Title 23, Public Utilities and Regulated Industries

(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…

(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…

(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 …

(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 …

(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…

(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…

(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…

(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…

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.

(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…

(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 …

(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…

(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…

Tort liability arising from the ownership, maintenance, or use of a motor vehicle within this state is retained.

(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…

(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…

(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 …

(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…

(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…

(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…

(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…

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…

(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…

(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…

(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…

(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…

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…

(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…

(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…

(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…

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.

(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…

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…

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…

(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) …

(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…

(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…

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 …

This subchapter shall be known and may be cited as the “Amusement Ride and Amusement Attraction Safety Insurance Act”.

(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…

(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…

(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 …

(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 …

(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…

(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 …

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.