Arkansas requires all personal lines forms to be approved prior to use in this State. The Department has 30 days after a form submission is accepted for filing to either approve or disapprove the filing. By notifying the insurance company submitting the forms, we can, however, add an additional 30 days of review time. This is rare and is used only when novel concepts or issues of first impression are presented by the filing. If we approve the form or fail to disapprove or exercise the additional review period within 30 days after the submission is filed, the forms may be used without further action on the part of the insurance company.
We require all personal lines and professional liability rate submission to be accepted for filing at least 20 days prior to their effective dates. We may only disapprove a rate filing if it is excessive, inadequate, unfairly discriminatory or violates the states various laws relating to rates and rating classification plans.
Workers’ Compensation and employer liability rates must be approved by the Department before they can be used by an insurance company. Act 458 of 1999 eliminated rate filing requirements for commercial lines, with the exception of workers’ compensation and employers’ liability and professional liability.
***NEW*** Workers Compensation – Individual Risk or Consent-to-Rate Filings: The Department has discovered inconsistencies in the filing methods we have been allowing regarding individual risk filings and/or consent-to-rate filings. Effective December 1, 2016, we will require all such filing be submitted through SERFF with a filing fee of $50. Examples of acceptable forms to use for these filings are provided in SERFF. Companies may develop their own versions as long as all the information in the example forms is included.
This same Act created a class of insureds referred to as “large commercial risks”. Rates and policy forms designed for use for this limited group of commercial insureds are also exempt from review.
Filing Fee Information for Property & Casualty Filings
RULE 57 FILING FEES: All fees are per filing, not per company or per form. The fee is for any number of forms, any number of companies, i.e. 20 forms 2 companies is only one fee. There is an error in our filing fee rule that is currently being corrected. It says form fees are "per form" which is incorrect. It is per filing.
The correct fees are:
- Form filing (new or corrections) Fee - $50
- Rate, loss cost, changes to loss cost multiplier, or independent rate filing - $100
- Loss cost, adopting advisory org loss costs with no change to loss cost multiplier - $50
- Rule adopting advisory org reference or item filing - $50
- Rules - independent rule filing - $50
Arkansas is not a retaliatory fee state for property & casualty lines of insurance.
Electronic Funds Transfers (EFT) are required and due at the time of submission of the filing through SERFF.
Effective April 27, 2015, Arkansas will allow the re-opening of closed filings or post-submission updates on closed filings for minor corrections, scrivener’s errors, and amendments. Changes to filing effective dates on closed filings will be allowed upon request using a “note to reviewer” or “post-submission updates”.
Substantive amendments/additions to closed filings must be made in a new filing with the appropriate fee.
Additional information regarding fees and filing requirements:
- Rule 57, §5, subsection II(a)(7), Filing Corrections
- Rule 57, §24, subsection, Scrivener’s Errors
- Rule 23, Property & Casualty Rate and Form Filings
- ACA §§23-67-201 et seq. and ACA §§23-79-101 et seq. (Arkansas Insurance Code)
Important Notices and Data Reports
The following links are designed to provide those who file rates and forms with legal resources and product checklists:
- NAIC Product Requirements Locator Database – contains Arkansas checklist in a searchable database by product type. This database also contains the requirements from several other states so that the product filer can more efficiently file in two or more jurisdictions.
- Legal Resources for P & C Companies - contains links to information relating to property or casualty insurance including the Arkansas Code, Rules, Directives, Bulletins, Workers' Compensation Code, and Orders specific to property and casualty.
- Information on policy forms and rate filings – Rates and Forms that have been filed with the Department since July 1, 2002, can be searched using the database available through this link.
- SERFF - System for Electronic Rate and Form Filing - SERFF provides improved efficiency through today's technology to the rate and form filing process. Insurance companies are able to file forms electronically and reduce the time and cost involved in making regulatory filings.
- Effective immediately SERFF filings containing multiple Types of Insurance (TOI), commonly referred to as commercial package filings (for review purposes), will no longer be accepted. Such filings have resulted in the approval of lines that are not in compliance with the defense outside the limits requirements or applicable exemption order requirements. Refer to Directive 3-2011 for details.
- We also participate in the NAIC Uniform Product Coding Matrix for describing lines of insurance when making a rate or form filing. Sometimes special situations arise that require a specific transmittal header. Those can be found attached to the bulletin which pertains to the special situation. An example of such a situation are the two bulletins that were issued due to issues arising from 9/11 and from the subsequent TRIA legislation. You can also check the IMPORTANT NOTICES for other special situations when they arise.
- Self-Certification Program for Form Filings – As of June 1, 2003, Arkansas is participating under an alternative form filing program that provides an insurance company the option of certifying that a form filing complies with all Arkansas laws for the particular filing. It is recommended only for routine filings and not for filings that may contain controversial or new products. The Certification Form can be downloaded here.
- Arkansas Earthquake Authority Act of 1999 - A Market Assistance Program (MAP) has been developed as a result of the Arkansas Earthquake Authority Act of 1999, A.C.A. 23-102-101 et seq. (Arkansas Code). The MAP is designed to assist consumers who are unable to find residential earthquake insurance through traditional sources. Additional information is available by calling 1-800-852-5494 or by clicking on the following link, (NOTICE: you will be re-directed the website of the insurance producer managing the MAP coverages) MAP quotes.
- Earthquake Market Analysis - due Annually April 1st (XLS form)
- Information on Surplus Lines - When licensed insurers are unwilling or unable to provide needed coverage, consumers can secure coverage with an approved surplus line insurer (also know as a “non-admitted” insurer) through a licensed surplus line broker. Individuals or corporations may secure insurance coverage directly from a non-admitted insurer. This coverage is considered "self-procured." To view the Rule and Regulation regarding surplus lines coverage click here (RULE 24)
- Licensed Advisory Organization - Advisory Organization or Rate Service Organization are “any entity which either has two (2) or more member insurers or is controlled either directly or indirectly by two (2) or more insurers, licensed under § 23-67-214, and which assists insurers in ratemaking-related activities such as those enumerated in § 23-67-216 or two (2) or more insurers having a common ownership or operating in this state under common management or control constitute a single insurer for the purpose of this definition. Click the above link for a list and brief description of each advisory organization licensed in Arkansas.
- Property and Casualty Data – Insurance data and reports relating to property and casualty lines of insurance
- Lines of Business – A complete list of all Arkansas lines of business with the analyst’s name, telephone number, fax number and email address in PDF format.
- Company Search (click here to verify company licensure in Arkansas)
HELPFUL PHONE NUMBERS:
Arkansas Rural Risk Underwriting Association
1-800-272-6588 (Arkansas only)
1-800-233-2398 (out of state)
Arkansas Automobile Insurance Plan
(Agents only...Consumers must access this plan through their insurance agent)
Earthquake Market Assistance Program