§ 23-101-103 — Definitions

As used in this chapter: (1) "Actual cash value" means the cost of replacing damaged or destroyed property with comparable new property, minus depreciation and obsolescence; (2) "Blanket insurance" means insurance that provides coverage on collateral as defined in a policy issued to a creditor, without specifically listing the collateral covered; (3) "Collateral" means personal property that is pledged as security for the satisfaction of a debt; (4) "Commissioner" means the Insurance Commissioner, his or her deputies, and employees; (5) "Credit agreement" means the written document that sets forth the terms of the credit transaction and includes the security agreement; (6) "Credit transaction" means a transaction by the terms of which the repayment of money loaned or credit commitment made, or payment of goods, services, or properties sold or leased, is to be made at a future date or dates; (7) "Creditor" means the lender of money or vendor or lessor of goods, services, property, rights, or privileges for which payment is arranged through a credit transaction, or any successor to the right, title, or interest of a lender, vendor, or lessor; (8) (A) "Creditor-placed insurance" means insurance that is purchased unilaterally by the creditor, who is the named insured, subsequent to the date of the credit transaction, providing coverage against loss, expense, or damage to collateralized personal property as a result of fire, theft, collision, or other risks of loss that would either impair a creditor's interest or adversely affect the value of collateral covered by limited dual interest insurance. (B) Creditor-placed insurance is purchased according to the terms of the credit agreement as a result of the debtor's failure to provide required physical damage insurance with the cost of the coverage being charged to the debtor. (C) Creditor-placed insurance shall be either single interest insurance or limited dual interest insurance; (9) "Debtor" means the borrower of money or a purchaser or lessee of goods, services, property, rights, or privileges, for which payment is arranged through a credit transaction; (10) "Insurance tracking" means monitoring evidence of insurance on collateralized credit transactions to determine whether insurance required by the credit agreement has lapsed and communicating with debtors concerning the status of insurance coverage; (11) "Insurer" means an insurance company, association, or exchange authorized or approved to issue insurance policies regulated by this chapter in the State of Arkansas; (12) "Lapse" means that the insurance coverage required by the credit agreement is not in force; (13) (A) "Limited dual interest insurance" means insurance purchased by the creditor to insure its interest in the collateral securing the debtor's credit transaction. (B) Limited dual interest insurance waives the three (3) conditions for loss payment under single interest insurance and extends coverage on the collateral, to the extent provided in § 23-101-110(a) , in the possession of the debtor; (14) "Loss ratio" means the ratio of incurred losses to earned premium; (15) "Net debt" means the amount necessary to liquidate the remaining debt in a single lump-sum payment, excluding all unearned interest and other unearned charges; (16) "Producer" means an insurance producer as defined in § 23-64-502 ; and (17) "Single interest insurance" means insurance purchased by the creditor to insure its interest in the collateral securing a debtor's credit transaction. Three (3) conditions must be met for payment of loss under the policy: (A) The debtor has defaulted in payment; (B) The creditor has legally repossessed the collateral, unless collateral has been stolen from the debtor; and (C) The creditor has suffered an impairment of interest.

Legislative History

Acts 1997, No. 930, § 1; 2001, No. 580, § 26.