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AR HB2203

Bill

Status

Failed

5/17/2013

Primary Sponsor

Andrea Lea

Click for details

Origin

House of Representatives

89th General Assembly (2013 Regular)

AI Summary

  • Amends Arkansas Code § 23-79-146 to clarify that subrogation and reimbursement rights for property and casualty insurers, accident and health insurers, and health maintenance organizations are controlled and defined by the insurance contract terms.

  • Establishes that subrogation and reimbursement rights arise at the time of first payment of benefits or provision of services to an insured or covered person.

  • Caps an insurer's share of collection costs and attorney's fees at 25% of the amount the insurer recovers through reimbursement in both single-insurer and multi-insurer scenarios.

  • Makes parallel amendments to Arkansas Code § 23-89-207 (automobile insurance) and § 23-89-405 (uninsured/underinsured motorist coverage) to establish the same contract-controlled framework for subrogation and reimbursement rights.

  • Specifies that insurance contract terms, policy language, and conditions are controlling and binding on insureds, their agents, beneficiaries, assigns, and derivative claim holders.

Legislative Description

To Provide That The Subrogation And Reimbursement Rights Of Parties To An Insurance Contract Are To Be Defined By The Contract.

Last Action

Died in House Committee at Sine Die adjournment.

5/17/2013

Committee Referrals

Insurance and Commerce3/12/2013

Full Bill Text

No bill text available