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23-89-303. Grounds for cancellation.

Arkansas Code — all titles (historical 2020) · legal_authorities

23-89-303. Grounds for cancellation.

23-89-303. Grounds for cancellation. (a) A notice of cancellation of a policy shall be effective only if it is based on one (1) or more of the following reasons: (1) Nonpayment of premium; (2) The named insured or any driver of the insured vehicle shall be convicted of: (A) Driving while intoxicated; (B) Homicide or assault arising out of the use of a motor vehicle; or (C) Three (3) separate convictions of speeding or reckless driving, or any combination of the two (2) during the policy period, including three (3) months prior to the effective date of the policy; (3) The driver's license or motor vehicle registration of the named insured or of any other operator who either resides in the same household or customarily operates an automobile insured under this policy has been under suspension or revocation during the policy period or, if the policy is a renewal, during its policy period or the one hundred eighty (180) days immediately preceding its effective date; (4) Fraud or misrepresentation of a material fact, the knowledge of which would have caused the insurer to decline to issue a policy; or (5) Nonpayment of membership dues when they are a requirement in the bylaws, agreements, or other legal instruments of a company before issuance and maintenance of a policy under this subchapter. (b) This section shall not apply to any policy or coverage which has been in effect less than sixty (60) days at the time notice of cancellation is mailed or delivered by the insurer, unless it is a renewal policy. (c) This section shall not apply to nonrenewal. (d)(1) However, an insurer shall not be able to rescind bodily injury or property damage liability coverage under an insurance policy for fraud or misrepresentation with respect to any injury to a third

Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-89-303

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:23-89-303
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 378f15ba7ce8faf1d6a16cbcfcbb4e8d38ee20baf8f00906d5381b8921f9e95b

Source location: content.xml paragraph 54234

Stored source content

23-89-303. Grounds for cancellation. (a) A notice of cancellation of a policy shall be effective only if it is based on one (1) or more of the following reasons: (1) Nonpayment of premium; (2) The named insured or any driver of the insured vehicle shall be convicted of: (A) Driving while intoxicated; (B) Homicide or assault arising out of the use of a motor vehicle; or (C) Three (3) separate convictions of speeding or reckless driving, or any combination of the two (2) during the policy period, including three (3) months prior to the effective date of the policy; (3) The driver's license or motor vehicle registration of the named insured or of any other operator who either resides in the same household or customarily operates an automobile insured under this policy has been under suspension or revocation during the policy period or, if the policy is a renewal, during its policy period or the one hundred eighty (180) days immediately preceding its effective date; (4) Fraud or misrepresentation of a material fact, the knowledge of which would have caused the insurer to decline to issue a policy; or (5) Nonpayment of membership dues when they are a requirement in the bylaws, agreements, or other legal instruments of a company before issuance and maintenance of a policy under this subchapter. (b) This section shall not apply to any policy or coverage which has been in effect less than sixty (60) days at the time notice of cancellation is mailed or delivered by the insurer, unless it is a renewal policy. (c) This section shall not apply to nonrenewal. (d)(1) However, an insurer shall not be able to rescind bodily injury or property damage liability coverage under an insurance policy for fraud or misrepresentation with respect to any injury to a third party when suffered as a result of the insured's negligent operation of a motor vehicle. (2) Nothing in this subsection is intended to negate an insurer's right to rescind other coverages in the insurance policy purchased by the insured.

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