As the effects vary from state to state, it is important to be aware of what can happen if there is a delay in providing a proof of loss or notice to a carrier in an insurance claim. Some states are more lenient and follow the notice-prejudice rule.1 “The notice-prejudice rule requires that the insurance company can assert late notice as a defense to overage only if the late notice has caused actual prejudice to the insurer.”2 Some states, on the other hand, are much stricter on complying with any deadlines for notice or proof of loss. What can happen in Arkansas if a proof of loss is late?

Continue Reading Late Proof of Loss in Arkansas

An insurer in Arkansas who wrongfully denies a property insurance claim and fails to act in good faith can be subject to a bad faith lawsuit. An article in the Arkansas Law Review, A Survey of Bad Faith Insurance Tort Cases in Arkansas,1 noted the Arkansas first-party bad faith law:

Continue Reading Arkansas Allows Bad Faith Claims For Wrongful Denial of A Property Insurance Claim

Can you imagine your 85-year-old grandmother or your uncoordinated friend who has never climbed a ladder going up on a slanted roof and inspecting it for wind or hail damage after a storm? Most insurance company lawyers argue the position that their client’s customers have to do this to satisfy the requirement that a loss must be reported “promptly.”
Continue Reading Arkansas Insurance Department Recognizes That Policyholders Do Not Normally Climb on Roofs To Inspect For Damage

The Arkansas state motto is “Regnat Populus” which means “The People Rule.” With the state motto in mind, Arkansas policyholders can seek assistance with their insurance claims through the Arkansas Department of Insurance at

When a policyholder has been mistreated by having their claim delayed, denied or handled in bad faith,

On August 1, 2017, The Arkansas Insurance Department issued Bulletin 10-2017 that rescinds Bulletin 13-B-2013.1 Specifically, Bulletin 10-2017 states “any prior communications or notices from the Arkansas Insurance Department. . . that prohibited depreciation of labor, are hereby rescinded.”
Continue Reading New Arkansas Insurance Department Bulletin on Depreciation of Labor

I recently received a request to write about the claims handling guidelines in Arkansas. As always, I am happy to help. The Arkansas Insurance Rules and Regulations state that the “purpose of this rule is to define certain minimum standards which, if violated with such frequency as to indicate a general business practice, will be deemed to constitute unfair claims settlement practices.” Ark. Ins. Rule & Reg. 43 § 1.
Continue Reading Claims Handling Requirements by State – Arkansas

There is a new case out of Arkansas discussing ambiguous terms within policies.1 I have not previously blogged on any matter from Arkansas, so this seemed like a good opportunity. My practice covers mainly the Midwest states, so I don’t want to leave anyone out. So, this is for all of you in the "Land of Opportunity" and in "The Natural State" of Arkansas.

Continue Reading Ambiguous Terms in Arkansas

Last week I laid out some practical information about the statute of limitations for property insurance claims in Texas. In light of the recent showdown at Kyle Field where the Texas Aggies sent the Arkansas Razorbacks packing, I thought it would be great to shed some light on the limitations period of our neighboring state.

Continue Reading The Nuts and Bolts of the Arkansas Statute of Limitations on Property Insurance Claims