(a) An insolvent insurer placed in receivership for which assessments have been made under the provisions of this chapter shall not be authorized, upon release from receivership, to issue new or renewal insurance policies until such time as the insolvent insurer has repaid in full the entire amount advanced to it from the assessment fund set out in § 23-90-114. However, upon application of the Arkansas Property and Casualty Advisory Association and after a hearing, the Insurance Commissioner may permit the issuance of new policies in accordance with a plan of operations by the released insurer for repayment of the advances.
(b) In approving the plan, the commissioner may place such restrictions upon the issuance of new or renewal policies as the commissioner deems necessary to the implementation of the plan.
(c) The commissioner shall give ten (10) days' notice of the hearing to the insurers to whom the participation receipts were issued for an assessment made for the benefit of the released insurer. The holders of the receipts shall be entitled to appear at and participate in the hearing.
Structure Arkansas Code
Title 23 - Public Utilities and Regulated Industries
Chapter 90 - Arkansas Property And Casualty Insurance Guaranty Act
§ 23-90-104. Applicability — Exceptions
§ 23-90-106. Arkansas Property and Casualty Advisory Association — Creation — Members
§ 23-90-107. Arkansas Property and Casualty Advisory Association — Procedures
§ 23-90-108. Arkansas Property and Casualty Advisory Association — Powers and duties
§ 23-90-109. Arkansas Property and Casualty Advisory Association — Reports and recommendations
§ 23-90-111. Covered claims — Notification to insureds of insurer's insolvency
§ 23-90-112. Estimation of amount needed to pay claims — Assessment of insurers
§ 23-90-113. Failure to pay assessment
§ 23-90-114. Accounting for and repayment of assessments
§ 23-90-115. Payment of covered claims
§ 23-90-116. Duties of receiver
§ 23-90-117. Right of recovery
§ 23-90-118. Issuance of new or renewal policies
§ 23-90-119. Assessment as credit against taxes
§ 23-90-120. Liability of insurer, commissioner, etc
§ 23-90-121. Certain advertisements, announcements, and statements prohibited — Exception