(a)
- (1) All forms submitted for review shall comply with the applicable provisions of Arkansas Code § 23-79-101 et seq.
- (2) Pursuant to Arkansas Code § 23-79-109, this section shall not apply to surety bonds, nor to policies, riders, endorsements, or forms of unique character designed for and used with relation to insurance upon a particular subject.
(b) Property and Casualty Transmittal Document header.
(1)
- (A) If a copy of the filing, bearing the appropriate stamp of the State Insurance Department, is to be returned to the filer, two (2) copies of the filing Property and Casualty Transmittal Document are required, together with a postage-paid envelope of sufficient size to accommodate the return of one (1) copy, and addressed to the filing insurer, insurance holding company group, or advisory organization.
- (B) One (1) copy of the Property and Casualty Transmittal Document, evidencing the action taken by the department, will be returned to the filing insurer, insurance holding company group, or advisory organization.
- (C) An additional copy of the Property and Casualty Transmittal Document, for each affiliated company utilizing the documents, is required.
- (2) The Property and Casualty Transmittal Document must include sufficient information to identify the forms contained therein completely without need for further reference to attached memoranda, forms, exhibits, or other documents.
- (3) If the information required by subsection (c) of this section is not included with the filing, the filing shall be deemed incomplete and will not be reviewed.
(4)
- (A) Any insurer may satisfy its obligation to submit form filings by becoming a member of or subscriber to a licensed advisory organization which makes filings on its behalf, provided that nothing contained in this part shall be construed as requiring any insurer to become a member of or a subscriber to any advisory organization.
- (B) Every company that is members or subscribers shall use these forms as filed on its behalf unless it advises the Insurance Commissioner of either its intention not to adopt or to delay one (1) or more of the forms filed.
- (C) A letter stating its intention is sufficient.
- (D) An insurer may adopt its own forms my making the appropriate filing.
- (c) Supporting information required to supplement a filing. In addition to the requirements of subsection (b) of this section, insurers submitting a form filing are required to include completed Property and Casualty Transmittal Documents.
(d) Filing deadlines.
(1)
- (A) Every filing shall be made with the department not less than thirty (30) days in advance of the proposed effective date.
- (B) At the expiration of the thirty (30) days, the form so filed shall be deemed approved unless prior thereto it has been affirmatively approved or disapproved by the department.
- (C) The department may, however, extend the review period by an additional thirty (30) days by giving notice of the extension before the expiration of the initial review period.
(2)
- (A) An insurer may, however, waive its rights to have its filing deemed approved if additional time is required by the department.
- (B) The forms to be used to acknowledge the waiver of the right to deem the filing approved will be provided by the department.