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SB350

To Increase The Percentage For Damages On Loss Claims Under An Insurance Policy.

Failed

Last Action (May 1, 2023): Died in House Committee at Sine Die Adjournment

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AI-Generated Summary

Senate Bill 350 amends Arkansas Code § 23-79-208(a)(1) to increase the penalty percentage for insurance companies that fail to pay loss claims within the time specified in a policy after a demand is made. Currently, insurers who default on these payments are liable for an additional twelve percent of the loss amount, along with reasonable attorney's fees. This bill proposes raising that statutory penalty from twelve percent to twenty-five percent. The bill applies to a broad range of insurance entities, including casualty, fidelity, health, life, and property insurance providers. The purpose of the act is to increase the financial liability of insurers that delay or fail to process legitimate loss claims in a timely manner.

Potential Impact Analysis

Who Might Benefit?

The primary beneficiaries of this bill are insurance policyholders, claimants, and their legal representatives. By increasing the penalty for delayed payments, policyholders may experience more prompt claim processing, and those who must pursue legal action to collect on claims stand to receive a significantly higher damage award upon a successful judgment.

Who Might Suffer?

Insurance companies, fraternal benefit societies, and farmers' mutual aid associations operating in Arkansas would be negatively impacted. These entities would face higher financial exposure and increased penalties if they fail to pay claims within the required timeframe, potentially leading to higher operational costs or the need for adjustments in how they manage claim disputes.

Vote Records

Third Reading

March 9, 2023
Yea: 32 Nay: 0 NV: 0 Absent: 3 Passed
View individual votes (35)
Legislator Party Chamber Vote
Jane English Republican Senate Yea
Linda Chesterfield Democrat Senate Yea
Jonathan Dismang Republican Senate Yea
Greg Leding Democrat Senate Yea
Missy Irvin Republican Senate Yea
Bryan King Republican Senate Absent
Kim Hammer Republican Senate Yea
Stephanie Flowers Democrat Senate Yea
Frederick Love Democrat Senate Yea
Terry Rice Republican Senate Yea
Reginald Murdock Democrat Senate Absent
Gary Stubblefield Republican Senate Yea
Jim Dotson Republican Senate Yea
John Payton Republican Senate Yea
Alan Clark Republican Senate Yea
Ronald Caldwell Republican Senate Yea
Bart Hester Republican Senate Yea
Jimmy Hickey Republican Senate Absent
Dan Sullivan Republican Senate Yea
David Wallace Republican Senate Yea
Blake Johnson Republican Senate Yea
Justin Boyd Republican Senate Yea
Clarke Tucker Democrat Senate Yea
Scott Flippo Republican Senate Yea
Clint Penzo Republican Senate Yea
Mark Johnson Republican Senate Yea
Ricky Hill Republican Senate Yea
Breanne Davis Republican Senate Yea
Ben Gilmore Republican Senate Yea
Joshua Bryant Republican Senate Yea
Matt McKee Republican Senate Yea
Jim Petty Republican Senate Yea
Steve Crowell Republican Senate Yea
Tyler Dees Republican Senate Yea
Matt Stone Republican Senate Yea
Read Full Bill on arkleg.state.ar.us