Title 23 — Public Utilities and Regulated Industries
95 chapters · 4,024 sections in this title.
Ark. Code Ann. § 23-89-101 Subrogation of injured person to right of insured
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(a) Any policy of insurance issued or delivered in this state indemnifying any person against any actual money loss sustained by the person for damages inflicted upon the property or person of another shall contain a provision that the injured person, or his or her personal repre…
Ark. Code Ann. § 23-89-102 Insolvency of insured does not release liability insurer
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(a) No policy of insurance against loss or damage resulting from accident to or injury suffered by an employee or other person and for which the person insured is liable or against loss or damage to property caused by horses or by any vehicles drawn, propelled, or operated by any…
Ark. Code Ann. § 23-89-201 Broader-than-minimum benefits not prohibited
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Nothing contained in this subchapter shall be construed to prevent an insurer from providing broader benefits than the minimum benefits enumerated in § 23-89-202.
Ark. Code Ann. § 23-89-202 Required first party coverage
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(1) Medical and Hospital Benefits. Every automobile liability insurance policy covering any private passenger motor vehicle issued or delivered in this state shall provide minimum medical and hospital benefits, income disability, and accidental death benefits under policy provisi…
Ark. Code Ann. § 23-89-203 Rejection of coverage
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(a) The named insured shall have the right to reject in writing all or any one (1) or more of the coverages enumerated in § 23-89-202. (b) After a named insured or applicant for insurance rejects this coverage, the insurer or any of its affiliates shall not be required to notify …
Ark. Code Ann. § 23-89-204 Coverage for passengers and persons struck by insured vehicle
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(a) The coverages provided in § 23-89-202 shall apply only to occupants of the insured vehicle and to persons struck by the insured vehicle, including pedestrians, bicyclists, motorcyclists, persons in a horse-drawn wagon or cart, and persons riding on an animal, and to none othe…
Ark. Code Ann. § 23-89-205 Exclusion of benefits
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(1) An insurer may exclude benefits to any insured, or to his or her personal representative, under a policy required by § 23-89-202, when the insured's conduct contributed to the injury he or she sustained in any of the following ways:(1) Causing injury to himself or herself int…
Ark. Code Ann. § 23-89-206 Retention of tort liability
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Tort liability arising from the ownership, maintenance, or use of a motor vehicle within this state is retained.
Ark. Code Ann. § 23-89-207 Insurer's right of reimbursement
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(a) Whenever a recipient of benefits under § 23-89-202(1) and (2) recovers in tort for injury, either by settlement or judgment, the insurer paying the benefits has a right of reimbursement and credit out of the tort recovery or settlement, less the cost of collection, as defined…
Ark. Code Ann. § 23-89-208 Payments
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(a) Payment under the coverages enumerated in § 23-89-202(1) and (2) shall be made on a monthly basis as benefits accrue. (b) Benefits for any period are overdue if not paid within thirty (30) days after the insurer received reasonable proof of the amount of all benefits accruing…
Ark. Code Ann. § 23-89-209 Underinsured motorist coverage
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(a) (1) No private passenger automobile liability insurance covering liability arising out of the ownership, maintenance, or use of any motor vehicles in this state shall be delivered or issued in this state or issued as to any private passenger automobile principally garaged in …
Ark. Code Ann. § 23-89-210 Premium reduction for college graduates
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(a) Any schedule of rates or rating plan for automobile liability and physical damage insurance submitted to or filed with the Insurance Commissioner shall provide for an appropriate reduction in premium charges for those insured under twenty-five (25) years of age who have gradu…
Ark. Code Ann. § 23-89-211 Total loss settlements
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(a) If an insurer settles a claim for damages to an automobile as a total loss to its own insured or a person having a claim against its insured, the insurer shall include with the payment for the loss:(1) All applicable taxes, including sales taxes and fees as required under Rul…
Ark. Code Ann. § 23-89-212 Motor vehicle liability insurance — Extraterritorial provision
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(a) (1) Motor vehicle liability insurance applies to the amounts which the owner is legally obligated to pay as damages because of accidental bodily injury and accidental property damage arising out of the ownership or operation of a motor vehicle if the accident occurs in the Un…
Ark. Code Ann. § 23-89-213 Proof of insurance
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(a) All insurance companies authorized to do business in this state and issuing automobile liability insurance policies in this state shall furnish to the insured a proof-of-insurance card. (b) The proof-of-insurance card or any temporary proof of insurance issued by the insuranc…
Ark. Code Ann. § 23-89-214 Motor vehicle liability insurance — Prohibition regarding step-downs
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No motor vehicle liability insurance policy issued or delivered in this state shall contain a provision that converts the limits for bodily injury or property damage to lower limits in the event that the insured motor vehicle is involved in an accident while it is being driven by…
Ark. Code Ann. § 23-89-215 Priority of primary motor vehicle liability insurance coverage
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(1) The liability insurance policy covering a motor vehicle is primary when the motor vehicle is driven by:(1) An insured; or(2) Any other person:(A) Not excluded from coverage under the policy;(B) With the permission of an insured; and(C) When the use of the motor vehicle is wit…
Ark. Code Ann. § 23-89-216 Notice concerning use of insurance proceeds
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(a) When making payment to a third party on a claim under a motor vehicle insurance policy for damage to a motor vehicle, a motor vehicle liability insurer shall provide a written notice to the third-party claimant in substantially the following form: “Failure to use the insuranc…
Ark. Code Ann. § 23-89-217 Insurance coverage for peer-to-peer car-sharing programs — Scope — Definitions
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(a) As used in this section:(1) “Car-sharing delivery period” means the period of time during which a shared vehicle is being delivered to the location designated in a peer-to-peer car-sharing program agreement of the car-sharing start time, if applicable, as documented by a peer…
Ark. Code Ann. § 23-89-301 Definitions
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(1) As used in this subchapter:(1) “Automobile collision coverage” includes all coverage of loss or damage to an automobile insured under the policy resulting from collision or upset;(2) “Automobile liability coverage” includes only coverage of bodily injury and property damage l…
Ark. Code Ann. § 23-89-302 Consideration of railroad accident prohibited
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No automobile insurer shall use a railroad accident occurring while the insured engineer, conductor, fireman, or brakeman was performing his or her duties as an engineer, conductor, fireman, or brakeman of a railroad in determining the rates or cancelling the automobile liability…
Ark. Code Ann. § 23-89-303 Grounds for cancellation
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(a) A notice of cancellation of a policy shall be effective only if it is based on one (1) or more of the following reasons:(1) Nonpayment of premium;(2) The named insured or any driver of the insured vehicle shall be convicted of:(A) Driving while intoxicated;(B) Homicide or ass…
Ark. Code Ann. § 23-89-304 Time for notice of cancellation
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(a) (1) No notice of cancellation of a policy to which § 23-89-303 applies and no notice of cancellation of a policy which has been in effect less than sixty (60) days at the time notice of cancellation is mailed or delivered shall be effective unless mailed or delivered by the i…
Ark. Code Ann. § 23-89-305 Notice required before renewal or nonrenewal — Inapplicability to commercial policies
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(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 not…
Ark. Code Ann. § 23-89-306 Proof of mailing of notices
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Proof of mailing of notice of cancellation, or of intention not to renew, or of grounds for cancellation to the named insured at the address shown in the policy shall be sufficient proof of notice.
Ark. Code Ann. § 23-89-307 Eligibility for automobile liability assigned risk plan
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(a) When a policy of automobile liability insurance is cancelled, other than for nonpayment of premium, or in the event of failure to renew a policy of automobile liability insurance to which § 23-89-305 applies, the insurer shall notify the named insured of his or her possible e…
Ark. Code Ann. § 23-89-308 Nonliability of commissioner and insurer
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There shall be no liability on the part of and no cause of action of any nature shall arise against the Insurance Commissioner or against any insurer, its authorized representative, its agents, its employees, or any firm, person, or corporation furnishing to the insurer informati…
Ark. Code Ann. § 23-89-401 Definition
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For the purposes of automobile liability insurance, covering liability arising out of the ownership, maintenance, or use of any motor vehicle registered or principally garaged in this state, unless the context otherwise requires, “uninsured motor vehicle” shall be deemed to inclu…
Ark. Code Ann. § 23-89-402 Applicability of insurer's insolvency protection
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(a) An insurer's insolvency protection shall be applicable only to accidents occurring during a policy period in which its insured's uninsured motorist coverage is in effect when the liability insurer of the tortfeasor becomes insolvent within one (1) year after an accident. (b) …
Ark. Code Ann. § 23-89-403 Bodily injury coverage required
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(a) (1) No automobile liability insurance covering liability arising out of the ownership, maintenance, or use of any motor vehicle shall be delivered or issued for delivery in this state with respect to any motor vehicle registered or principally garaged in this state unless cov…
Ark. Code Ann. § 23-89-404 Uninsured motorist property damage coverage
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(a) Every insured purchasing uninsured motorist bodily injury coverage shall be provided an opportunity to include uninsured motorist property damage coverage, subject to provisions filed with and approved by the Insurance Commissioner, applicable to losses in excess of two hundr…
Ark. Code Ann. § 23-89-405 Subrogation of insurer making payment
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In the event of payment to any person under the coverage required by this subchapter and subject to the terms and conditions of the coverage, the insurer making the payment shall, to the extent thereof, be entitled to the proceeds of any settlement or judgment resulting from the …
Ark. Code Ann. § 23-89-501 Title
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This subchapter shall be known and may be cited as the “Amusement Ride and Amusement Attraction Safety Insurance Act”.
Ark. Code Ann. § 23-89-502 Definitions
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(1) As used in this subchapter:(1) (A) “Amusement attraction” means any building or structure around, over, and through which persons may be moved by vehicle or mechanically driven device integral to the building or structure, and which provides amusement, pleasure, thrills, or e…
Ark. Code Ann. § 23-89-503 Exemptions
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(1) The following amusement rides or amusement attractions are exempt from the provisions of this subchapter:(1) Nonmechanized playground equipment, including, but not limited to, swings, seesaws, stationary spring-mounted animal features, rider-propelled merry-go-rounds, climber…
Ark. Code Ann. § 23-89-504 Safety inspection and insurance required — Enforcement — Violations
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(a) It is unlawful for any person or entity to operate an amusement attraction or amusement ride unless the person or entity maintains liability insurance in the minimum amount required by this subchapter at all times during the operation of the amusement attraction or amusement …
Ark. Code Ann. § 23-89-505 Safety inspections, notice, and insurance required
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(a) Any person or entity desiring to operate any amusement attraction or amusement ride in this state, other than those specifically exempted in this subchapter, shall as a condition thereof obtain a safety inspection report issued by the owner or operator's liability insurer or …
Ark. Code Ann. § 23-89-506 Inspections and fees
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(a) (1) The Secretary of the Department of Labor and Licensing or his or her designee is authorized to inspect each person or entity to ensure compliance with this subchapter.(2) Two (2) times per calendar year, the secretary or his or her designee shall inspect all permanently p…
Ark. Code Ann. § 23-89-507 Inspection by insurance company — Change in coverage
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(a) (1) Except as provided in subdivision (a)(3) of this section, an insurance company insuring an operator of an amusement attraction or amusement ride as required in this subchapter shall inspect the amusement attraction or amusement ride of the insured for safety at least one …
Ark. Code Ann. § 23-89-508 Rules
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The Secretary of the Department of Labor and Licensing or his or her designee is authorized to adopt appropriate rules to carry out the intent and purposes of this subchapter and to assure its efficient and effective enforcement.
Ark. Code Ann. § 23-89-509 Cease and desist orders — Notice required
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(a) (1) Upon issuance of cease and desist orders pursuant to § 23-89-504 or § 23-89-507, the Secretary of the Department of Labor and Licensing or his or her designee shall promptly transmit his or her order to the Director of the Division of Arkansas State Police.(2) Whenever po…
Ark. Code Ann. § 23-89-510 Accidents — Reporting injuries or death — Investigations
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(a) Any mechanical, structural, or electrical defects directly affecting patron safety for which an amusement ride is closed to patron use for a period of time more than three (3) hours must be reported in writing personally or by facsimile by the owner or operator to the Divisio…
Ark. Code Ann. § 23-89-511 Amusement ride operators
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(a) Any person directly operating any amusement ride or amusement attraction:(1) Must be at least sixteen (16) years of age;(2) Must be trained in the proper use and operation of the device;(3) Must operate only one (1) amusement ride at a time; and(4) May not operate any amuseme…
Ark. Code Ann. § 23-89-512 Prohibited bungee operations
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(1) The following bungee operations are prohibited:(1) A bungee operation conducted with balloons, blimps, helicopters, or other aircraft;(2) “Sand bagging”, which is the practice of holding onto any object, including another person, while bungee jumping, for the purpose of exert…
Ark. Code Ann. § 23-89-513 Posting ride safety rules required
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(1) All requirements for rider safety within the control of the rider must be prominently posted in a manner reasonably expected to provide notice to the rider. Such requirements or restrictions should include:(1) Any height or weight restrictions;(2) Safety belt or bars or other…
Ark. Code Ann. § 23-89-514 Patron safety
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(a) All patrons on any amusement ride or amusement attraction subject to this subchapter, at a minimum, shall:(1) Obey the posted safety rules and oral instructions issued by the amusement ride owner or manager or such owner's employee or agent;(2) Refrain from acting in any mann…
Ark. Code Ann. § 23-89-515 Nondestructive testing
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(a) An owner may not operate an amusement ride for which the manufacturer recommends nondestructive testing, unless the owner complies with the manufacturer's standards for the testing and the ride meets the manufacturer's acceptance criteria. (b) (1) If a manufacturer's nondestr…
Ark. Code Ann. § 23-89-516 Records
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(a) The Secretary of the Department of Labor and Licensing or his or her designee shall keep records and statistics by year of serious injuries and fatalities resulting from amusement ride accidents. Such records and statistics shall specify the year of the accident, type of inju…
Ark. Code Ann. § 23-89-517 Disposition of funds
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All money received under the provisions of this subchapter shall be deposited into the State Treasury to the credit of the Department of Labor and Licensing Special Fund.
Ark. Code Ann. § 23-89-518 Amusement Ride Safety Advisory Board — Creation — Duties
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(a) (1) There is created an Amusement Ride Safety Advisory Board.(2) (A) The board shall be appointed by the Governor.(B) The Secretary of the Department of Labor and Licensing or his or her designee shall be ex officio chair.(C) The board shall consist of five (5) additional mem…