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SB545

To Create Standards For The Evaluation Of Claims; And To Ensure Good Faith And Fair Dealing In The Business Of Insurance.

Failed

Last Action (May 1, 2023): Sine Die adjournment

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AI-Generated Summary

Senate Bill 545 establishes specific regulatory standards for how insurance companies document, investigate, evaluate, and settle claims in Arkansas. The bill mandates that insurers maintain comprehensive and accurate claim files subject to examination by the Insurance Commissioner. It sets strict timelines for the investigation of claims, generally requiring completion within 45 days, with a maximum allowable extension of 30 days. The legislation prohibits unfair practices, such as misrepresenting evidence, altering files, or providing financial incentives to employees for denying or underpaying claims. Additionally, it creates new standards for the appraisal process in first-party property insurance disputes, including requirements for the impartiality of appraisers and umpires and the prohibition of ex parte communications. The bill requires insurers to treat policyholders with equal regard and prohibits treating the claim evaluation process as adversarial. It also requires insurers to clearly communicate the reasons for any claim denials.

Potential Impact Analysis

Who Might Benefit?

The primary beneficiaries are individual and commercial policyholders in Arkansas. By mandating stricter documentation, faster investigation timelines, and neutral appraisal processes, the bill aims to ensure that consumers receive fair treatment and timely payments for valid insurance claims. It provides policyholders with more transparency regarding claim decisions and stronger protections against potentially bad-faith tactics by insurance companies.

Who Might Suffer?

Insurance companies operating in Arkansas would be most negatively impacted, as they would face increased regulatory burdens, stricter compliance requirements, and potential legal or administrative risks if they fail to meet the new standards for claim handling. These entities would likely incur higher operational costs related to document retention, staff training, and the management of more rigorous appraisal processes. Additionally, claims adjusters and appraisal professionals would be subject to more stringent rules regarding their impartiality and communication practices, which may limit their existing operational flexibility.

Read Full Bill on arkleg.state.ar.us