured or the beneficiary than the provisions thereof which are subject to this section and §§ 23-85-101 — 23-85-129 and 23-85-131.
(b)(1) A policy delivered or issued for delivery to any person in this state in violation of this section and §§ 23-85-101 — 23-85-129 and 23-85-131 shall be held valid but shall be construed as provided in this section and §§ 23-85-101 — 23-85-129 and 23-85-131.
(2) When any provision in a policy subject to this section and §§ 23-85-101 — 23-85-129 and 23-85-131 is in conflict with any provision of this section and §§ 23-85-101 — 23-85-129 and 23-85-131, the rights, duties, and obligations of the insurer, the insured, and the beneficiary shall be governed by the provisions of this section and §§ 23-85-101 — 23-85-129 and 23-85-131.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-85-130
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:23-85-130
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 746e3cb2d1f66d2a57d26e7e1c13aac1c10cbc1e9ad3f0a32dbb9aab04e2ff0d
Source location: content.xml paragraph 51421
Stored source content
23-85-130. Conforming to statute.
(a) No policy provision which is not subject to this section and §§ 23-85-101 — 23-85-129 and 23-85-131 shall make a policy, or any portion thereof, less favorable in any respect to the insured or the beneficiary than the provisions thereof which are subject to this section and §§ 23-85-101 — 23-85-129 and 23-85-131.
(b)(1) A policy delivered or issued for delivery to any person in this state in violation of this section and §§ 23-85-101 — 23-85-129 and 23-85-131 shall be held valid but shall be construed as provided in this section and §§ 23-85-101 — 23-85-129 and 23-85-131.
(2) When any provision in a policy subject to this section and §§ 23-85-101 — 23-85-129 and 23-85-131 is in conflict with any provision of this section and §§ 23-85-101 — 23-85-129 and 23-85-131, the rights, duties, and obligations of the insurer, the insured, and the beneficiary shall be governed by the provisions of this section and §§ 23-85-101 — 23-85-129 and 23-85-131.
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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
23-85-129. Requirements of other jurisdictions.
(a) Any policy of a foreign or alien insurer, when delivered or issued for delivery to any person in this state, may contain any provision which is not less favorable to the insured or the beneficiary than the provisions of this chapter and which is prescribed or required by the law of the state or country under which the insurer is organized.
(b) When issued for delivery in any other state or country, any policy of a domestic insurer may contain any provision permitted or required by the laws of the other state or country.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-85-129
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 23-85-129. 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.