Arkansas Claims Compliance
Key regulatory requirements, correspondence deadlines, and mandated forms for Arkansas (AR).
Quick Reference
Key Deadlines
Requirements
- Mandated Forms
- Catastrophe Rules
- Separate P&C / Life & Health
- Fraud Warning
- Depreciation Notice
- E-Delivery (conditional)
Regulatory Authority
Arkansas Insurance Department (AID)
Phone: (800) 852-5494 or (501) 371-2640; Email: Insurance.Consumers@Arkansas.gov; Website: https://insurance.arkansas.gov/pages/consumer-services/consumer-services/file-a-complaint/
Bad Faith: Ark. Code Ann. § 23-79-208; common law tort of bad faith
Lines of Business
Key Statutes
- Ark. Code Ann. §§ 23-66-201 to 23-66-216 (Trade Practices Act)
- 054.00.15 Ark. Code R. 005 (Rule 43)
Arkansas handles claims correspondence according to specific state regulations. Requirements vary depending on the line of business and specific claim circumstances.
Acknowledgment
Every claim must be acknowledged within 15 business days of receipt. The acknowledgment should identify the insurance policy and coverage at issue.
Denial
A written denial must be issued within 15 business days. The denial must reference the specific policy provisions, conditions, or exclusions relied upon.
Statutory Language
Specific fraud warning required (Ark. Code Ann. § 23-66-206).
LOB-Specific Requirements
Regulatory requirements for Arkansas, grouped by line of business. Select a chip to filter.
- SOL Notice In Denial Required
- Yes
- Unfair Claims Practices Act RefStatutory
- Ark. Code Ann. § 23-66-206(13)
- Prompt Payment Statute RefStatutory
- Ark. Code Ann. § 23-63-107 (excludes personal lines); 054.00.15 Ark. Code R. 005 § 9; Ark. Code Ann. § 23-79-208
- HO Specific Requirements
- For homeowners policies specifically, the right to reasonable attorney's fees arises if the amount recovered is within 30% of the amount demanded in the suit
- Depreciation Notice Required
- Insurers shall not require a claimant to calculate the depreciated value of personal property on forms for proof of loss
- Proof Of Loss Requirements
- Insurers must furnish forms for proof of loss within 20 calendar days after a loss has been reported, or they thereafter waive proof of loss requirements
- Suit Limitation PeriodStatutory
- 5 years (statutory limitation for written contracts); policy provisions requiring shorter time are void (Ark. Code Ann. § 23-79-202)
Arkansas Case Law
Published decisions that shape claim-handling and correspondence practice in Arkansas. Pair these with the statutory deadlines above.
- Case Law
Unum Life Ins. Co. of Am. v. Edwards
210 S.W.3d 84 (2005)
Bad FaithWorkers' CompFailure to Communicate: Merely failing to explain the reason for an initial denial does not rise to the level of maliciousness required for bad faith .
- Case Law
State Auto Prop. & Cas. Ins. Co. v. Swaim, 338 Ark. 49
991 S.W.2d 555 (1999)
Status UpdatesGeneral LiabilityThe Arkansas Supreme Court held that mere negligence, bad judgment, bureaucratic red tape, or a failure to provide a reason for the company's initial refusal of payment does not constitute bad faith. An insurance company commits bad faith only when it affirmatively engages in dishonest, malicious, or oppressive conduct.
- Case Law
S. Farm Bureau Cas. Ins. Co. v. Allen
934 S.W.2d 527 (1996)
Bad FaithCommercial AutoBureaucratic Red Tape and Confusion: "Nightmarish red tape," the use of multiple confusing adjusters, foot-dragging in payment, and miscommunications about what to do with damaged property do not rise to the level of bad faith (State Auto Property and Casualty Ins. Co. v. Swaim, 338 Ark. 49 (1999)) .
- Case Law
Reynolds v. Shelter Mut. Ins. Co., 313 Ark. 145
852 S.W.2d 799 (1993)
Status UpdatesCyberGeneral LiabilityHeld that an insurance company waiting three months to investigate a claim, or failing to act promptly, does not rise to the level of malicious or oppressive conduct required for a bad faith claim. Current Status: Good law; frequently cited to dismiss bad faith claims based on communication delays or lack of investigation. - Moffit v. State Farm Mut. Auto. Ins. Co., 14 F.4th 874 (8th Cir.
- Case Law
Cato v. Arkansas Mun. League Mun. Health Ben. Fund
688 S.W.2d 720 (1985)
Bad FaithCommercial Auto) . If an insurer can demonstrate a good faith legal or factual defense to coverage—even if that defense is ultimately unsuccessful at trial—the bad faith claim must be dismissed as a matter of law .
- Case Law
Aetna Cas. & Sur. Co. v. Broadway Arms Corp., 281 Ark. 128
664 S.W.2d 463 (1984)
Closing LettersStatus UpdatesCyberGeneral LiabilityEstablished the standard for first-party bad faith in Arkansas.
Show 11 more cases
- Case Law
Southern Farm Bureau Cas. Ins. Co. v. Parker, 254 Ark. 329
341 S.W.2d 36 (1960)
Status UpdatesGeneral LiabilityEstablished elements for third-party bad faith/negligence for failure to settle within policy limits, noting that under a duty to defend, the insurer acts as a fiduciary and must act in the best interest of the insured, which implicates a duty to communicate settlement opportunities. Current Status: Good law.
- Case Law
Southern Farm Bureau Casualty Insurance Co. v. Parker
341 S.W.2d 36 (1960)
Bad FaithInland / Ocean Marine. https://law.justia.com/cases/federal/appellate-courts/F2/312/485/53656/
- Case Law
Aetna Casualty & Surety Co. v. Simpson
306 S.W.2d 117 (1957)
Reservation of RightsAuto: https://law.justia.com/cases/arkansas/supreme-court/1957/5-1305-0.html
- Case LawClosing LettersCommercial AutoGeneral Liability
and Parker v. S. Farm Bureau Cas. Ins. Co. (1996) established that the misconduct must be malicious or oppressive .
- Case LawBad FaithGeneral Liability
ruling that the cap violated Article 5, Section 32 of the Arkansas Constitution . As a result, there is no statutory ceiling on punitive damages in Arkansas, and awards are restricted only by federal constitutional due process limitations .
- Case LawStatus UpdatesHomeowners
the court examined a scenario where an insured's home was flooded, and the insurer failed to communicate with the insured's mold remediation contractor regarding coverage confirmation . Because the insurer would not communicate, the contractor delayed the work, causing the mold to worsen .
- Reservation of RightsAuto
the Arkansas Supreme Court answered a certified question from the federal court regarding whether an insurer may rely on a unilateral reservation of rights letter to recoup attorney's fees and costs after winning a declaratory judgment action .
- Case LawClosing LettersCommercial Auto
established that the misconduct must be malicious or oppressive .
- Case LawReservation of RightsCyberProfessional Liability
. In that case, an insured school district failed to report a claim within the policy's reporting period. The insurer initially provided a defense but later denied coverage. The insured argued that the insurer waived its right to deny coverage by providing the defense and delaying its denial.
- Case LawStatus UpdatesHomeowners
In Reynolds, the policyholders filed a claim after their property was damaged, allegedly by the weight of ice and snow . Shelter Mutual Insurance initially failed to investigate the claim entirely .
- Case LawBad FaithGeneral Liability
State Auto Prop. & Cas. Ins. Co. v. Swaim, 338 Ark. 49 (1999), FindLaw.
Historical court cases are for reference only and may be superseded, distinguished, or abrogated.
Applicable Letter Templates
No letter templates currently found for this jurisdiction.