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Ark. Code Ann. § 16-64-130

Punitive damage — Contract involving financial institutions

Applied in 1 court decision — leading case Bank of America, N.A. v. C.D. Smith Motor Co. (2003)

Most recently applied in Bank of America, N.A. v. C.D. Smith Motor Co. (May 2003)

Acts 1991, No. 532, § 1.

(1) For the purposes of this section, the term “financial institutions” means banks, savings and loan associations, and credit unions located within the State of Arkansas and which are insured by an agency of the federal government.

(2) This section shall be applicable in civil actions in which a claim is asserted against a financial institution, whether by complaint, counterclaim, third party complaint, or other pleading. If a claim asserted against a financial institution is determined by the court to be a breach of contract claim arising out of a loan of money or other extension of credit by the financial institution to the person asserting the claim, then punitive damages shall not be awarded to the person asserting the claim unless it is found that the person asserting the claim suffered personal injury or physical damage to property as a result of the financial institution's alleged action or inaction.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.