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Arkansas Statutes, Title 23

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Arkansas/Statutes

← All Arkansas coverage

Title 23, Public Utilities and Regulated Industries

95 chapters · 3,921 sections in this title.

All chapters in Title 233,921 Ch 63, Insurance Companies Generally230 Ch 79, Insurance Policies Generally211 Ch 99, Healthcare Providers165 Ch 4, Regulation of Rates and Charges Gene…162 Ch 18, Light, Heat, and Power Utilities154 Ch 69, Domestic Stock and Mutual Insurers109 Ch 13, Motor Carriers107 Ch 17, Telephone and Telegraph Companies97 Ch 81, Life Insurance Policies And Annuities97 Ch 112, Arkansas Motor Vehicle Commission Act97 Ch 61, State Insurance Department95 Ch 48, Organization and Operation94 Ch 51, ARKANSAS TRUST INSTITUTIONS ACT OF 202589 Ch 12, Operation and Maintenance of Railroads87

3,921 sections·Filtered byTitle 23✕

Ark. Code Ann. § 23-67-209 Rating criteria
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(a) Due consideration must be given to past and prospective loss and expense experience within and outside this state, to catastrophe hazards and contingencies, to events or trends within and outside this state, to loadings for leveling rates over a period of time, to dividends o…
Ark. Code Ann. § 23-67-210 Rating plans
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(a) Rates may be modified to produce premiums for individual risks in accordance with filed rating plans which establish standards for measuring variations in hazards or expense provisions. Those standards may measure differences among risks that can be demonstrated to have a pro…
Ark. Code Ann. § 23-67-211 Filing of rates and other rating information
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(a) Filings as to Competitive Markets. (1) (A) (i) In a competitive market, every insurer shall file with the Insurance Commissioner all rates, supplementary rate information, and supporting information for risks which are to be written in this state.(ii) The rates and informatio…
Ark. Code Ann. § 23-67-212 Procedural requirements
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(a) (1) Rates filed pursuant to this section shall be filed in such form and manner as prescribed by the Insurance Commissioner.(2) An insurer may satisfy its obligation to file supplementary rate information or supporting information by filing a reference to a filing made by an …

Ark. Code Ann. § 23-67-213 Disapproval of rates

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(a) Basis of Disapproval. (1) The Insurance Commissioner may disapprove a rate without a hearing if the insurer fails to file the information required pursuant to this chapter.(2) The commissioner may disapprove a rate without a hearing if he or she finds that the rate is excessi…

Ark. Code Ann. § 23-67-214 Licensing of advisory organizations

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(a) No advisory organization shall provide any service relating to the rates of any insurance subject to this chapter, and no insurer shall utilize the services of the organization for those purposes unless the organization has obtained a license from the Insurance Commissioner. …

Ark. Code Ann. § 23-67-215 Insurers and advisory organizations — Prohibited activities

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(a) Monopolies. No insurer or advisory organization shall attempt to monopolize or to combine or conspire with any other person to monopolize an insurance market or make any arrangement with any other insurer, advisory organization, or other person which has the purpose or effect…

Ark. Code Ann. § 23-67-216 Advisory organizations — Permitted activities

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(1) Any advisory organization, in addition to other activities permitted, is authorized to:(1) Develop statistical plans, including territorial and class definitions;(2) Collect statistical data from members, subscribers, or any other source;(3) Prepare and distribute pure premiu…

Ark. Code Ann. § 23-67-217 Advisory organizations — Filings

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Every advisory organization shall file with the Insurance Commissioner every advisory document pursuant to § 23-67-216 thirty (30) days prior to the effective date. The commissioner may extend the review period an additional thirty (30) days by written notice to the filer before …

Ark. Code Ann. § 23-67-218 Records and reports

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(a) The Insurance Commissioner may adopt reasonable rules for use by companies to record and report to the commissioner rates and other information determined by the commissioner to be necessary or appropriate for the administration of this chapter and for the effectuation of its…

Ark. Code Ann. § 23-67-219 Workers' compensation and employers' liability insurance

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(1) With regard to workers' compensation and employers' liability insurance incidental thereto and written in connection therewith, the following provisions shall apply:(1) (A) Every insurer shall file with the Insurance Commissioner every manual of classifications, rules and rat…

Ark. Code Ann. § 23-67-220 Examinations

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(a) The Insurance Commissioner may examine any insurer, pool, advisory organization, or residual market mechanism as he or she deems necessary to ascertain compliance with this chapter. (b) Every insurer, pool, advisory organization, and residual market mechanism shall maintain r…

Ark. Code Ann. § 23-67-222 Administrative procedures

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(a) Administrative procedures exercised by the Insurance Commissioner under this chapter shall be in accordance with §§ 23-61-303 — 23-61-306. (b) Appeals from orders of the commissioner made under this chapter shall be made in accordance with § 23-61-307.

Ark. Code Ann. § 23-67-301 Title

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This subchapter shall be known and cited as the “Arkansas Workers' Compensation Insurance Plan”.

Ark. Code Ann. § 23-67-302 Purpose

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The purpose of this subchapter is to amend this title to provide for the establishment of a mandatory workers' compensation insurance plan to assure coverage for employers who are in good faith entitled, but unable to procure, workers' compensation insurance in this state, and to…

Ark. Code Ann. § 23-67-303 Establishment, operation, and regulation

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The Insurance Commissioner shall be responsible for the establishment, operation, and regulation of the Arkansas Workers' Compensation Insurance Plan pursuant to the provisions of this subchapter.

Ark. Code Ann. § 23-67-304 Plan for coverage

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(a) The Arkansas Workers' Compensation Insurance Plan shall give consideration to:(1) The need for adequate and readily accessible coverage;(2) Optional methods of improving the market affected;(3) The need for reasonable underwriting standards;(4) The need for adequate superviso…

Ark. Code Ann. § 23-67-305 Mandatory participation in Arkansas Workers' Compensation Insurance Plan

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(a) All insurers licensed to transact workers' compensation and employers' liability insurance in this state, as defined in § 23-62-105(a)(3) and who have qualified to transact workers' compensation insurance pursuant to § 11-9-302(a) shall participate in the equitable apportionm…

Ark. Code Ann. § 23-67-306 Employers entitled to insurance

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(a) Any employer required to secure the payment of compensation under the provisions of § 11-9-404(a)(1) or any similar federal law shall be entitled to insurance under the provisions of this subchapter, provided:(1) The employer pays his or her premium based upon the premium pay…

Ark. Code Ann. § 23-67-307 Cancellation of policy

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If, after the issuance of a policy providing insurance pursuant to the provisions of this subchapter, the insurer which issued the policy finds that the employer to whom the policy was issued is not, or has ceased to be, entitled to the insurance, the insurer shall have the right…

Ark. Code Ann. § 23-67-308 Failure of insurer to comply

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If any insurer refuses or neglects to comply with the provisions of this subchapter or with any order or ruling made by the Insurance Commissioner pursuant to this subchapter, the insurer shall be subject to the administrative penalties provided for in the Arkansas Insurance Code…

Ark. Code Ann. § 23-67-309 Appeal

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Any person aggrieved by an order or ruling made by the Insurance Commissioner under the provisions of this subchapter shall have the right to appeal the order or ruling pursuant to § 23-61-307.

Ark. Code Ann. § 23-67-310 Rules

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The Insurance Commissioner is authorized to promulgate such reasonable rules as are necessary to carry out the provisions of this subchapter.

Ark. Code Ann. § 23-67-311 Association policies

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Under such rules as shall be adopted by the Insurance Commissioner, and notwithstanding other provisions of this chapter, the commissioner is given the authority in the Arkansas Workers' Compensation Insurance Plan to allow the issuance of group or association workers' compensati…

Ark. Code Ann. § 23-67-312 Alternate preferred plan

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(a) The Insurance Commissioner shall establish within the Arkansas Workers' Compensation Insurance Plan an alternate preferred plan for employers, including logging or pulpwood dealers or contractors, who have carried workers' compensation insurance coverage continuously for at l…

Ark. Code Ann. § 23-67-313 Competitive selection

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(a) The Insurance Commissioner shall make a good faith effort to comply with the intent of the provisions requiring competitive selection of the administrator of the Arkansas Workers' Compensation Insurance Plan and servicing carriers. The administrator and servicing carriers sha…

Ark. Code Ann. § 23-67-401 Title

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This subchapter shall be known and may be cited as the “Use of Credit Information in Personal Insurance Act”.

Ark. Code Ann. § 23-67-402 Purpose

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The purpose of this subchapter is to regulate the use of credit information for personal insurance so that consumers are afforded certain protections with respect to the use of the information.

Ark. Code Ann. § 23-67-403 Scope

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This subchapter applies to personal insurance and not to commercial insurance or any other type of insurance.

Ark. Code Ann. § 23-67-404 Definitions

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(1) For the purposes of this subchapter:(1) “Adverse action” means a denial or cancellation of, an increase in any charge for, or a reduction or other adverse or unfavorable change in the terms of coverage or amount of any insurance, existing or applied for, in connection with th…

Ark. Code Ann. § 23-67-405 Use of credit information

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(1) An insurer authorized to do business in Arkansas that uses credit information to underwrite or rate risks shall not:(1) Use a credit score that is calculated using income, gender, address, zip code, ethnic group, religion, marital status, or nationality of the consumer as a f…

Ark. Code Ann. § 23-67-406 Dispute resolution and error correction

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(a) If it is determined through the dispute resolution process set forth in section 1681i(a)(5) of the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., that the credit information of a current insured was incorrect or incomplete and if the insurer receives written notice of t…

Ark. Code Ann. § 23-67-407 Initial notification

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(a) (1) If an insurer writing personal insurance uses credit information in underwriting or rating a consumer, the insurer or its agent shall disclose either on the insurance application or at the time the insurance application is taken that it may obtain credit information in co…

Ark. Code Ann. § 23-67-408 Adverse action notification

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(1) If an insurer takes an adverse action based upon credit information, the insurer shall:(1) Provide the consumer the name, address, and phone number of the person or division at the insurance company responsible for handling applicant or policyholder questions concerning credi…

Ark. Code Ann. § 23-67-409 Filing

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(a) (1) Insurers that use credit scores to underwrite or rate risks shall file their scoring models or other scoring processes with the State Insurance Department.(2) A third party may file scoring models on behalf of insurers.(3) A filing that includes credit scoring shall inclu…

Ark. Code Ann. § 23-67-410 Indemnification

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(a) An insurer shall indemnify, defend, and hold agents harmless from and against all liability, fees, and costs arising out of or relating to the actions, errors, or omissions of a producer who obtains or uses credit information or credit scores, or both, for an insurer, provide…

Ark. Code Ann. § 23-67-411 Sale of policy term information by consumer reporting agency

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(a) (1) No consumer reporting agency shall provide or sell data or lists that include any information that, in whole or in part, was submitted in conjunction with an insurance inquiry about a consumer's credit information or a request for a credit report or credit score.(2) The i…

Ark. Code Ann. § 23-67-412 Fair Credit Reporting Act

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The provisions of this subchapter shall be subject to the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq.

Ark. Code Ann. § 23-67-413 Individual underwriting allowed

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Nothing in this subchapter is intended to prevent an insurer from considering each risk on an individual basis, looking at individual risk characteristics and other factors predictive of future loss.

Ark. Code Ann. § 23-67-414 Rules

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The Insurance Commissioner may make reasonable rules necessary for or as an aid to the effectuation of any provision of this subchapter.

Ark. Code Ann. § 23-67-501 Applicability

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(a) The provisions of this subchapter shall be applicable to malpractice insurance as defined in § 23-62-105(a)(10) except officers’ and directors’ liability and fiduciary insurance. (b) Section 23-67-208 shall not apply to malpractice insurance.

Ark. Code Ann. § 23-67-502 Standards for rates

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(1) Rates for malpractice insurance shall not be:(1) (A) Excessive.(B) A rate is excessive if it is likely to produce a profit from an Arkansas business that is unreasonably high in relation to past and prospective loss experience or if expenses are unreasonably high in relation …

Ark. Code Ann. § 23-67-503 Rating criteria

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(a) A malpractice insurer shall consider past and prospective loss experience solely within this state. (b) (1) If insufficient experience exists within this state upon which a rate can be based, the malpractice insurer may consider experience within any other state or states tha…

Ark. Code Ann. § 23-67-504 Rate administration

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(a) (1) The Insurance Commissioner shall promulgate rules requiring each malpractice insurer to record and report its loss and expense experience and any other data, including reserves, the commissioner considers necessary to determine whether rates comply with the standards set …

Ark. Code Ann. § 23-67-505 Filing of rating information

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(a) Every malpractice insurer shall file with the Insurance Commissioner every manual of classifications, rules, and rates, every rating plan, and every modification of any manual classification, rule, or rate that it proposes to use in this state. (b) The expense provisions incl…

Ark. Code Ann. § 23-67-506 Review of filings

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(a) All malpractice rate filings shall remain on file for public inspection. (b) Whenever a malpractice insurer files a proposed overall rate increase of twenty percent (20%) or greater, it shall:(1) Publish notice of the filing for three (3) consecutive business days in a newspa…

Ark. Code Ann. § 23-67-507 Disapproval of rates

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The Insurance Commissioner shall follow the procedures set forth in § 23-67-213 when any malpractice rate filing under this subchapter is disapproved.

Ark. Code Ann. § 23-67-508 Administrative procedures

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(a) Administrative procedures exercised by the Insurance Commissioner under this subchapter shall be in accordance with §§ 23-61-303 — 23-61-306. (b) (1) Appeals from orders of the commissioner under this subchapter shall be made in accordance with § 23-61-307.(2) Any appeal unde…

Ark. Code Ann. § 23-67-509 Provisions cumulative

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This subchapter supplements existing law. Only those laws and parts of laws in direct conflict with this subchapter are repealed.

Ark. Code Ann. § 23-67-510 Effective date

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This subchapter applies to all malpractice policies issued or renewed on or after January 1, 2006.