Accident and Health Insurance

What this document is

Ark. Code Ann. Title 23, Subtitle 3, Chapter 85 - Accident and Health Insurance (complete chapter, §§ 23-85-101 to 23-85-140) is a state statute published by Arkansas Bureau of Legislative Research / Arkansas Code Revision Commission, public access edition published by LexisNexis. It is one of the Arkansas documents that insurance license exam questions are written from, including arkansas life & health 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. § 23-85-107(c) (Alternative Incontestable Provision)

  “A policy which the insured has the right to continue in force subject to its terms by the timely payment of premium until at least fifty (50) years of age or, in the case of a policy issued after forty-four (44) years of age, for at least five (5) years from its date of issue, may contain in lieu...”

• Ark. Code Ann. § 23-85-119 (Change of Occupation)

  “There may be a provision as follows: “Change of Occupation: If the insured is injured or contracts sickness after having changed his occupation to one classified by the insurer as more hazardous than that stated in this policy or while doing for compensation anything pertaining to an occupation so...”

• Ark. Code Ann. § 23-85-102 (Scope)

  “Nothing in this section and §§ 23-85-101, 23-85-103 - 23-85-134, 23-85-136, and 23-85-137 shall apply to or affect: (1) Any policy of liability or workers' compensation insurance with or without supplementary expense coverage therein; (2) Any group or blanket policy;”

• Ark. Code Ann. § 23-85-111 (Claim Forms)

  “There shall be a provision as follows: “Claim Forms: The insurer, upon receipt of a notice of claim, will furnish to the claimant such forms as are usually furnished by it for filing proofs of loss. If such forms are not furnished within fifteen (15) days after the giving of such notice the...”

• Ark. Code Ann. § 23-85-105(a)(3) (required provisions: minimum benefit provisions)

  “For the purpose of protecting the public against misrepresentations and misleading representations regarding the benefits provided in any policy of accident and health insurance, the commissioner is directed to prescribe minimum benefit provisions that shall be included in and made a part of every...”

• Ark. Code Ann. § 23-85-114(a) (Payment of Claims)

  “Indemnity for loss of life will be payable in accordance with the beneficiary designation and the provisions respecting such payment which may be prescribed herein and effective at the time of payment. If no such designation or provision is then effective, such indemnity shall be payable to the estate of the insured.”

• Ark. Code Ann. § 23-85-104(4)(C) (scope and format of policy: electronic transmission forms)

  “(C) The appearance of text in forms developed for electronic transmission shall comply with rules developed by the Insurance Commissioner.”

• Ark. Code Ann. § 23-85-106 (Entire Contract; Changes)

  “No change in this policy shall be valid until approved by an executive officer of the insurer and unless such approval be endorsed hereon or attached hereto. No agent has authority to change this policy or to waive any of its provisions.”

• Ark. Code Ann. § 23-85-114(b)(1) (optional facility of payment clause)

  “If any indemnity of this policy shall be payable to the estate of the insured, or to an insured or beneficiary who is a minor or otherwise not competent to give a valid release, the insurer may pay such indemnity, up to an amount not exceeding $........... (insert an amount which shall not exceed...”

• Ark. Code Ann. § 23-85-101 (Franchise plan defined)

  “Accident and health insurance on a franchise plan is declared to be that form of accident and health insurance issued to: (1) Five (5) or more employees of any corporation, copartnership, or individual employer or any governmental corporation, agency, or department thereof; or (2) Ten (10) or more...”

• Ark. Code Ann. § 23-85-108(b) (Grace Period; nonrenewal notice wording)

  “A policy in which the insurer reserves the right to refuse renewal shall have, at the beginning of the provision set forth in subsection (a) of this section: “Unless, not less than thirty (30) days prior to the premium due date, the insurer has delivered to the insured or has mailed to his last...”

• Ark. Code Ann. § 23-85-116 (Legal Actions)

  “There shall be a provision as follows: “Legal Actions: No action at law or in equity shall be brought to recover on this policy prior to the expiration of sixty (60) days after written proof of loss has been furnished in accordance with the requirements of this policy. No such action shall be...”

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