Loading chat...
AR HB2203
Bill
Status
5/17/2013
Primary Sponsor
Andrea Lea
Click for details
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