SB350
To Increase The Percentage For Damages On Loss Claims Under An Insurance Policy.
Last Action (May 1, 2023): Died in House Committee at Sine Die Adjournment
Sponsors
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, 2023View 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 |
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