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Home » US Law » 2020 Arkansas Code » Title 19 - Public Finance » Chapter 10 - Claims Against the State » Subchapter 3 - Effect of Insurance Coverage

§ 19-10-301. Definitions

As used in this subchapter, unless the context otherwise requires: (1) “Insurer” means every person engaged as indemnitor, surety, or contractor in the business of entering into contracts of insurance; and (2) “Subrogation claim” means any claim filed with the Arkansas State Claims Commission by an insurer or its insured, or both, to recover money […]

§ 19-10-302. Exhaustion of remedies against insurer

(a) The Arkansas State Claims Commission shall not dismiss a claim with prejudice on grounds that the claimant has received or is due benefits under a policy of insurance. However, the commission shall hear no claim until the claimant has exhausted all remedies against insurers, including the claimant’s insurer. (b) Every claim filed with the […]

§ 19-10-303. Reduction of award

(a) If the Arkansas State Claims Commission awards damages to a claimant who has received benefits under any policy of insurance, the premium of which has not been paid by or on behalf of the claimant, the commission shall reduce its award by the amount of insurance benefits received by the claimant. (b) The commission […]

§ 19-10-304. Subrogation claims not heard

The Arkansas State Claims Commission shall not hear subrogation claims. This fact shall in no way alter or vary the operation or coverage of §§ 21-9-201 — 21-9-205.

§ 19-10-305. Immunity of state officers and employees — Status as employee

(a) Officers and employees of the State of Arkansas are immune from liability and from suit, except to the extent that they may be covered by liability insurance, for damages for acts or omissions, other than malicious acts or omissions, occurring within the course and scope of their employment. (b) For purposes of this chapter, […]

§ 19-10-306. Res judicata or collateral estoppel

If an individual commences a civil action in any court of law within this state which arises out of the same subject matter or occurrence that is the subject matter of a complaint before the Arkansas State Claims Commission, the commission shall recognize any final judgment or order rendered in the civil action as a […]