US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

§ 23-66-301. Misrepresentation or false claims or proofs

Any person shall upon conviction be punished as provided in § 23-60-108 who, knowing it to be such: (1) Presents or causes to be presented a false or fraudulent claim, or any false or fraudulent proof in support of a claim, for the payment of a loss under an insurance policy; (2) Prepares, makes, or […]

§ 23-66-302. False representations

Any person who makes any material false statement, representation, or pretense for the purpose of obtaining insurance business shall upon conviction be subject to the penalties provided in § 23-60-108.

§ 23-66-304. Fictitious groups

(a) No insurer, whether an authorized or unauthorized insurer, shall make available through any rating plan or form any fire, casualty, or surety insurance to any person, firm, corporation, or association of individuals at any preferred rate, premium, or form of contract based upon any fictitious grouping of the firm, corporation, or association. (b) “Fictitious […]

§ 23-66-305. Misrepresentations in application for insurance

(a) No agent, broker, solicitor, examining physician, or other person shall make a false or fraudulent statement or representation in, or relative to, an application for insurance. (b) Violations of this section shall be punishable under § 23-60-108.

§ 23-66-306. Misrepresentation of other policies

(a) No person shall make or issue, or cause to be made or issued, any written or oral statements misrepresenting or making incomplete comparisons regarding the terms or conditions or benefits contained in any policy or contract of insurance for the purpose of inducing or attempting to induce the owner of the policy or contract […]

§ 23-66-308. Rebates, discounts, abatements, etc

(a) No property, casualty, or surety insurer or any employee thereof and no broker, agent, or solicitor shall pay, allow, or give, or offer to pay, allow, or give, directly or indirectly, as an inducement to insure or after insurance has been effected, any rebate, discount, abatement, credit, or reduction of the premium named in […]

§ 23-66-309. Charge for substitution of policy

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 pay a consideration of any kind to substitute […]

§ 23-66-310. Illegal dealing in premiums — Excess charges for insurance

(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 Insurance Code. (b) (1) […]

§ 23-66-311. Business development compensation to life policyholders

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 the policyholder an agent of the insurer or […]

§ 23-66-312. Favored agent or insurer — Coercion of debtors

(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 property securing the credit or lien; (2) (A) Require, directly or indirectly, that any borrower, […]

§ 23-66-313. Overwriting contracts of life insurer

(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 making examinations, nor shall the insurer pay to any officer of the […]

§ 23-66-314. Common ownership, management, and directors of insurance companies

(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 the Arkansas Insurance Code, or unless by reason thereof […]

§ 23-66-315. Confidential information

(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, mortgagee, assignee, or creditor is prohibited from disclosing to other persons or […]

§ 23-66-316. Advertising by health and accident insurers and prepaid health plans

(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 health care plan in this state, in violation of a prior order or rule of the Insurance Commissioner directed to the company or association, to make, issue, circulate, […]

§ 23-66-318. Claims or loss histories — Provision for copies to named insureds

(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 so requests. (2) Otherwise, the vendor of loss history information may […]

§ 23-66-319. Cancellation of insurance policies by third parties

(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 to be mailed this notice is personal […]

§ 23-66-320. Genetic Nondiscrimination in Insurance Act

(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 the expense thereof, or against disablement or expense resulting from sickness, […]

§ 23-66-321. Method of payment of claims

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 by […]