Ark. Code Ann. Title 23, Subtitle 3, Chapter 89, complete chapter, 50 sections, 23-89-101 to 23-89-518: Casualty Insurance

What this document is

Ark. Code Ann. Title 23, Subtitle 3, Chapter 89 - Casualty Insurance (complete chapter, 50 sections, 23-89-101 to 23-89-518) is a state statute published by Arkansas Code Revision Commission / Bureau of Legislative Research; Arkansas Code Annotated public access edition published by LexisNexis (advance.lexis.com). It is one of the Arkansas documents that insurance license exam questions are written from, including arkansas property & casualty practice questions. This page summarizes it and points to the official version, which is the text to rely on.

Sections cited in practice questions

Each practice answer shows the exact passage it comes from. These are sections of this document that questions cite, with a short excerpt from the source text.

• Ark. Code Ann. § 23-89-204 (Coverage for passengers and persons struck by insured vehicle)

  “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 other. (b) However, the...”

• Ark. Code Ann. § 23-89-209(b) (Underinsured motorist coverage)

  “(1) Underinsured motorist coverage as described in this section shall not be available to insureds nor shall insurers be mandated to offer that coverage unless the insured has elected uninsured motorist coverage as provided by § 23-89-403 . (2) Underinsured motorist coverage shall not be issued...”

• Ark. Code Ann. § 23-89-305(c), (d) and (e) (Notice required before renewal or nonrenewal)

  “(c) Unless a statement of the grounds for nonrenewal accompanies or is included in the notice of nonrenewal, the notice of nonrenewal shall state or be accompanied by a statement that the insurer shall specify the grounds for the nonrenewal upon written request of the named insured if the request...”

• Ark. Code Ann. Sec. 23-89-207 (Insurer's right of reimbursement)

  “(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. (b) All cost of...”

• Ark. Code Ann. Sec. 23-89-403(a)(3)(A) and (B) (Bodily injury coverage required)

  “(3) (A) Should a named insured or applicant purchase third-party liability coverage in greater limits than the minimum provided in § 27-19-605 , the insurer shall have available and the agent shall offer a named insured or applicant coverage required under this section in limits up to his or her...”

• Ark. Code Ann. Sec. 23-89-404(a) (Uninsured motorist property damage coverage)

  “(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 hundred dollars ($200)....”

• Ark. Code Ann. § 23-89-203 (Rejection of coverage)

  “(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 any insured in any...”

• Ark. Code Ann. § 23-89-214 (Motor vehicle liability insurance, prohibition regarding step-downs)

  “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 a driver other than the insured.”

• Ark. Code Ann. § 23-89-215 (Priority of primary motor vehicle liability insurance coverage)

  “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 within the scope of...”

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