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AR SB566

Bill

Status

Introduced

3/14/2019

Primary Sponsor

Jason Rapert

Click for details

Origin

Senate

92nd General Assembly (2019 Regular)

AI Summary

  • Amends Arkansas Code § 23-89-207 to clarify insurer rights of reimbursement and subrogation when an injured party recovers damages in tort from a liable third party.

  • Establishes that insurers have a lien upon tort recoveries to the extent of benefit payments made, with collection costs assessed proportionally between insurer and insured.

  • Grants insurers a right of subrogation when a benefit recipient under § 23-89-202(1) does not pursue recovery against a liable third party.

  • Prohibits liable parties from conditioning settlement or judgment payments on issuing a single check jointly to the injured party and insurance company.

  • Eliminates the common law requirement that an injured party be made whole before an insurer can be reimbursed or exercise subrogation rights; does not affect Workers' Compensation Law rights.

Legislative Description

Concerning An Insurer's Right To Subrogation And Reimbursement For Medical And Hospital Benefits.

Last Action

Sine Die adjournment

4/24/2019

Committee Referrals

Insurance & Commerce3/14/2019

Full Bill Text

No bill text available