- (a) On or after adoption of this part the use of compensating balances or special deposit accounts in connection either directly or indirectly with a credit life insurance program and/or a credit disability insurance program is prohibited as being an illegal inducement in violation of Arkansas Code § 23-66-308.
(b)
- (1) This prohibition applies regardless of whether premiums are due the insurer on the single premium basis or on the monthly premium outstanding balance basis.
- (2) Nothing herein shall prevent the insurer from making deposits in a financial institution which are not related to a credit insurance program.
(c) Compensating balances and/or special deposit accounts include the following, but are not limited to the exclusion of other types of balances and accounts:
- (1) The deposit of premiums or money to the account of the insurer with a creditor for which the insurer provides the credit insurance program, when such account is either non-interest bearing or at a rate of interest less than usual or is controlled by the creditor;
- (2) Remitting premiums to the insurer after the expiration of the grace period on a regular basis so that the arrearage period is constant;
- (3) The retention of premiums by an agent to whom the creditor remits premiums for a period of time normally expected to be needed for the agent or broker to remit the premium to the insurer, if such delay is a continuing feature of the premium paying process; and
- (4) Any other practice which unduly delays receipt of premiums by the insurer on a regular basis or which is followed by an insurer when such practice involves use of the financial resources of the insurer for the benefit of the creditor.