Other standards and penalties
Arkansas Code § 11-9-106; Arkansas Code § 23-61-108; Arkansas Code § 23-67-218
- (a) Any insurer, servicing carrier, or producer who refuses or neglects to comply with the provisions of this part shall be subject to administrative action provided for in the Arkansas Insurance Code, Arkansas Code § 23-60-101 et seq.
- (b) Any servicing carrier who fails to comply with the requirements of 23 CAR § 203-107, as reported to the Insurance Commissioner by the plan administrator, may have their designations to act in such capacity hereunder suspended or revoked upon notice and hearing pursuant to Arkansas Code § 23-61-301 et seq.
(c)
- (1) No servicing carrier insuring an employer through the plan may utilize any information gained through its administrative services for the purpose of securing other insurance business from such employer.
- (2) No such carrier shall share or reveal any such proprietary information with or to any of its agents or brokers, with or to any other carrier, or, if it is a direct writer, with or to any of its in-house marketing personnel.
- (3) Violation of this prohibition shall be considered an unfair method of competition in violation of the Trade Practices Act, Arkansas Code § 23-66-201 et seq.
(d)
- (1) No licensed agent, broker, or solicitor, or any insurer, whether or not a servicing carrier, may knowingly submit an offer of workers' compensation insurance coverage to an employer on a monoline basis on a rating plan that has not been previously approved by the commissioner, nor shall any such person or entity make any offer of workers' compensation insurance in combination or coordination with other property and/or casualty coverages or limits that are not desired by the employer, nor shall such person or entity apply its filed and approved rates or rating plans, including all applicable discounts or credits, to such employer in an unfairly discriminatory manner.
- (2) Any person or entity determined to have knowingly violated this prohibition shall be deemed guilty of an unfair or deceptive act or practice in the business of insurance as provided at Arkansas Code § 23-66-205 et seq.