HB1811
To Amend Property And Casualty Law; And To Require Reasonable Proof Of Payment Of A Deductible To Recoup Recoverable Depreciation Under Property And Casualty Law.
Last Action (March 17, 2025): Recommended for study in the Interim by the Committee on INSURANCE & COMMERCE- HOUSE
Sponsors
AI-Generated Summary
House Bill 1811 amends Arkansas property and casualty insurance law to mandate that policyholders provide reasonable proof of payment of their insurance deductibles before they can recover withheld depreciation or replacement cost holdbacks. The bill defines 'reasonable proof of payment' to include documents such as canceled checks, credit card statements, money order receipts, or executed installment plan contracts. It explicitly establishes that failing to pay a deductible, waiving a deductible, or offering a rebate in lieu of a deductible constitutes a fraudulent insurance act. Insurers are granted the authority to withhold replacement cost payments until the policyholder verifies the deductible has been paid. Individuals or entities violating these provisions are subject to the penalties outlined in the Arkansas Trade Practices Act.
Potential Impact Analysis
Who Might Benefit?
Property and casualty insurance companies are the primary beneficiaries, as the bill provides a clear legal mechanism to ensure that deductibles are collected, thereby reducing the risk of insurance fraud and protecting the integrity of policy terms. Additionally, the legislation provides standardized clarity for insurance adjusters and administrative personnel in processing recoverable depreciation claims.
Who Might Suffer?
Policyholders who are unable to pay their insurance deductibles upfront may be negatively impacted, as they will be unable to access withheld recoverable depreciation or replacement cost funds until they can provide proof of payment. Contractors or service providers who might previously have offered to waive or absorb deductibles to secure work with property owners would also be negatively impacted, as such practices are explicitly classified as fraudulent under this bill.
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