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23-89-305. Notice required before renewal or nonrenewal — Inapplicability to commercial policies.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-89-305. Notice required before renewal or nonrenewal — Inapplicability to commercial policies.
(a)(1) Except as provided in subsection (e) of this section, the insurer shall give either a written notice of nonrenewal or an offer of renewal at least thirty (30) days before the expiration of the policy's existing term.
(2)(A) The insurer shall send the insured a written notice and the insurance producer written or electronic notice of the offer of renewal under subdivision (a)(1) of this section.
(B) The notice required under subdivision (a)(2)(A) of this section shall:
(i) State the new premium for the renewal policy; and
(ii) Provide a description of any change in deductible or policy provisions in the renewal policy.
(b)(1) This section does not apply in case of nonpayment of premium.
(2) However, notwithstanding the failure of an insurer to comply with this section, the policy shall terminate on the effective date of any other insurance policy with respect to any automobile designated in both policies.
(c) Unless a statement of the grounds for nonrenewal accompanies or is included in the notice of nonrenewal, the notice of nonrenewal shall state or be accompanied by a statement that the insurer shall specify the grounds for the nonrenewal upon written request of the named insured if the request is mailed or delivered to the insurer not less than fifteen (15) days before the effective date of the nonrenewal.
(d) Renewal of a policy does not constitute a waiver or estoppel with respect to grounds for cancellation that existed before the effective date of the renewal.
(e) This section does not apply to the sixty-day notice requirement for the renewal or nonrenewal of a commercial policy governed by § 23-79-307(7).
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-89-305
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:23-89-305
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 79e8ae4705d39a458c548ea0ebcfceaf8df432188b1295f09ef16bcd4163523f
Source location: content.xml paragraph 54309
Stored source content
23-89-305. Notice required before renewal or nonrenewal — Inapplicability to commercial policies.
(a)(1) Except as provided in subsection (e) of this section, the insurer shall give either a written notice of nonrenewal or an offer of renewal at least thirty (30) days before the expiration of the policy's existing term.
(2)(A) The insurer shall send the insured a written notice and the insurance producer written or electronic notice of the offer of renewal under subdivision (a)(1) of this section.
(B) The notice required under subdivision (a)(2)(A) of this section shall:
(i) State the new premium for the renewal policy; and
(ii) Provide a description of any change in deductible or policy provisions in the renewal policy.
(b)(1) This section does not apply in case of nonpayment of premium.
(2) However, notwithstanding the failure of an insurer to comply with this section, the policy shall terminate on the effective date of any other insurance policy with respect to any automobile designated in both policies.
(c) Unless a statement of the grounds for nonrenewal accompanies or is included in the notice of nonrenewal, the notice of nonrenewal shall state or be accompanied by a statement that the insurer shall specify the grounds for the nonrenewal upon written request of the named insured if the request is mailed or delivered to the insurer not less than fifteen (15) days before the effective date of the nonrenewal.
(d) Renewal of a policy does not constitute a waiver or estoppel with respect to grounds for cancellation that existed before the effective date of the renewal.
(e) This section does not apply to the sixty-day notice requirement for the renewal or nonrenewal of a commercial policy governed by § 23-79-307(7).
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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.