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Ark. Code Ann. § 23-89-211

Total loss settlements

Applied in 1 court decision — leading case 2020 Ark. App. 426 - Earl Betts and Amy Betts v. Usaa General Indemnity Company (2020)

Most recently applied in 2020 Ark. App. 426 - Earl Betts and Amy Betts v. Usaa General Indemnity Company (September 2020)

Acts 1999, No. 1291, § 1; 2001, No. 1553, § 52; 2003, No. 458, § 1; 2005, No. 2211, § 8.

(1) If an insurer settles a claim for damages to an automobile as a total loss to its own insured or a person having a claim against its insured, the insurer shall include with the payment for the loss: All applicable taxes, including sales taxes and fees as required under Rule and Regulation 43 of the State Insurance Department; and

(2) An itemized list stating the amount of the claim attributable to the value of the automobile and attributable to the sales tax on an automobile of that value.

(3) When settling a claim against an insured for damages to an automobile as a total loss, the insurer will take into consideration all applicable taxes, license fees, and other fees.

(4) An insurer may not abandon salvage to a towing or storage facility in lieu of payment of towing and storage fees without the consent of the facility and the insured.

(5) The failure of an insurer to comply with the requirements of subsections (a)-(c) of this section shall be considered an unfair claims settlement practice under § 23-66-206(13).

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.