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LINE OF BUSINESS: |
Workers Compensation |
LINE(S) OF INSURANCE |
CODES |
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& Employers Liability |
Standard Workers Compensation |
16.0004 |
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Employers Liability |
16.0002 |
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Code:
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16.0000 |
Alternative Workers' Compensation |
16.0001 |
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IF CHECKLIST IS NOT APPLICABLE, PLEASE EXPLAIN: |
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REVIEW REQUIREMENTS |
REFERENCE |
DESCRIPTION OF REVIEWSTANDARDS REQUIREMENTS |
LOCATION OF STANDARD IN FILING |
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GENERAL REQUIREMENTS |
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FOR ALL FILINGS |
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COPIES, RETURN ENVELOPES, ETC |
Rule & Reg 23—12/18/02. This reg is scheduled to change in 2003. |
Include 1 copy of transmittal header (or cover letter) for each company included in filing and a return copy for the company. Include a self-addressed, postage paid envelope large enough to accommodate the return copy. |
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COVER LETTER AND EXPLANATORY MEMORANDUM |
Rule & Reg 23—12/18/02. This reg is scheduled to change in 2003. |
12/18/02—At this time Arkansas will accept the abstracts required in current Rule and Reg 23 or the NAIC Uniform Transmittal Document and its related forms. If the Uniform Transmittal document is used, no cover letter is necessary. |
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EFFECTIVE DATE WORDING |
(C)(i) Every filing must be submitted for approval to the commissioner at least thirty (30) days prior to the proposed effective date. (ii) Upon written request of the filer, the commissioner may authorize an earlier effective date. |
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LIMITATIONS/RESTRICTIONS ON TRANSACTING BUSINESS |
Companies transacting WC must be licensed and pay a qualifying fee of $500.00 before they may transact WC business. |
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LINE OF AUTHORITY |
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“(a) As used in the Arkansas Insurance Code, unless the context otherwise requires, "casualty insurance" includes: ….(3) Workers' Compensation and Employer's Liability. Insurance of the obligations accepted by, imposed upon, or assumed by employers under law for death, disablement, or injury of employees; …” |
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NO FILE OR FILING EXEMPTIONS |
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Excess WC--Not really WC. It is reported under "Other Liability". Ok to be written by a SL company. We do not review Excess WC forms per 23-79-109(a)(1)(A). Rates/rules exempt by Bulletin 6-99. |
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NAIC # |
NAIC #s are required on all correspondence, documents, reports, etc. filed by the insurer with the AR Insurance Dept. |
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THIRD PARTY FILERS AUTHORITY |
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A third party filer must be given permission by insurer to file on their behalf. No specific code cite. |
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FORMS: POLICY PROVISIONS: |
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ACCESS TO COURTS |
23-79-203. Trial by jury.(a) No insurance policy or annuity contract shall contain any condition, provision, or agreement which directly or indirectly deprives the insured or beneficiary of the right to trial by jury on any question of fact arising under the policy or contract. (b) All such provisions, conditions, or agreements shall be void. |
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AGGREGATE LIMITS |
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In Arkansas, statutory Workers' Comp policies include Employer liability coverage. It is not a separate policy. The normal limits are $100,000 by accident, $100,000 by disease, $500,000 total. Employers' liability MAY be sold on a stand-alone business in which the employer is not required by law to carry WC. Increased limits are available--given in the NCCI basic manual. |
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APPLICATIONS |
23-79-109. Filing and approval of forms. (a)(1)(A) No basic insurance policy, or annuity contract form, or application form where written application is required and is to be made a part of the policy or contract, or printed rider or endorsement form or form of renewal certificate, shall be issued, delivered, or used as to a subject of insurance resident, located, or to be performed in this state unless the form has been filed with and approved by the Insurance Commissioner and, in the case of individual accident and health contracts, the rates have been filed with and approved by the commissioner. |
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APPRAISALS |
23-79-203. Trial by jury.(a) No insurance policy or annuity contract shall contain any condition, provision, or agreement which directly or indirectly deprives the insured or beneficiary of the right to trial by jury on any question of fact arising under the policy or contract. (b) All such provisions, conditions, or agreements shall be void. |
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ARBITRATION |
Trial by jury.(a) No insurance policy or annuity contract shall contain any condition, provision, or agreement which directly or indirectly deprives the insured or beneficiary of the right to trial by jury on any question of fact arising under the policy or contract. (b) All such provisions, conditions, or agreements shall be void. |
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ASSESSIBLE POLICIES |
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BLANK ENDORSEMENTS |
Forms must be filed. A form without specific language is not a complete form and can't be approved. However, we will consider approving a "blank" form if the company will provide a detailed description of how the form will be used. |
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CANCELLATION & NON-RENEWAL NON-RENEWAL
CHANGE ON JULY 16, 2003 SEE NON-RENEWAL
BELOW FOR THE CHANGES |
(b) CANCELLATION. (1) An employer may cancel coverage with a carrier by giving the carrier at least thirty (30) days’ notice, unless a shorter period is permitted under subdivision (b)(1)(B) of this section. (A) Cancellation of coverage is effective at 12:01 a.m. thirty (30) days after the date the cancellation notice is received by the carrier, unless a later date is specified in the notice to the carrier. (B)(i) An employer may cancel coverage effective less than thirty (30) days after written notice is received by the carrier where the employer obtains other coverage or becomes a self-insurer. (ii) A cancellation under this subdivision is effective immediately upon the effective date of the other coverage or upon authorization as a self-insurer. (2)(A) A notice of cancellation from the carrier shall state the hour and date that cancellation is effective. (B) A carrier shall not cancel coverage issued to an employer under this chapter prior to the date specified for expiration in the policy or contract or until at least thirty (30) days have elapsed after a notice of cancellation has been mailed to the commission and to the employer, or until ten (10) days have elapsed after the notice has been mailed to the employer and to the commission if the cancellation is for nonpayment of premium. (C) However, if the employer procures other insurance within the notice period, the effective date of the new policy shall be the cancellation date of the old policy. (3) Cancellation of coverage by an employer or a carrier shall in no way limit liability that was incurred under the policy or contract prior to the effective date of cancellation. |
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Calculation of Unearned/Return Premium |
“(h) On and after January 1, 1990, every property and casualty policy shall contain a provision stating the method to be utilized in computing premium refunds in the event of cancellation of the policy by the insured or the insurer.” |
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Cancellation-indiscriminate
& capricious cancellation or nonrenewal by insurers NON-RENEWAL
CHANGE ON JULY 16, 2003 SEE NON-RENEWAL BELOW FOR THE CHANGES |
Directive 1-85 |
Directive 1-85 primarily states the Dept. position on cancellations & nonrenewals. It deals with policies in effect more than 60 days, policyholders forced to suffer cancellation or nonrenewal when a company decides they wish to restrict writing in an area, termination of agent/agency contracts, etc. Bulletin 13-85 emphasizes the Dept. position stated in Directive 1-85. Both Directive and Bulletin are too long to provide here but are available by email or fax by contacting the P&C Division (501-371-2800). |
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Conditional Renewal CONDITIONAL RENEWAL
CHANGE EFF. ON JULY 16, 2003 |
Act 1790 of 2003PDF |
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Minimum Retained Premium |
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 the parties to the contract; (2) The subject of the insurance; (3) The risks insured against; (4) The time when the insurance thereunder takes effect and the period during which the insurance is to continue; (5) The premium or premium deposit; (6) The policy fee, if any; (7) The minimum premium to be retained, if any, by a property or casualty insurer in the event of cancellation of the policy by the insured; and (8) The conditions pertaining to the insurance. |
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Notice of Cancellation |
30 days notice for all reasons other than nonpayment; 10 days for nonpayment. |
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Notice of Non-renewal NON-RENEWAL
CHANGE EFFECTIVE ON JULY 16, 2003 |
Directive 1-85 Act 1790 of 2003 pdf |
Directive 1-85 primarily states the Dept. position on cancellations & nonrenewals. It deals with policies in effect more than 60 days, policyholders forced to suffer cancellation or nonrenewal when a company decides they wish to restrict writing in an area, termination of agent/agency contracts, etc. Bulletin 13-85 emphasizes the Dept. position stated in Directive 1-85. Both Directive and Bulletin are too long to provide here but are available by email or fax by contacting the P&C Division (501-371-2800). |
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Permissible Reasons for Cancellation |
Directive 1-85 |
There is nothing SPECIFIC to WC but Directive 1-85 primarily states the Dept. position on cancellations & nonrenewals. It deals with policies in effect more than 60 days, policyholders forced to suffer cancellation or nonrenewal when a company decides they wish to restrict writing in an area, termination of agent/agency contracts, etc. Bulletin 13-85 emphasizes the Dept. position stated in Directive 1-85. Both Directive and Bulletin are too long to provide here but are available by email or fax by contacting the P&C Division (501-371-2800). |
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Permissible Reasons for Non-renewal |
Directive 1-85 |
There is nothing SPECIFIC to WC but Directive 1-85 primarily states the Dept. position on cancellations & nonrenewals. It deals with policies in effect more than 60 days, policyholders forced to suffer cancellation or nonrenewal when a company decides they wish to restrict writing in an area, termination of agent/agency contracts, etc. Bulletin 13-85 emphasizes the Dept. position stated in Directive 1-85. Both Directive and Bulletin are too long to provide here but are available by email or fax by contacting the P&C Division (501-371-2800). |
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Required Policy Period |
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 the parties to the contract; (2) The subject of the insurance; (3) The risks insured against; (4) The time when the insurance thereunder takes effect and the period during which the insurance is to continue; (5) The premium or premium deposit; (6) The policy fee, if any; (7) The minimum premium to be retained, if any, by a property or casualty insurer in the event of cancellation of the policy by the insured; and (8) The conditions pertaining to the insurance. |
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Return Premium |
“(h) On and after January 1, 1990, every property and casualty policy shall contain a provision stating the method to be utilized in computing premium refunds in the event of cancellation of the policy by the insured or the insurer.” |
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CERTIFICATIONS |
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AR is a pilot state for self-certification. However, the forms required have not been developed. Contact Property & Casualty for additional info at (501)-371-2800. |
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CONSUMER INFORMATION |
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Credit Scoring Notice |
Not applicable |
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Privacy Notice |
Not applicable |
Arkansas Privacy Act is not applicable to WC. |
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VSI Warning |
Not Applicable |
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Notification Form |
Requires the address & phone # of the Arkansas Insurance Dept in every policy. The correct address is: Arkansas Insurance Dept., Consumer Services Division, 1200 W. 3rd St., Little Rock, AR 72201-1904; Telephone 800-852-5494 or 501-371-2640 |
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CONTENT OF POLICIES |
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(a) CONTENTS. Every policy or contract of insurance issued by a carrier to an employer to secure the payment of compensation under this chapter shall contain: (1)(A) Provisions that identify the insured employer and either identify each covered employee or describe covered employees by class or type of labor performed and the estimated number of employees of each such class or type. (B) No single policy of workers’ compensation insurance may be issued to any group of employers who are unaffiliated with one another in terms of ownership, control, or right to participate in the profits of the affiliated enterprises; (2) Provisions that insolvency or bankruptcy of the employer or discharge therein shall not relieve the carrier from payment of compensation for compensable injuries sustained by an employee during the term of the policy or contract; (3)(A) The agreement of the carrier that it will promptly pay to the person entitled to compensation every installment of compensation that may be awarded or agreed upon and that this obligation shall not be affected by any default of the employer or by any default in the giving of any notice required by the policy or otherwise. (B) The agreement shall be construed to be a direct obligation by the carrier to the person entitled to compensation, enforceable in that person’s name; and (4) Such other provisions as the department allows or requires carriers to include in workers’ compensation policies as otherwise provided at § 23-67-101 et seq. |
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COUNTERSIGNATURES |
Not Applicable |
Resident countersignature requires were repealed several years ago. |
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DECLARATIONS PAGE |
No specific requirements |
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DISCLOSURES |
XIII. Notification to Policyholders of Accident Prevention Services Each workers' compensation insurance policy delivered or issued for delivery in Arkansas shall contain the following notice on the front of the declarations page in at least 10 point bold type: [Name of carrier] is required by law to provide its policyholders with certain accident prevention services as required by Ark. Code Ann. Sec. 11-9-409(4)(c) at no additional cost. If you would like more information call [carrier's loss control division or provider's telephone number]. If you have any questions about this requirement, call the Health and Safety Division, Arkansas Workers' Compensation Commission at 1-800-622-4472. |
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DISCRIMINATION |