Arkansas Statutes

§ 23-89-207 — Insurer's right of reimbursement

Arkansas § 23-89-207

This text of Arkansas § 23-89-207 (Insurer's right of reimbursement) is published on Counsel Stack Legal Research, covering Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ark. Code Ann. § 23-89-207 (2026).

Text

(a)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.
(b)All cost of collection thereof shall be assessed against the insurer and insured in the proportion each benefits from the recovery.
(c)The insurer shall have a lien upon the recovery to the extent of its benefit payments.
(d)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.

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Related

Shelter Mutual Insurance v. Bough
834 S.W.2d 637 (Supreme Court of Arkansas, 1992)
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Daves v. Hartford Accident & Indemnity Co.
788 S.W.2d 733 (Supreme Court of Arkansas, 1990)
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Riley v. State Farm Mutual Automobile Insurance Co.
2011 Ark. 256 (Supreme Court of Arkansas, 2011)
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General Accident Insurance Co. of America v. Jaynes
33 S.W.3d 161 (Supreme Court of Arkansas, 2000)
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Shelter Mutual Insurance v. Tucker
748 S.W.2d 136 (Supreme Court of Arkansas, 1988)
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Kearney v. Shelter Insurance Co.
29 S.W.3d 747 (Court of Appeals of Arkansas, 2000)
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Ryder v. State Farm Mutual Automobile Insurance
268 S.W.3d 298 (Supreme Court of Arkansas, 2007)
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State Farm Mutual Automobile Insurance v. Bing
808 S.W.2d 304 (Supreme Court of Arkansas, 1991)
5 case citations
Dean v. Colonia Underwriters Insurance
915 S.W.2d 728 (Court of Appeals of Arkansas, 1996)
4 case citations
Gause v. Shelter General Insurance
98 S.W.3d 854 (Court of Appeals of Arkansas, 2003)
4 case citations
Wenrick v. Crater
868 S.W.2d 60 (Supreme Court of Arkansas, 1993)
4 case citations
Cockman v. State Farm Automobile Insurance
854 S.W.2d 343 (Supreme Court of Arkansas, 1993)
3 case citations
Hatten v. Little Rock Dodge
886 S.W.2d 891 (Court of Appeals of Arkansas, 1994)
1 case citations

Legislative History

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

Nearby Sections

15
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Bluebook (online)
Arkansas § 23-89-207, Counsel Stack Legal Research, https://law.counselstack.com/statute/ar/23-89-207.