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Ark. Code Ann. § 23-88-106

Expense depreciation applicable when determining value of damaged property in insurance policies — Definitions

Applied in 4 court decisions — leading case Stuart ex rel. Situated v. State Farm Fire & Cas. Co. (2018)

Most recently applied in Sproull v. State Farm Fire and Casualty Co. (September 2021)

Acts 2017, No. 279, § 1.

How often courts cite this section

20182020202110
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) As used in this section: “Damaged property” means a damaged dwelling, a damaged structure, damaged personal property, or any other damaged property or service, the damage to which is covered under the terms of an insurance policy; and

(2) “Expense depreciation” means depreciation, including but not limited to the cost of goods, materials, labor, and services necessary to replace, repair, or rebuild damaged property.

(3) An insurance policy covering damaged property: May allow for expense depreciation; and

(4) Shall provide notice within the insurance policy in a form approved by the Insurance Commissioner that expense depreciation may be deducted.

(5) If expense depreciation is applied to a loss for damaged property, the insurer shall provide a written explanation as to how the expense depreciation was calculated.

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.