§ 23-89-303 — Grounds for cancellation

Arkansas § 23-89-303

• Jurisdiction: Arkansas
• Title: 23

Text

(a) A notice of cancellation of a policy shall be effective only if it is based on one (1) or more of the following reasons: (1) Nonpayment of premium; (2) The named insured or any driver of the insured vehicle shall be convicted of: (A) Driving while intoxicated; (B) Homicide or assault arising out of the use of a motor vehicle; or (C) Three (3) separate convictions of speeding or reckless driving, or any combination of the two (2) during the policy period, including three (3) months prior to the effective date of the policy; (3) The driver's license or motor vehicle registration of the named insured or of any other operator who either resides in the same household or customarily operates an automobile insured under this policy has been under suspension or revocation during the policy period or, if the policy is a renewal, during its policy period or the one hundred eighty (180) days immediately preceding its effective date; (4) Fraud or misrepresentation of a material fact, the knowledge of which would have caused the insurer to decline to issue a policy; or (5) Nonpayment of membership dues when they are a requirement in the bylaws, agreements, or other legal instruments of a company before issuance and maintenance of a policy under this subchapter. (b) This section shall not apply to any policy or coverage which has been in effect less than sixty (60) days at the time notice of cancellation is mailed or delivered by the insurer, unless it is a renewal policy. (c) This section shall not apply to nonrenewal. (d) (1) However, an insurer shall not be able to rescind bodily injury or property damage liability coverage under an insurance policy for fraud or misrepresentation with respect to any injury to a third party when suffered as a result of the insured's negligent operation of a motor vehicle. (2) Nothing in this subsection is intended to negate an insurer's right to rescind other coverages in the insurance policy purchased by the insured.

Legislative History

Acts 1969, No. 333, § 2; A.S.A. 1947, § 66-4008; Acts 1993, No. 457, § 1; 2001, No. 1555, § 16.