Title 23 — Public Utilities and Regulated Industries

No person engaged in the business of financing the purchase of real or personal property or of lending money on the security of real or personal property and no trustee, director, officer, agent, or other employee of the person shall directly or indirectly require that a borrower…

(a) No person shall willfully collect any sum as a premium or charge for insurance that is not then provided or is not in due course to be provided, subject to acceptance of the risk by the insurer, by an insurance policy issued by an insurer as authorized by the Arkansas Insuran…

No life insurer shall discriminate between its policyholders by allowing, or agreeing to allow, to any policyholder, whether as an individual or as a member of a class, a portion or percent of any premium collected by the insurer from any policyholder on the pretense of making th…

(a) No person, including, but not limited to, depository institutions and affiliates of depository institutions, primary and secondary mortgagees, vendors, or lenders may:(1) Unreasonably disapprove the insurance policy or binder provided by a borrower for the protection of the p…

(a) No life insurer shall pay or contract to pay, directly or indirectly, to its president, vice president, secretary, treasurer, actuary, or medical director or other physician charged with the duty of examining risks or applicants for insurance, except regular fees paid for mak…

(a) Any insurer may retain, invest in, or acquire the whole or any part of the capital stock of any other insurers, or have a common management with any other insurers, unless the retention, investment, acquisition, or common management is inconsistent with any other provision of…

(a) (1) When a borrower is required to maintain insurance and to furnish evidence of the insurance to a depository institution, an affiliate of a depository institution, creditor, mortgagee, assignee, or lender as a condition for obtaining or keeping the loan, the lender, mortgag…

(a) It shall be unlawful for any insurance company or association transacting any health and accident or hospital or surgical insurance or prepaid hospital and surgical or healthcare plan in this state, in violation of a prior order or rule of the Insurance Commissioner directed …

A.C.A. § 23-66-317Current 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) (1) A vendor of loss history information shall make all disclosures and furnish the reports without charge to the insured if within thirty (30) days after receipt by the insured of a notification of declination, cancellation, nonrenewal, or reduction in coverage the insured s…

(a) Anyone holding the right to request cancellation of the named insured's insurance policy, other than the insurer, shall send to the insured and to the insured's agent or broker of record at least ten (10) days' written notice of the intention to cancel the policy. The right t…

(a) This section shall be known and may be cited as the “Genetic Nondiscrimination in Insurance Act”. (b) For the purposes of this section:(1) “Disability insurance” means insurance of human beings against bodily injury, disablement, or death by accident or accidental means, or t…

All claims paid by an insurer authorized to do business in this state to any person having a claim under any insurance contract for any type of insurance authorized by the laws of this state issued by an insurer shall be paid by check or draft of the insurer to the order of, or b…

This subchapter may be cited as the “Home Service Act”.

As used in this subchapter: (1) A “blind” is the collection of a premium from a policy owner or premium payor who is intentionally not made aware of the correct paid-to status of the policy for which the premium is to be applied because a premium intentionally was not properly re…

The Insurance Commissioner shall have such authority as he or she deems reasonably necessary to regulate the home service system of distribution, and, to that end, to promulgate, adopt, and enforce reasonable rules necessary and proper to regulate the home service system of distr…

(1) Each insurer engaged in the home service system of distribution of policies in this state shall:(1) (A) Establish written procedures to audit agencies engaged in the home service system of distribution of policies in this state;(B) File the audit procedures in effect each yea…

(1) For every premium collected on a policy of property, casualty, life, or accident and health insurance in this state, the agent collecting or receiving such a premium shall:(1) Furnish the payor with written evidence of payment at the time the premium is collected, which shall…

(1) The following activities, if committed intentionally, shall be deceptive acts under the Trade Practices Act, § 23-66-201 et seq., for companies or agents engaged in the home service system of distribution:(1) The commission of a blind as defined by § 23-66-402;(2) The collect…

No violation of this subchapter shall be deemed to give rise to a private cause of action.

(a) The Insurance Commissioner shall conduct all hearings held pursuant to allegations of violations of this subchapter pursuant to §§ 23-61-303 — 23-61-307. (b) The commissioner may suspend for up to twelve (12) months, or may revoke or refuse to continue, any license issued by …

(1) As used in this subchapter:(1) “Actual malice” means knowledge that information is false, or reckless disregard of whether it is false;(2) “Business of insurance” means the writing of insurance or the reinsuring of risks by an insurer, including acts necessary or incidental t…

(a) A person shall not commit a fraudulent insurance act. (b) A person shall not knowingly interfere with the enforcement of the provisions of this subchapter or investigations of suspected or actual violations of this subchapter. (c) (1) A person convicted of a felony involving …

(a) Claim forms, proofs of loss, or any similar documents, however designated, seeking payment or benefit pursuant to an insurance policy, and applications for insurance, regardless of the form of transmission, shall contain the following statement or a substantially similar stat…

The Insurance Commissioner may investigate suspected fraudulent insurance acts and persons engaged in the business of insurance.

(a) A person engaged in the business of insurance having knowledge or a reasonable belief that a fraudulent insurance act is being, will be, or has been committed shall provide to the Insurance Commissioner the information required by, and in a manner prescribed by, the commissio…

(a) There shall be no civil liability for libel, slander, or any other cause of action imposed on, and no cause of action shall arise from a person's furnishing information concerning suspected, anticipated, or completed fraudulent insurance acts, if the information is provided t…

(a) Notwithstanding any other provision of law, the documents and evidence provided pursuant to §§ 23-66-505 and 23-66-508 or obtained by the Insurance Commissioner in an investigation of suspected or actual fraudulent insurance acts shall be privileged and confidential and shall…

(a) (1) The Criminal Investigation Division is established within the State Insurance Department and is designated a law enforcement agency.(2) (A) The Insurance Commissioner shall appoint the full-time supervisory and investigative personnel of the division, who shall be qualifi…

(1) This subchapter shall not:(1) Preempt the authority or relieve the duty of other law enforcement or regulatory agencies to investigate, examine, and prosecute suspected violations of law;(2) Prevent or prohibit a person from voluntarily disclosing information concerning insur…

(a) Insurers shall have antifraud initiatives reasonably calculated to detect, prosecute, and prevent fraudulent insurance acts. Antifraud initiatives may include, but are not limited to:(1) Fraud investigators, who may be insurer employees or independent contractors; or(2) An an…

The Insurance Commissioner may promulgate reasonable rules deemed necessary by the commissioner for the administration of this subchapter.

(1) A person who violates this subchapter is subject to the following:(1) (A) Suspension or revocation of license, civil penalties of up to ten thousand dollars ($10,000) per violation, or both.(B) Suspension or revocation of license and imposition of civil penalties shall be pur…

(a) (1) (A) Prior to the approval of any application or request for appointment by an insurer or company to be added to the license obtained by an individual resident agent or producer who has had no previous appointments on his or her Arkansas license prior to this request, the …

This subchapter may be cited as the “Insurance Sales Consumer Protection Act”.

The purpose of this subchapter is to regulate the business of insurance and protect the interests of insurance consumers.

(1) For the purpose of this subchapter:(1) “Affiliate” means any company that controls, is controlled by, or is under common control with another company;(2) “Customer” means a person who obtains, applies for, or is solicited to obtain insurance products primarily for personal, f…

The provisions of § 23-66-606 shall not apply to or affect in any way a broker-dealer licensed by the State of Arkansas when such a broker-dealer is conducting insurance sales activities on premises other than a depository institution or an affiliate of a depository institution p…

(a) The following shall apply when insurance is required as a condition of obtaining a loan or extension of credit:(1) (A) No person, depository institution, or affiliate of a depository institution may require as a condition precedent to the lending of money or extension of cred…

(1) Disclosures. The following requirements shall apply to insurance sales activities conducted by depository institutions, their employees, affiliates of a depository institution, and unaffiliated third parties conducting the insurance sales activities on behalf of a depository …

(1) No person, depository institution, or affiliate of a depository institution who lends money or extends credit may release, without the express consent of the customer, borrower, mortgagor, or purchaser:(1) Insurance information of a customer relative to a policy which is requ…

The Insurance Commissioner may promulgate rules to effectuate the purposes of this subchapter.

(1) No person, depository institution, or affiliate of a depository institution who lends money or extends credit may:(1) Use an advertisement or other insurance promotional material that would cause a reasonable person to mistakenly believe that the United States Government or t…

(a) The Insurance Commissioner shall have the power to examine and investigate the insurance activities of depository institutions in order to determine whether a depository institution has been or is engaged in any unfair trade practice prohibited by this subchapter. (b) The com…

The General Assembly hereby finds that registry numbers issued to physicians by the United States Drug Enforcement Administration are protected numbers not intended for use by insurance companies and health maintenance organizations. Pharmacists are prohibited by law from selling…

(a) Health carriers shall not require physicians, pharmacists, or other persons or entities to disclose a physician's United States Drug Enforcement Administration registry number for the purposes of identification, payment to a pharmacist, reimbursement of a patient, or any othe…

This subchapter shall be known and may be cited as the “Online Marketplace Guarantees Act”.

(1) The purpose of this subchapter is to:(1) Create a legal framework within which an online marketplace or its affiliates may offer or sell an online marketplace guarantee in this state;(2) Protect consumers by promoting transparency, fairness, and accountability related to onli…

(1) As used in this subchapter:(1) “Online marketplace” means a person that:(A) Provides an online application, software, website, system, or other medium through which a service is advertised or is offered to the public as available in this state;(B) Provides, directly or indire…

(a) An online marketplace guarantee shall not be issued, sold, or offered for sale in this state unless the provider has:(1) If sold for separate consideration, provided an electronic or written record of the purchase of the online marketplace guarantee to the platform contract h…