Arkansas Code Title 23, Subtitle 3, Chapter 79, Subchapter 1 - General Provisions
- § 23-79-101 - Definitions.
As used in this section and §§ 23-79-102 -- 23-79-128, 23-79-131 -- 23-79-134, and 23-79-202 -- 23-79-210: (1) "Policy" means the written contract of...
- § 23-79-102 - Scope.
Sections 23-79-101, 23-79-103 -- 23-79-107, 23-79-109 -- 23-79-128, 23-79-131 -- 23-79-134, and 23-79-202 -- 23-79-210 do not apply to: (1) Reinsurance; (2) (A) Policies...
- § 23-79-103 - Insurable Interest -- Personal Insurance.
(a) (1) Any individual of competent legal capacity may procure or effect an insurance contract upon his or her own life or body for...
- § 23-79-104 - Insurable Interest -- Property.
(a) No contract of insurance of property or of any interest in property or arising from property shall be enforceable as to the insurance...
- § 23-79-105 - Application Required -- Life and Accident and Health Insurance.
No life or accident and health insurance contract upon an individual, except a contract of group life insurance or of group or blanket accident...
- § 23-79-106 - Application -- Use As Evidence -- Alteration.
(a) No application for the issuance of any life or accident and health insurance policy or annuity contract shall be admissible in evidence in...
- § 23-79-107 - Application -- Statements As Representations.
(a) A statement in an application or in negotiations for a life or accident and health insurance policy or annuity contract by or in...
- § 23-79-108 - Return of Premium to Rejected Applicant.
After an insurer rejects or declines to issue a life or accident and health insurance policy, the insurer shall return the premium to the...
- § 23-79-109 - Filing and Approval of Forms.
(a) (1) (A) (i) No basic insurance policy, or annuity contract form, or application form when written application is required and is to be...
- § 23-79-110 - Forms and Premium Rates -- Grounds for Disapproval.
(a) The Insurance Commissioner shall disapprove a form filed under § 23-79-109, or withdraw a previous approval, only if the form: (1) Violates or...
- § 23-79-111 - Standard Provisions.
(a) Insurance contracts shall contain such standard or uniform provisions as are required by the applicable provisions of this code pertaining to contracts of...
- § 23-79-112 - Contents.
(a) The written instrument in which a contract of insurance is set forth is the policy.(b) Every policy shall specify: (1) The names of...
- § 23-79-113 - Charter or Bylaw Provisions Excluded -- Exception.
(a) No policy shall contain any provision purporting to make any portion of the charter, bylaws, or other constituent document of the insurer, other...
- § 23-79-114 - Entitlement Notwithstanding Policy Provisions -- Health Services Performed by Professionals Not Licensed Under Arkansas Medical Practices Act.
(a) (1) Notwithstanding any provision of any individual or group policy of accident and health insurance or any provision of a policy, contract, plan,...
- § 23-79-115 - Entitlement Notwithstanding Policy Provisions -- Services Performed by Outpatient Centers.
(a) (1) Notwithstanding any provisions of any individual or group accident and health insurance policy, or any provision of a policy, contract, plan, or...
- § 23-79-116 - Execution.
(a) Every insurance policy shall be executed in the name of and on behalf of the insurer by its officer, attorney-in-fact, employee, or representative...
- § 23-79-117 - Underwriters' and Combination Policies.
(a) (1) Two (2) or more authorized insurers may jointly issue and shall be jointly and severally liable on an underwriters' policy bearing their...
- § 23-79-118 - Noncomplying Forms.
An insurance policy, rider, or endorsement issued and otherwise valid that contains any condition or provision not in compliance with state law is not...
- § 23-79-119 - Construction of Policies.
(a) Every insurance contract shall be construed according to the entirety of its terms and conditions as set forth in the policy and as...
- § 23-79-120 - Binders.
(a) Binders or other contracts for temporary insurance may be made orally or in writing and shall be deemed to include all the usual...
- § 23-79-121 - Delivery of Policy.
(a) (1) Subject to the insurer's requirements as to payment of premium, every policy shall be mailed or delivered to the insured or to...
- § 23-79-122 - Negotiability of Premium Notes.
(a) (1) No note given for premiums on insurance in this state shall be negotiated until the policy for which the note was given...
- § 23-79-123 - Renewal by Certificate.
(a) (1) Any insurance policy terminating by its terms at a specified expiration date and not otherwise renewable may be renewed or extended at...
- § 23-79-124 - Assignment.
(a) A policy may be assignable or not assignable, as provided by its terms.(b) Subject to its terms relating to assignability, any life or...
- § 23-79-125 - Payment by Insurer -- Discharge.
(a) Whenever the proceeds of or payments under a life or accident and health insurance policy or annuity contract become payable in accordance with...
- § 23-79-126 - Forms for Proof of Loss.
(a) An insurer shall furnish to any person claiming to have a loss under an insurance contract issued by the insurer forms of proof...
- § 23-79-127 - Claims Administration by Insurer Not Waiver.
Without limitation of any right or defense of an insurer otherwise, none of the following acts by or on behalf of an insurer shall...
- § 23-79-128 - Right to Insure Spouse's Life.
(a) (1) It shall be lawful for any married woman, by herself and in her name, or in the name of any third person,...
- § 23-79-129 - Coverage of Newborn Infants.
(a) (1) Every accident and health insurance policy, contract, certificate, or healthcare plan sold, delivered, issued, or offered for sale, issue, or delivery in...
- § 23-79-130 - Impairment of Speech or Hearing.
(a) Every accident and health insurer, hospital or medical service corporation, or health maintenance organization transacting accident and health insurance or providing health coverage...
- § 23-79-131 - Exemption of Proceeds -- Life Insurance.
(a) (1) If a policy of insurance is effected by any person on his or her own life or on another life in favor...
- § 23-79-132 - Exemption of Proceeds -- Group Life.
(a) (1) A policy of group life insurance or the proceeds thereof payable to the individual insured or to the beneficiary thereunder shall not...
- § 23-79-133 - Exemption of Proceeds -- Accident and Health Insurance.
The proceeds or avails of all contracts of accident and health insurance and of provisions providing benefits on account of the insured's disability that...
- § 23-79-134 - Exemption of Proceeds -- Annuity Contracts -- Assignability of Rights.
(a) Benefits, rights, privileges, and options under any annuity or variable annuity contract, which are due or prospectively due the annuitant, shall not be...
- § 23-79-135 - Prompt Payment of Certain Claims Required.
In any case in which an insured under any hospital, medical, or surgical policy or plan, or any accident policy, becomes entitled to benefits...
- § 23-79-136 - Agreement for Insurer to Invest Premium Prohibited.
(a) It is unlawful for any insurance company authorized to do business in this state to issue or offer for sale or issue in...
- § 23-79-137 - Coverage for Adopted Minors.
(a) Every accident and health insurance policy, self-insured health plan, hospital and medical service contract, contract, certificate, or healthcare plan sold, delivered, issued, or...
- § 23-79-138 - Information to Accompany Policies.
(a) The following information shall accompany every policy of life insurance, accident and health insurance, property insurance, casualty insurance, or title insurance issued and...
- § 23-79-139 - Benefits for Alcohol or Drug Dependency Treatment.
(a) (1) Every insurer, hospital and medical service corporation, and health maintenance organization transacting accident and health insurance in this state shall offer and...
- § 23-79-140 - Mammograms.
(a) (1) "Mammography" means radiography of the breast. (2) "Screening mammography" is a radiologic procedure provided to a woman, who has no signs or...
- § 23-79-141 - Children's Preventive Health Care Act.
(a) Title. This section shall be known and may be cited as the "Children's Preventive Health Care Act".(b) Declaration of Purposes. The purpose of...
- § 23-79-142 - Payment for Services of Psychological Examiners.
Every insurer or hospital and medical service corporation that issues a group accident and health insurance policy, contract, or agreement in this state that...
- § 23-79-143 - [Repealed.]
- § 23-79-144 - Minor Children -- Certain Provisions Denying or Restricting Coverage Void.
(a) (1) No contract of individual or group healthcare coverage sold, delivered, issued for delivery, renewed, or offered for sale in this state by...
- § 23-79-145 - [Repealed.]
- § 23-79-146 - Subrogation Recovery.
(a) (1) Any casualty insurer, accident and health insurer, health maintenance organization, self-funded group, multiple-employer welfare arrangement, or hospital or medical services corporation that...
- § 23-79-147 - Prescription Medication.
(a) As used in this section: (1) "Commissioner" means the Insurance Commissioner of the State Insurance Department; (2) "Insurance policy" means any individual, group,...
- § 23-79-148 - Medical Transportation Services.
(a) (1) Every insurance policy, other than a policy excluded pursuant to subsection (d) of this section, that provides specific coverage exclusively for medical...
- § 23-79-149 - Prescription Drug Benefits.
(a) As used in this section, "insurance policy" means any individual, group, or blanket policy, contract, or evidence of coverage written, issued, amended, delivered,...
- § 23-79-150 - Healthcare Plan -- Health Carrier.
(a) (1) (A) "Healthcare plan" means any individual, blanket, or group plan, policy, or contract for healthcare services issued or delivered by a carrier...
- § 23-79-151 - Liability Insurance -- Notice Requirements Prior to Expiration of Policy.
(a) (1) When an insurer writing workers' compensation insurance, employers' liability insurance, or professional liability insurance, including, but not limited to, medical malpractice insurance,...
- § 23-79-152 - Cancellation, Increase in Premium, and Negative Risk Rating Prohibited When Insured Not At Fault.
(a) Except as provided in subsection (c) of this section, when a person is innocent of any negligent or intentional act that was the...
- § 23-79-153 - Health Insurance -- Closing a Block of Business.
(a) As used in this section: (1) "Block of business" means a particular policy form or contract other than a group policy form or...
- § 23-79-154 - Reimbursement for Physician Assistant Services.
(a) As used in this section, "health plan" means any group, blanket, or individual accident and health insurance policy, contract, or plan issued in...
- § 23-79-155 - Commercial General Liability Insurance.
(a) A commercial general liability insurance policy offered for sale in this state shall contain a definition of "occurrence" that includes: (1) Accidents, including...
- § 23-79-156 - Health Insurance Exchange -- Coverage of Abortions Prohibited -- Definitions -- Findings.
(a) As used in this section: (1) "Abortion" means the use or prescription of any instrument, medicine, drug, or any other substance or device...
- § 23-79-157 - Payment for Services Rendered by Physical Therapists, Occupational Therapists, and Speech-Language Pathologists.
(a) As used in this section: (1) (A) "Health benefit plan" means any group or blanket plan, policy, or contract for healthcare services issued...
- § 23-79-158 - Denials of Dental Claims.
(a) (1) As used in this section, "insurer" means an insurance company, a health maintenance organization, a hospital and medical service corporation, or a...
- § 23-79-159 - Notification of Drug Formulary Changes.
(a) (1) A health benefit plan that provides prescription drug coverage or contracts with a third party for prescription drug services with tiered copayments...
- § 23-79-160 - Health Insurance Information Regarding Health Care Independence Program.
Upon notification to enrollees in the Health Care Independence Program established by the Health Care Independence Act of 2013, § 20-77-2401 et seq., that...
Last modified: November 15, 2016