(a) Payment under the coverages enumerated in § 23-89-202(1) and (2) shall be made on a monthly basis as benefits accrue.
(b) Benefits for any period are overdue if not paid within thirty (30) days after the insurer received reasonable proof of the amount of all benefits accruing during that period.
(c) If reasonable proof is not supplied as to all benefits accrued, the portion supported by reasonable proof is overdue if not paid within thirty (30) days after the proof is received by the insurer.
(d) Any part or all of the remainder of the benefits that is later supported by reasonable proof is overdue if not paid within thirty (30) days after the proof is received by the insurer.
(e) In the event the insurer fails to pay the benefits when due, the person entitled to the benefits may bring an action in contract to recover them.
(f) In the event the insurer is required by the action to pay the overdue benefits, the insurer shall, in addition to the benefits received, be required to pay the reasonable attorney's fees incurred by the other party, plus twelve percent (12%) penalty, plus interest thereon from the date these sums became overdue.
Structure Arkansas Code
Title 23 - Public Utilities and Regulated Industries
Chapter 89 - Casualty Insurance
Subchapter 2 - Automobile Liability Insurance Generally
§ 23-89-201. Broader-than-minimum benefits not prohibited
§ 23-89-202. Required first party coverage
§ 23-89-203. Rejection of coverage
§ 23-89-204. Coverage for passengers and persons struck by insured vehicle
§ 23-89-205. Exclusion of benefits
§ 23-89-206. Retention of tort liability
§ 23-89-207. Insurer's right of reimbursement
§ 23-89-209. Underinsured motorist coverage
§ 23-89-210. Premium reduction for college graduates
§ 23-89-211. Total loss settlements
§ 23-89-212. Motor vehicle liability insurance — Extraterritorial provision
§ 23-89-213. Proof of insurance
§ 23-89-214. Motor vehicle liability insurance — Prohibition regarding step-downs
§ 23-89-215. Priority of primary motor vehicle liability insurance coverage