Arkansas Code Title 23, Subtitle 3, Chapter 90 - Arkansas Property and Casualty Insurance Guaranty Act

• § 23-90-101 - Title.
  This chapter shall be known and may be cited as the "Arkansas Property and Casualty Insurance Guaranty Act".
• § 23-90-102 - Purpose.
  This chapter is for the purpose of providing funds in addition to assets of insolvent insurers for the protection of the holders of covered...
• § 23-90-103 - Definitions.
  As used in this chapter: (1) "Commissioner" means the Insurance Commissioner; (2) (A) (i) "Covered claim" means an unpaid claim of an insured or...
• § 23-90-104 - Applicability -- Exceptions.
  This chapter shall apply to all kinds of direct insurance written by insurers licensed to transact insurance in this state but shall not be...
• § 23-90-105 - Construction.
  This chapter shall be liberally construed to effect the purpose under § 23-90-102 which shall constitute an aid and guide to interpretation.
• § 23-90-106 - Arkansas Property and Casualty Advisory Association -- Creation -- Members.
  (a) (1) There is created by this chapter an advisory association to be known as the "Arkansas Property and Casualty Advisory Association", herein called...
• § 23-90-107 - Arkansas Property and Casualty Advisory Association -- Procedures.
  (a) The State Insurance Department shall promulgate reasonable organizational rules for the Arkansas Property and Casualty Advisory Association which shall set forth, among other...
• § 23-90-108 - Arkansas Property and Casualty Advisory Association -- Powers and Duties.
  (a) (1) The Arkansas Property and Casualty Advisory Association shall advise and counsel with the Insurance Commissioner upon matters relating to the solvency of...
• § 23-90-109 - Arkansas Property and Casualty Advisory Association -- Reports and Recommendations.
  Reports or recommendations made by the Arkansas Property and Casualty Advisory Association to the Insurance Commissioner and his or her representatives shall not be...
• § 23-90-110 - Arkansas Property and Casualty Advisory Association -- Right of Officers, Directors, and Employees to Contract -- Interested Parties.
  (a) Any insurer that has an officer, director, or employee serving as a member of the Arkansas Property and Casualty Advisory Association shall not...
• § 23-90-111 - Covered Claims -- Notification to Insureds of Insurer's Insolvency.
  (a) This chapter shall apply to covered claims existing prior to the determination that an insurer is an insolvent insurer and to covered claims...
• § 23-90-112 - Estimation of Amount Needed to Pay Claims -- Assessment of Insurers.
  (a) (1) Whenever a court of competent jurisdiction determines that an insurer has become an insolvent insurer, the receiver appointed in accordance with §§...
• § 23-90-113 - Failure to Pay Assessment.
  (a) After notice and hearing, the Insurance Commissioner may suspend or revoke the certificate of authority to transact business in this state of any...
• § 23-90-114 - Accounting for and Repayment of Assessments.
  (a) (1) Upon receipt from an insurer of payment of an assessment or partial assessment, the receiver shall provide the insurer with a participation...
• § 23-90-115 - Payment of Covered Claims.
  (a) (1) When an insurer has been determined by a court of competent jurisdiction to be an insolvent insurer, the receiver shall marshal all...
• § 23-90-116 - Duties of Receiver.
  (a) (1) Covered claims against an insolvent insurer placed in temporary or permanent receivership under an order of liquidation, rehabilitation, or conservation by a...
• § 23-90-117 - Right of Recovery.
  (a) (1) Any person having a claim against an insurer under any provision in an insurance policy other than a policy of an insolvent...
• § 23-90-118 - Issuance of New or Renewal Policies.
  (a) An insolvent insurer placed in receivership for which assessments have been made under the provisions of this chapter shall not be authorized, upon...
• § 23-90-119 - Assessment As Credit Against Taxes.
  (a) Any assessment paid by an insurer under this chapter shall be allowed to an insurer as a credit against its premium tax payable...
• § 23-90-120 - Liability of Insurer, Commissioner, Etc.
  There shall be no liability on the part of and no cause of action of any nature shall arise against any insurer subject to...
• § 23-90-121 - Certain Advertisements, Announcements, and Statements Prohibited -- Exception.
  (a) No person, including an insurer, agent, or affiliate of an insurer shall make, publish, disseminate, circulate, or place before the public, or cause,...
• § 23-90-122 - Rules and Regulations.
  The State Insurance Department is authorized and directed to issue such reasonable rules and regulations as may be necessary to carry out the various...
• § 23-90-123 - Appeal of Orders.
  Any order of the Insurance Commissioner under this chapter may be appealed as provided by § 23-61-307.

Last modified: November 15, 2016