Title 23 — Public Utilities and Regulated Industries
95 chapters · 4,024 sections in this title.
Ark. Code Ann. § 23-88-101 Valued policy law
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(a) (1) Except as provided in subsection (b) of this section, in case of a total loss by fire or natural disaster of the property insured, a property insurance policy other than for flood and earthquake insurance shall be held and considered to be a liquidated demand against the …
Ark. Code Ann. § 23-88-102 Paying costs of volunteer fire department services
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(a) The amount charged by a volunteer fire department for the cost of its services in responding to a fire on or an emergency call concerning the property of a nonmember within its district shall not exceed an amount equal to the fair market value of the service rendered, except …
Ark. Code Ann. § 23-88-103 Rate credits or reduced rates in rural fire protection districts or areas
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(a) (1) It is found and determined by the General Assembly that:(A) Rural fire protection districts are beneficial to all property owners in the districts;(B) Many of the districts are financed wholly or in part by dues or subscription payments made by members of the district;(C)…
Ark. Code Ann. § 23-88-104 Fire protection to be considered in property insurance rating plans
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When making a rate or rule filing, an insurer shall include an impact statement concerning the filing's effect on fire protection in the affected area unless the insurer utilizes a public protection classification system maintained by a licensed advisory organization.
Ark. Code Ann. § 23-88-105 Notice required prior to expiration of property insurance policy — Definition
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(a) Except for nonpayment of premium, the insurer shall give either a written notice of nonrenewal or an offer of renewal at least thirty (30) days prior to the expiration of the policy's existing term. (b) The insurer shall send the insured a written notice and the insurance pro…
Ark. Code Ann. § 23-88-106 Expense depreciation applicable when determining value of damaged property in insurance policies — Definitions
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(a) As used in this section:(1) “Damaged property” means a damaged dwelling, a damaged structure, damaged personal property, or any other damaged property or service, the damage to which is covered under the terms of an insurance policy; and(2) “Expense depreciation” means deprec…
Ark. Code Ann. § 23-88-201 Purpose
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The purpose of this subchapter is to promote the public welfare by reducing the loss of life and fire damage to property caused by the crime of arson by requiring insurance companies to secure antiarson applications from applicants for new policies of property insurance containin…
Ark. Code Ann. § 23-88-202 Definition
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As used in this subchapter, “antiarson application” means any application for insurance covering the peril of fire that includes certain questions which shall be answered by the applicant in addition to the basic information normally supplied to an insurer by an applicant.
Ark. Code Ann. § 23-88-203 Issuance of policy or renewal of contract prior to July 4, 1983
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(a) “Insurance policy” and “contract” shall not be construed to mean a property insurance policy issued prior to July 4, 1983, or contract that is being renewed. (b) However, assignment of the insurance policy or contract because of the transfer of a major financial interest in t…
Ark. Code Ann. § 23-88-204 Penalty
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Any insurer willfully violating the provisions of this subchapter shall be subject to a fine imposed by the Insurance Commissioner of not more than five hundred dollars ($500).
Ark. Code Ann. § 23-88-205 Promulgation of form by Insurance Commissioner
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(a) In promulgating the antiarson application form, the Insurance Commissioner shall consider generally recognized two-tier application forms. If the initial first-tier application elicits certain predesignated answers, then the administration of a second-tier supplementary appli…
Ark. Code Ann. § 23-88-206 Mandatory use
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(a) The use of the antiarson application shall be mandatory for commercial monoline fire policies, designated occupancies, and designated areas of the state, based upon a finding by the Insurance Commissioner, after a public hearing, that the commercial monoline fire policies, th…
Ark. Code Ann. § 23-88-207 Requirement to enter into insurance contract
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(a) No insurer may enter into a contract to insure any building, except one (1) to four (4) family owner-occupied dwellings, against the peril of fire to be issued after July 4, 1983, unless the insurer first receives an antiarson application signed and affirmed by the insured, i…
Ark. Code Ann. § 23-88-208 Notification of change in information
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(a) Policyholders shall notify their insurer of any change in the information contained in the antiarson application, within a period of time to be specified. (b) A material failure to notify or a material misrepresentation in the notification shall be deemed grounds to rescind t…
Ark. Code Ann. § 23-88-209 Alternative applications
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(a) The Insurance Commissioner may not mandate the use of any applications other than the antiarson application as defined in § 23-88-202. However, the commissioner may mandate alternative antiarson applications pursuant to a finding after a public hearing that:(1) There exist ce…
Ark. Code Ann. § 23-88-210 Termination of policies or contracts
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(a) Despite any other provision of law which limits the time for termination of insurance policies to the contrary, an insurer may terminate any policy or contract of insurance when the antiarson application or any alternative antiarson application, as provided in § 23-88-209, is…
Ark. Code Ann. § 23-88-301 Legislative intent
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It is declared by the General Assembly of the State of Arkansas that adequate insurance upon property in the rural areas is necessary to the economic welfare of the state and that while the need for such insurance is increasing, the market for it is not adequate and may become le…
Ark. Code Ann. § 23-88-302 Definitions
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(1) As used in this subchapter:(1) “Association” means the Arkansas Rural Risk Underwriting Association established pursuant to the provisions of this subchapter;(2) “Commissioner” means the Insurance Commissioner;(3) “Insurer” means any person who:(A) Writes any kind of insuranc…
Ark. Code Ann. § 23-88-303 Arkansas Rural Risk Underwriting Association — Plan of property insurance
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(a) (1) All insurers licensed to transact property insurance, as defined in § 23-62-104, shall become members of the Arkansas Rural Risk Underwriting Association.(2) For the purposes of this section, farmers' mutual aid associations or companies are insurers and are subject to th…
Ark. Code Ann. § 23-88-304 Governing board
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(1) For the plan or plans there shall be a governing board of seven (7) members to be appointed by the Insurance Commissioner, which shall meet at least annually to review and prescribe operating rules and which shall consist of the following members:(1) Four (4) members shall be…
Ark. Code Ann. § 23-88-305 Promulgation and approval of plan — Hearing
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(a) Within sixty (60) days following June 26, 1985, the governing board shall submit the plan to the Insurance Commissioner for his or her approval. (b) When the plan has been approved by the commissioner, all insurance companies authorized to transact the kinds of insurance set …
Ark. Code Ann. § 23-88-307 Liability of insurer
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It being the intention of this subchapter to provide an adequate market for the property insurance coverages defined in this subchapter, no insurer participating in this plan shall be liable for any damages which may result from any extra-contractual liability or for any act or o…
Ark. Code Ann. § 23-88-308 Commissioner's powers and duties
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(a) In addition to approving the plan of operation, the Insurance Commissioner shall have the authority to promulgate rules necessary to effect the purpose of this subchapter. (b) Further, after review of annual statements, other reports, and any other statistics which the commis…
Ark. Code Ann. § 23-88-309 Appeals
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Any applicant for a policy, any persons insured under the plan, and any agency or insurer affected by the plan may appeal to the Insurance Commissioner any ruling or decision of the governing board or the authorized representative designated to operate a plan.
Ark. Code Ann. § 23-88-401 Title
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This subchapter may be referred to as the “Fire Loss Reporting Act of 2003”.
Ark. Code Ann. § 23-88-404 Notice regarding fire protection
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(a) In an effort to educate policyholders of the benefits of fire protection, every insurance company shall include in the premium notice to policyholders the following notice:Click here to view form. Click here to view form. (b) The notice prescribed by subsection (a) of this se…
Ark. Code Ann. § 23-88-405 Rules
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The Insurance Commissioner may adopt reasonable rules to enforce the provisions of this subchapter.
Ark. Code Ann. § 23-88-502 Licensure of vendors
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(a) A vendor is required to hold a limited lines license to sell or offer coverage under a portable electronics insurance policy. (b) A limited lines license issued under this subchapter shall authorize an employee or authorized representative of the licensee to sell or offer cov…
Ark. Code Ann. § 23-88-503 Requirements for sale of portable electronics insurance
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(a) At a location where portable electronics insurance coverage is offered to customers, a prospective customer shall receive written disclosure that states:(1) Portable electronics insurance may provide duplication of coverage provided by a customer's homeowner's insurance polic…
Ark. Code Ann. § 23-88-504 Authority of vendors to sell or offer portable electronics insurance
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(a) (1) Employees and authorized representatives of vendors may sell or offer portable electronics insurance to customers without a license as an insurance producer if:(A) The vendor obtains a limited lines license; and(B) (i) The insurer issuing the portable electronics insuranc…
Ark. Code Ann. § 23-88-505 Suspension or revocation of license
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(1) If a vendor, its employee, or its authorized representative violates a provision of this subchapter, the Insurance Commissioner may after notice and a hearing impose on the vendor:(1) Fines not to exceed five hundred dollars ($500) per violation or five thousand dollars ($5,0…
Ark. Code Ann. § 23-88-506 Termination of portable electronics insurance
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(a) Notwithstanding any other law:(1) An insurer may terminate or otherwise change the terms and conditions of a portable electronics insurance policy only if the policyholder and enrolled customer are provided with at least thirty (30) days' notice; and(2) If the insurer changes…
Ark. Code Ann. § 23-88-507 Application for license and fees
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(a) (1) An application for licensure under this subchapter shall be made to and filed with the Insurance Commissioner on forms prescribed and furnished by the State Insurance Department.(2) The application for licensure under this subchapter shall:(A) (i) Provide the name, reside…
Ark. Code Ann. § 23-88-601 Title. [Effective January 1, 2026.]
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This subchapter shall be known and may be cited as the “Strengthen Arkansas Homes Program Act”.
Ark. Code Ann. § 23-88-602 Definitions. [Effective January 1, 2026.]
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(1) As used in this subchapter:(1) “Certificate of compliance” means a certificate of compliance with the most recent version of an applicable FORTIFIED Home construction standard from the Insurance Institute for Business & Home Safety or a successor entity;(2) “Construct” means …
Ark. Code Ann. § 23-88-603 Strengthen Arkansas Homes Program. [Effective January 1, 2026.]
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(a) There is established within the State Insurance Department the Strengthen Arkansas Homes Program. (b) The program is created to provide financial grants to real property owners and nonprofit organizations to assist and promote the mitigation of losses to insurable dwellings d…
Ark. Code Ann. § 23-88-604 Eligibility. [Effective January 1, 2026.]
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(a) (1) The owner of an insurable dwelling may apply for a grant under the Strengthen Arkansas Homes Program if the owner of an insurable dwelling meets the eligibility requirements as stated by the State Insurance Department for each grant type, either FORTIFIED Roof or FORTIFIE…
Ark. Code Ann. § 23-88-605 Contractor requirements. [Effective January 1, 2026.]
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(a) Under the Strengthen Arkansas Homes Program, the owner of an insurable dwelling shall hire a contractor certified by the Insurance Institute for Business & Home Safety who can perform work that satisfies the standards under this subchapter and the rules adopted by the Insuran…
Ark. Code Ann. § 23-88-606 Evaluator requirements. [Effective January 1, 2026.]
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(a) To be eligible to work on a project funded by the Strengthen Arkansas Homes Program as an evaluator, an evaluator shall:(1) Meet the program requirements under subsection (b) of this section; and(2) Maintain a current copy of all applicable certificates, licenses, and proof o…
Ark. Code Ann. § 23-88-607 Premium discount. [Effective January 1, 2026.]
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(a) An insurance company that writes property insurance for wind or hail coverage of any property located in this state that has been certified compliant with the most recent version of any applicable FORTIFIED Home construction standards published by the Insurance Institute for …
Ark. Code Ann. § 23-88-608 Policy endorsement for roof loss or repairs. [Effective January 1, 2026.]
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(1) An insurance company writing property insurance for personal risks that provides coverage of a single-family dwelling located in this state that is a non-FORTIFIED dwelling shall offer an optional rider, endorsement, or supplemental policy provision that provides the insured …
Ark. Code Ann. § 23-88-609 Insurer requirements. [Effective January 1, 2026.]
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(1) A property insurer subject to §§ 23-88-607 and 23-88-608 shall:(1) Make any filings required under §§ 23-88-607 and 23-88-608;(2) Comply with any other regulatory requirements required under § 23-67-201 et seq.; and(3) Comply with any other laws that are necessary to ensure t…
Ark. Code Ann. § 23-88-610 Rules. [Effective January 1, 2026.]
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(a) The Insurance Commissioner shall promulgate rules to implement and administer this subchapter. (b) The rules promulgated under subsection (a) of this section shall include eligibility requirements necessary for the proper administration of this subchapter and eligibility requ…