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27-22-205. Responsibilities of insurer.
Arkansas Code — all titles (historical 2020) · legal_authorities
27-22-205. Responsibilities of insurer.
(a) An insurer shall:
(1) Operate the online insurance verification system in cooperation with the Department of Finance and Administration;
(2) Maintain the data necessary to verify insurance status through the online insurance verification system for a period to be specified by the advisory group established under § 27-22-203, allowing for the printing of renewal notices, online multiyear renewals, and renewals at all state revenue offices;
(3) Maintain the web service as required under the online insurance verification system and as specified by the advisory group;
(4) Provide data security for the type of information transferred, as required by the advisory group, that does not violate state or federal privacy laws;
(5) Be immune from civil and administrative liability for good faith efforts to comply with the terms of this subchapter;
(6) Provide an insured motor vehicle under an automobile insurance liability policy with an insurance card clearly indicating that the motor vehicle is insured under an automobile liability insurance policy in accordance with § 27-22-104; and
(7) Allow access through the online insurance verification system to verify insurance status.
(b) This section shall not prohibit an insurer from using the services of a third party vendor for facilitating the online insurance verification system required by this subchapter.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-22-205
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:27-22-205
Source file: gov.ar.code.title.27.odt
Pages: Not recorded – Not recorded
Passage SHA-256: afe92df4432633077bdde3cf4ad6a6b5a5ec4092dd0713f178dcb8285f00e80c
Source location: content.xml paragraph 9921
Stored source content
27-22-205. Responsibilities of insurer.
(a) An insurer shall:
(1) Operate the online insurance verification system in cooperation with the Department of Finance and Administration;
(2) Maintain the data necessary to verify insurance status through the online insurance verification system for a period to be specified by the advisory group established under § 27-22-203, allowing for the printing of renewal notices, online multiyear renewals, and renewals at all state revenue offices;
(3) Maintain the web service as required under the online insurance verification system and as specified by the advisory group;
(4) Provide data security for the type of information transferred, as required by the advisory group, that does not violate state or federal privacy laws;
(5) Be immune from civil and administrative liability for good faith efforts to comply with the terms of this subchapter;
(6) Provide an insured motor vehicle under an automobile insurance liability policy with an insurance card clearly indicating that the motor vehicle is insured under an automobile liability insurance policy in accordance with § 27-22-104; and
(7) Allow access through the online insurance verification system to verify insurance status.
(b) This section shall not prohibit an insurer from using the services of a third party vendor for facilitating the online insurance verification system required by this subchapter.
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Arkansas Code — all titles (historical 2020) · legal_authorities
27-22-104. Insurance required — Minimum coverage — Definitions.
(a)(1) It is unlawful for a person to operate a motor vehicle within this state unless the motor vehicle and the person's operation of the motor vehicle are each covered by:
(A) A certificate of self-insurance under § 27-19-107; or
(B) An insurance policy issued by an insurance company authorized to do business in this state.
(2)(A) There is a rebuttable presumption that the motor vehicle or its operation is uninsured if:
(i) The driver or the insured fails to present proof of current insurance coverage in the form of a proof-of-insurance card issued under § 23-89-213 at the time of the traffic stop or arrest; or
(ii) The online insurance verification system fails to show current insurance coverage for the driver or the insured.
(B)(i)(a) A proof-of-insurance card or any temporary proof of insurance issued by the insurance company that meets the requirements of § 23-89-213 may be presented in either paper form or electronic form.
(b) As used in subdivision (a)(2)(B)(i)(a) of this section, “electronic form” means the display of electronic images on a cellular phone or any other type of portable electronic device if the device has sufficient functionality and display capability to enable the user to display the information required under § 23-89-213 as clearly as a paper proof-of-insurance card or other paper temporary proof of insurance issued by the insurance company.
(ii) The presentment of proof of insurance in electronic form does not:
(a) Authorize a search of any other content of an electronic device without a search warrant or probable cause; or
(b) Expand or restrict the authority of a law enforcement officer to conduct a search or investigation.
(b) The policy shall provide
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-22-104
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 27-22-104. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
27-22-203. Online insurance verification system.
(a) The Department of Finance and Administration shall establish an advisory group consisting of representatives of the State Insurance Department, insurance companies, the Division of Arkansas State Police, and other agencies or entities to:
(1) Facilitate the implementation of the online insurance verification system;
(2) Develop a guide for insurers providing data and other information necessary for compliance along with other necessary rules;
(3) Coordinate and conduct a testing phase;
(4) Identify necessary changes during the testing phase; and
(5) Issue recommendations based on periodic reviews of the online insurance verification system.
(b) The Department of Finance and Administration shall:
(1) Cooperate with insurers in implementing the online insurance verification system;
(2) Establish the online insurance verification system framework necessary to assist insurers using multiple keys for greater matching accuracy, including without limitation:
(A) National Association of Insurance Commissioners company code numbers;
(B) Vehicle identification numbers;
(C) Policy numbers; and
(D) Other key or keys specified by the advisory group; and
(3) Be responsible for keeping the advisory group informed on implementation status.
(c) Each insurer shall cooperate with the Department of Finance and Administration in establishing the online insurance verification system.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-22-203
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 27-22-203. This identifies an authority to review, not proof of applicability.