Title 23 — Public Utilities and Regulated Industries

(a) (1) No person or entity in this state shall act as agent or broker for or otherwise represent or aid any insurer, health maintenance organization, multiple employer welfare arrangement, multiple employer trust, association, or any other person or entity in the solicitation, n…

As to transactions not permitted under § 23-63-201, no unauthorized insurer shall institute or file, or cause to be instituted or filed, any suit, action, or proceeding in this state to enforce any right, claim, or demand arising out of any insurance transaction in this state unt…

(a) (1) An insured or self-insured whose home state is this state who directly procures, causes to be procured, continues, or renews insurance in an unauthorized insurer, including surplus lines insurance when procured without use of a surplus lines broker pursuant to the insuran…

(a) (1) Every person as to whom insurance is placed with an unauthorized insurer, upon the Insurance Commissioner's order, shall produce for the commissioner's examination all policies and other documents evidencing the insurance and shall disclose to the commissioner the amount …

A.C.A. § 23-65-105Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

(a) This subchapter constitutes and may be cited as the “Unauthorized Insurers Process Act”. (b) This subchapter shall be so interpreted as to effectuate its general purpose to make uniform the law of those states which enact it.

Delivery, effectuation, or solicitation of any insurance contract, by mail or otherwise, within this state by an unauthorized insurer, or the performance within this state of any other service or transaction connected with such insurance by or on behalf of the insurer, shall be d…

(a) Service of process upon any such insurer pursuant to § 23-65-202 shall be made by delivering to and leaving with the Insurance Commissioner or some person in apparent charge of his or her office two (2) copies thereof and the payment to him or her of such fees as may be presc…

(1) Sections 23-65-202, 23-65-203, and 23-65-205 shall not apply to surplus line insurance lawfully effectuated under this chapter, or to reinsurance, nor to any action or proceeding against an unauthorized insurer arising out of:(1) Wet marine and foreign trade insurance;(2) Ins…

(a) Before an unauthorized insurer shall file or cause to be filed any pleading in any action or proceeding instituted against it under §§ 23-65-202 and 23-65-203, the insurer shall:(1) Procure a certificate of authority to transact insurance in this state; or(2) Deposit with the…

This subchapter shall be known and may be cited as the “Surplus Lines Insurance Law”.

(1) This subchapter does not apply to reinsurance or to the following types of insurance when placed by licensed agents or brokers of this state:(1) Wet marine and foreign trade insurance;(2) Insurance on subjects that are:(A) Located, resident, or to be performed outside this st…

(a) The permission granted in this law to place any insurance in a nonadmitted insurer shall not be deemed or construed to authorize that insurer to otherwise transact an insurance business in this state. Further, this limited permission shall not be deemed or construed so as to …

(1) As used in this subchapter:(1) “Affiliated group” means a group of entities in which each entity, with respect to an insured, controls, is controlled by, or is under common control with the insured;(2) “Alien insurer” means an insurance company incorporated or formed under th…

(a) If certain insurance coverages cannot be procured from authorized insurers, coverage designated “surplus lines” may be procured from unauthorized insurers subject to the following conditions:(1) The insurance shall be procured through a licensed surplus lines broker;(2) If th…

(a) At the time of the procuring of surplus lines insurance in this state, when this state is considered the home state of the insured, the surplus lines broker shall file a report with the Insurance Commissioner within sixty (60) days following the end of the calendar quarter st…

An insurance contract procured on behalf of an insured whose home state is this state and delivered as surplus lines coverage under this subchapter shall be initiated by or bear the name of the surplus lines broker who procured it and shall contain a conspicuous statement substan…

(a) If an insured's home state is this state, a person shall not procure a contract of surplus lines insurance with a nonadmitted insurer unless the insurer possesses a current surplus lines broker's license issued by the Insurance Commissioner. (b) A person, while licensed as a …

A licensed surplus lines broker may accept and place surplus lines business for an insurance agent or broker licensed in this state for the kind and class of insurance involved and may compensate the agent or broker therefor.

(a) A surplus lines broker shall place surplus lines insurance only with insurers that have been approved by the Insurance Commissioner. (b) (1) The commissioner may maintain a list of approved foreign and alien surplus lines insurers in addition to those alien insurers maintaini…

(a) (1) Upon placing a surplus lines coverage, the surplus lines broker shall promptly issue and deliver to the insured evidence of the insurance, consisting either of the policy as issued by the insurer or the surplus lines broker's certificate if the policy is not available.(2)…

(a) (1) If a surplus lines risk has been assumed by an unauthorized insurer under this subchapter and the premium has been received by the surplus lines broker who placed the insurance, the insurer shall be deemed to have received the premium due to it for the coverage.(2) The in…

(a) Each surplus lines broker shall keep in his or her office a full and true record of each of his or her surplus lines contracts procured within this state where this state is the home state of the insured, including a copy of the daily report, if any, and showing the following…

(a) On or before March 1, June 1, September 1, and December 1 of each year, a surplus lines broker shall file with the Insurance Commissioner a statement for the preceding period of the surplus lines insurance transactions of an insured whose home state is the State of Arkansas. …

(a) Except as otherwise provided in this section, no later than sixty (60) days following the end of the calendar quarter in which surplus lines insurance was procured, the surplus lines broker shall remit to the Treasurer of State through the Insurance Commissioner a tax of four…

(a) (1) If a surplus lines broker fails to file his or her quarterly statement by the due dates in § 23-65-314, he or she shall be liable for a fine of fifty dollars ($50.00) for each day of delinquency commencing with the due date.(2) The Insurance Commissioner may grant a reaso…

(a) The Insurance Commissioner shall revoke a surplus lines broker's license:(1) If the surplus lines broker fails to file his or her quarterly statement or fails to remit the tax as required by law;(2) If the surplus lines broker fails to maintain an office, keep records, or all…

(a) When this state is the home state of the insured, an unauthorized insurer may be sued upon any cause of action arising in this state under any contract issued by it as a surplus lines contract, or certificate thereof issued by the surplus lines broker, under the procedure pro…

(a) The Insurance Commissioner may remove an approved surplus lines insurer if the commissioner has reason to believe that the surplus lines insurer:(1) Is in unsound financial condition;(2) Is no longer eligible under § 23-65-310;(3) Has willfully violated the laws of this state…

(a) A domestic insurer possessing policyholder surplus of at least twenty million dollars ($20,000,000) may be:(1) Designated as a domestic surplus lines insurer with the written approval of the Insurance Commissioner; and(2) Allowed to write surplus lines insurance in any jurisd…

(a) The Insurance Commissioner may enter into written multistate agreements or compacts with other state jurisdictions on behalf of the State of Arkansas to provide for cooperation and assistance among member jurisdictions in the administration and collection of taxes imposed on …

On and after July 21, 2011, the effective date of the Nonadmitted and Reinsurance Reform Act of 2010, Pub. L. No. 111-203, in the event of a conflict, the terms of a multistate agreement or compact shall prevail over conflicting state law.

(1) A multistate agreement or compact entered into by the Insurance Commissioner shall be:(1) Considered by the Senate Committee on Insurance and Commerce and the House Committee on Insurance and Commerce; and(2) Reviewed and approved by the Legislative Council. (1) Considered by…