95 chapters · 4,024 sections in this title.
Ark. Code Ann. § 23-85-101 Franchise plan — Definition
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(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…
Ark. Code Ann. § 23-85-102 Scope
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(1) This chapter governs accident and health insurance policies issued to individuals and members of their families. Nothing in this section and §§ 23-85-101, 23-85-103 — 23-85-134, 23-85-136, and 23-85-137 shall apply to or affect:(1) Any policy of liability or workers' compensa…
Ark. Code Ann. § 23-85-103 Third party ownership
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The word “insured” as used in this section and §§ 23-85-101, 23-85-102, and 23-85-104 — 23-85-131 shall not be construed as preventing a person other than the insured with a proper insurable interest from making application for and owning a policy covering the insured or from bei…
Ark. Code Ann. § 23-85-104 Form of policy
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(1) No policy of accident and health insurance shall be delivered or issued for delivery to any person in this state unless it otherwise complies with this code and complies with the following:(1) The entire money and other considerations for the policy shall be expressed in the …
Ark. Code Ann. § 23-85-105 Required provisions
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(a) (1) Except as provided in subsection (b) of this section, each accident and health policy delivered or issued for delivery to any person in this state shall contain the provisions specified in §§ 23-85-106 — 23-85-117 in the words in which the provisions appear.(2) However, t…
Ark. Code Ann. § 23-85-106 Entire contract and changes provision
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There shall be a provision as follows: “Entire Contract; Changes: This policy, including the endorsements and the attached papers, if any, constitutes the entire contract of insurance. No change in this policy shall be valid until approved by an executive officer of the insurer a…
Ark. Code Ann. § 23-85-107 Time limit on certain defenses provision
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(a) There shall be a provision as follows:“Time Limit on Certain Defenses: (1) After three (3) years from the date of issue of this policy, no misstatements, except fraudulent misstatements, made by the applicant in the application for such policy shall be used to void the policy…
Ark. Code Ann. § 23-85-108 Grace period provision
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(a) There shall be a provision as follows:“Grace Period: A grace period of (insert a number not less than seven (7) for weekly premium policies, ten (10) for monthly premium policies and thirty-one (31) for all other policies) days will be granted for the payment of each premium …
Ark. Code Ann. § 23-85-109 Reinstatement provision
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(a) There shall be a provision as follows:“Reinstatement: If any renewal premium is not paid within the time granted the insured for payment, a subsequent acceptance of premium by the insurer or by any agent authorized by the insurer to accept such premium, without requiring in c…
Ark. Code Ann. § 23-85-110 Notice of claim provision
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(a) There shall be a provision as follows:“Notice of Claim: Written notice of claim must be given to the insurer within twenty (20) days after the occurrence or commencement of any loss covered by the policy, or as soon thereafter as is reasonably possible. Notice given by or on …
Ark. Code Ann. § 23-85-111 Claim forms provision
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There shall be a provision as follows: “Claim Forms: The insurer, upon receipt of a notice of claim, will furnish to the claimant such forms as are usually furnished by it for filing proofs of loss. If such forms are not furnished within fifteen (15) days after the giving of such…
Ark. Code Ann. § 23-85-112 Proofs of loss provision
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There shall be a provision as follows: “Proofs of Loss: Written proof of loss must be furnished to the insurer at its said office in case of claim for loss for which this policy provides any periodic payment contingent upon continuing loss within ninety (90) days after the termin…
Ark. Code Ann. § 23-85-113 Time of payment of claims provision
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There shall be a provision as follows: “Time of Payment of Claims: Indemnities payable under this policy for any loss, other than loss for which this policy provides any periodic payment, will be paid immediately upon receipt of due written proof of such loss. Subject to due writ…
Ark. Code Ann. § 23-85-114 Payment-of-claims provision
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(a) Except as provided under subsection (c) of this section, there shall be a provision as follows:“Payment of Claims: Indemnity for loss of life will be payable in accordance with the beneficiary designation and the provisions respecting such payment which may be prescribed here…
Ark. Code Ann. § 23-85-115 Physical examination and autopsy provision
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There shall be a provision as follows: “Physical Examinations and Autopsy: The insurer at its own expense shall have the right and opportunity to examine the person of the insured when and as often as it may reasonably require during the pendency of a claim hereunder and to make …
Ark. Code Ann. § 23-85-116 Legal actions provision
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There shall be a provision as follows: “Legal Actions: No action at law or in equity shall be brought to recover on this policy prior to the expiration of sixty (60) days after written proof of loss has been furnished in accordance with the requirements of this policy. No such ac…
Ark. Code Ann. § 23-85-117 Change of beneficiary provision
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(a) There shall be a provision as follows:“Change of Beneficiary: Unless the insured makes an irrevocable designation of beneficiary, the right to change a beneficiary is reserved to the insured and the consent of the beneficiary or beneficiaries shall not be requisite to surrend…
Ark. Code Ann. § 23-85-118 Optional policy provisions
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(a) Except as provided in § 23-85-105(b), no policy delivered or issued for delivery to any person in this state shall contain provisions respecting the matters set forth in this section and §§ 23-85-119 — 23-85-126, unless the provisions are in the words in which the provisions …
Ark. Code Ann. § 23-85-119 Optional change of occupation provision
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There may be a provision as follows: “Change of Occupation: If the insured is injured or contracts sickness after having changed his occupation to one classified by the insurer as more hazardous than that stated in this policy or while doing for compensation anything pertaining t…
Ark. Code Ann. § 23-85-120 Optional misstatement of age provision
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There may be a provision as follows: “Misstatement of Age: If the age of the insured has been misstated, all amounts payable under this policy shall be such as the premium paid would have purchased at the correct age.”
Ark. Code Ann. § 23-85-121 Optional other insurance in this insurer provision
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(a) There may be a provision as follows:“Other Insurance in This Insurer: If an accident or sickness or accident and sickness policy or policies previously issued by the insurer to the insured is in force concurrently herewith, making the aggregate indemnity for (insert type of c…
Ark. Code Ann. § 23-85-122 Optional relation of earnings to insurance provision
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(a) There may be a provision as follows:“Relation of Earnings to Insurance: If the total monthly amount of loss of time benefits promised for the same loss under all valid loss of time coverage upon the insured, whether payable on a weekly or monthly basis, shall exceed the month…
Ark. Code Ann. § 23-85-123 Optional unpaid premiums provision
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There may be a provision as follows:“Unpaid Premiums: Upon the payment of a claim under this policy, any premium then due and unpaid or covered by any note or written order may be deducted therefrom.” “Unpaid Premiums: Upon the payment of a claim under this policy, any premium th…
Ark. Code Ann. § 23-85-124 Optional conformity with state statutes provision
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There may be a provision as follows:“Conformity with State Statutes: Any provision of this policy which, on its effective date, is in conflict with the statutes of the state, District of Columbia, or territory in which the insured resides on such date is amended to conform to the…
Ark. Code Ann. § 23-85-125 Optional illegal occupation provision
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There may be a provision as follows:“Illegal Occupation: The insurer shall not be liable for any loss to which a contributing cause was the insured's commission of or attempt to commit a felony or to which a contributing cause was the insured's being engaged in an illegal occupat…
Ark. Code Ann. § 23-85-126 Optional intoxicants and controlled substances provision
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There may be a provision as follows:“Intoxicants and Controlled Substances: The insurer shall not be liable for any loss sustained or contracted in consequence of the insured's being intoxicated or under the influence of any controlled substance unless administered on the advice …
Ark. Code Ann. § 23-85-127 Order of certain provisions
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The provisions which are the subject of §§ 23-85-106 — 23-85-126, or any corresponding provisions which are used in lieu thereof in accordance with the sections, shall be printed in the consecutive order of the provisions in such sections. At the option of the insurer, any such p…
Ark. Code Ann. § 23-85-128 Refusal to renew policy
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(a) Accident and health insurance policies in which the insurer reserves the right to refuse renewal on an individual basis shall provide in substance in a provision thereof, in an endorsement thereon, or rider attached thereto that, subject to the right to terminate the policy f…
Ark. Code Ann. § 23-85-129 Requirements of other jurisdictions
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(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 …
Ark. Code Ann. § 23-85-130 Conforming to statute
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(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 §…
Ark. Code Ann. § 23-85-131 Age limit — Exception
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(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 a…
Ark. Code Ann. § 23-85-132 Reduction of benefits due to other insurance contracts prohibited
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(a) A contract of individual accident and health insurance or health coverage sold, delivered, or issued for delivery or offered for sale in this state by an insurer, hospital and medical service corporation, or health maintenance organization, directly or indirectly providing in…
Ark. Code Ann. § 23-85-133 Coverage of outpatient services required — Exception — Definitions
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(a) (1) No policy or contract of accident and health insurance, including contracts issued by hospital and medical service corporations, that provides coverage for any of the following services when delivered on an inpatient basis shall be sold, delivered, or issued for delivery …
Ark. Code Ann. § 23-85-134 Refund of unearned premiums upon death of insured
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(a) Upon the death of an insured, the proceeds payable to the insured or his or her estate under the policy of individual accident and health insurance, delivered or issued for delivery in this state after June 17, 1981, shall include premiums paid for accident and health insuran…
Ark. Code Ann. § 23-85-135 [Repealed.]
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A.C.A. § 23-85-135Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved
Ark. Code Ann. § 23-85-136 Standard claim form required
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(a) All accident and health insurers transacting business in this state shall use Form HCFA 1500 and Form UB-92/HCFA 1450, or the claim format required by the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, as the standard claim forms until and u…
Ark. Code Ann. § 23-85-137 In vitro fertilization coverage required — Definitions
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(a) As used in this section:(1) (A) “Fertility awareness-based methods” means modern, evidence-based methods of tracking the menstrual cycle of a woman through observable biological signs, including without limitation:(i) Body temperature;(ii) Cervical fluid; or(iii) Hormone prod…
Ark. Code Ann. § 23-85-138 [Repealed.]
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A.C.A. § 23-85-138Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved
Ark. Code Ann. § 23-85-139 Written notice for premium payments made
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(a) No insurer issuing or renewing policies pursuant to this chapter or conversion policies issued pursuant to § 23-86-115 shall unilaterally change the premium payment mode for the policyholder or payor unless the insurer provides written notice of the effective date of the prem…
Ark. Code Ann. § 23-85-140 Nonparticipation in maintenance of licensure or maintenance of certification — Insurer prohibited from denying reimbursement or discriminating in reimbursement levels — Definitions
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(a) As used in this section:(1) “Maintenance of certification” means any process requiring periodic recertification examinations or other activities to maintain specialty medical certification; and(2) “Specialty medical board certification” means a certification by a board that:(…