Title 23 — Public Utilities and Regulated Industries
95 chapters · 4,024 sections in this title.
Ark. Code Ann. § 23-96-101 Title
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This chapter shall be known and may be cited as the “Arkansas Life and Health Insurance Guaranty Association Act”.
Ark. Code Ann. § 23-96-102 Purpose
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(a) The purpose of this chapter is to protect, subject to certain limitations, the persons specified in § 23-96-107(a) against failure in the performance of contractual obligations under life and health and annuity policies, plans, or contracts specified in § 23-96-107(b) because…
Ark. Code Ann. § 23-96-103 Construction — Applicability
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(a) This chapter shall be construed to effect the purpose under § 23-96-102. (b) This chapter shall not be construed to reduce the liability for unpaid assessments of the insureds of an impaired or insolvent insurer operating under a plan with assessment liability.
Ark. Code Ann. § 23-96-104 Definitions
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(1) As used in this chapter:(1) “Account” means any of the two (2) accounts created under § 23-96-109;(2) “Association” means the Arkansas Life and Health Insurance Guaranty Association created under § 23-96-109;(3) “Authorized assessment” or the term “authorized” when used in th…
Ark. Code Ann. § 23-96-105 Advertisement of association act in insurance sales — Notice to policy owners
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(a) (1) A person, including a member insurer, agent, or affiliate of a member insurer, shall not make, publish, disseminate, circulate, or place before the public, or cause, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public, in a…
Ark. Code Ann. § 23-96-106 Scope of chapter
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(a) This chapter shall not provide coverage for:(1) A portion of a policy or contract not guaranteed by the member insurer, or under which the risk is borne by the policy owner or contract owner;(2) A portion of a policy or contract of reinsurance, unless assumption certificates …
Ark. Code Ann. § 23-96-107 Coverage
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(a) This chapter shall provide coverage for the policies and contracts specified in subsection (b) of this section to:(1) Persons who, regardless of where they reside, except for nonresident certificate holders under group policies or contracts, are the beneficiaries, assignees, …
Ark. Code Ann. § 23-96-108 Immunity
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(a) The following are not liable for or subject to any cause of action resulting from an act or omission by them in the performance of their powers and duties under this chapter:(1) A member insurer or its agents or employees;(2) The Arkansas Life and Health Insurance Guaranty As…
Ark. Code Ann. § 23-96-109 Creation of association — Examination — Annual report — Tax exemption — Board of directors
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(a) (1) (A) There is created a nonprofit legal entity to be known as the “Arkansas Life and Health Insurance Guaranty Association”.(B) All member insurers shall be and remain members of the association as a condition of their authority to transact insurance or a health maintenanc…
Ark. Code Ann. § 23-96-110 Powers and duties of association
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(a) In addition to the rights and powers elsewhere in this chapter, the Arkansas Life and Health Insurance Guaranty Association may:(1) Enter into such contracts as are necessary or proper to carry out this chapter;(2) Sue or be sued, including taking any legal actions necessary …
Ark. Code Ann. § 23-96-111 Impaired insurers
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(1) If a member insurer is an impaired insurer, the Arkansas Life and Health Insurance Guaranty Association, in its discretion and subject to any conditions imposed by the association that do not impair the contractual obligations of the impaired insurer and that are approved by …
Ark. Code Ann. § 23-96-112 Insolvent insurers
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(a) If a member insurer is an insolvent insurer, the Arkansas Life and Health Insurance Guaranty Association, in its discretion, shall:(1) Do both of the following:(A) Guarantee, assume, reissue, or reinsure, or cause to be guaranteed, assumed, reissued, or reinsured, the policie…
Ark. Code Ann. § 23-96-113 Authority of association when proceeding under § 23-96-111 or § 23-96-112
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(a) (1) When proceeding under § 23-96-111 or § 23-96-112(a)(2), the Arkansas Life and Health Insurance Guaranty Association shall:(A) With respect to policies and contracts, assure payment of benefits that would have been payable under the policies or contracts of the insolvent i…
Ark. Code Ann. § 23-96-114 Liability for benefits — Assignment or subrogation of rights — Definition
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(a) The benefits that the Arkansas Life and Health Insurance Guaranty Association may become obligated to cover shall in no event exceed the lesser of:(1) The contractual obligations for which the member insurer is liable or would have been liable if it were not an impaired insur…
Ark. Code Ann. § 23-96-115 Assessments — Tax credits
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(a) (1) For the purpose of providing the funds necessary to carry out the powers and duties of the Arkansas Life and Health Insurance Guaranty Association, the Board of Directors of the Arkansas Life and Health Insurance Guaranty Association shall assess the member insurers, sepa…
Ark. Code Ann. § 23-96-116 Plan of operation
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(a) (1) (A) The Arkansas Life and Health Insurance Guaranty Association shall submit to the Insurance Commissioner a plan of operation and any amendments thereto necessary or suitable to assure the fair, reasonable, and equitable administration of the Arkansas Life and Health Ins…
Ark. Code Ann. § 23-96-117 Detection and prevention of insolvencies or impairments
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(1) To aid in the detection and prevention of member insurer insolvencies or impairments:(1) The Insurance Commissioner shall:(A) (i) Notify the commissioners of all the other states, territories of the United States, and the District of Columbia when he or she takes any of the f…
Ark. Code Ann. § 23-96-118 Duties and powers of Insurance Commissioner
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(a) In addition to the duties and powers enumerated elsewhere in this chapter:(1) The Insurance Commissioner shall:(A) Upon request of the Board of Directors of the Arkansas Life and Health Insurance Guaranty Association, provide the Arkansas Life and Health Insurance Guaranty As…
Ark. Code Ann. § 23-96-119 Distributions of ownership rights
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(a) (1) (A) Before the termination of any liquidation, rehabilitation, or conservation proceeding, the court may take into consideration the contributions of the respective parties, including the Arkansas Life and Health Insurance Guaranty Association, the shareholders, contract …
Ark. Code Ann. § 23-96-120 Payment of premiums
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(a) Nonpayment of premiums within thirty-one (31) days after the date required under the terms of any guaranteed, assumed, alternative, or reissued policy or contract or substitute coverage shall terminate the Arkansas Life and Health Insurance Guaranty Association's obligations …
Ark. Code Ann. § 23-96-121 Reissuance of terminated coverage
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(a) If the Arkansas Life and Health Insurance Guaranty Association elects to reissue terminated coverage at a premium rate different from that charged under the terminated policy or contract, the premium shall be actuarially justified and set by the association according to the a…