Ark. Code Ann. § 23-89-207

Insurer's right of reimbursement

Applied in 11 court decisions — leading case Shelter Mutual Insurance v. Bough (1992)

Most recently applied in Ryder v. State Farm Mutual Automobile Insurance (November 2007)

Acts 1973, No. 138, § 6; A.S.A. 1947, § 66-4019; Acts 2005, No. 269, § 1.

How often courts cite this section

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) Whenever a recipient of benefits under § 23-89-202(1) and (2) recovers in tort for injury, either by settlement or judgment, the insurer paying the benefits has a right of reimbursement and credit out of the tort recovery or settlement, less the cost of collection, as defined.

(2) All cost of collection thereof shall be assessed against the insurer and insured in the proportion each benefits from the recovery.

(3) The insurer shall have a lien upon the recovery to the extent of its benefit payments.

(4) The insurer for the party who is liable in damages to the injured party shall not condition settlement or payment of a judgment in favor of the injured party upon issuing a single check jointly to the injured party and the injured party's insurance company.

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.