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2017 Arkansas Code
Title 23 - Public Utilities and Regulated Industries
Subtitle 3 - Insurance
Chapter 65 - Unauthorized Insurers and Surplus Lines
Subchapter 2 - Unauthorized Insurers Process Act
§ 23-65-205. Defense of action by unauthorized insurer -- Damages and attorney's fees
Universal Citation: AR Code § 23-65-205 (2017)
- (a) Before an unauthorized insurer shall file or cause to be filed any pleading in any action or proceeding instituted against it under §§ 23-65-202 and 23-65-203, the insurer shall:
- (1) Procure a certificate of authority to transact insurance in this state; or
- (2) Deposit with the clerk of the court in which such action or proceeding is pending cash or securities or file with the clerk a bond with good and sufficient sureties, to be approved by the court, in an amount to be fixed by the court sufficient to secure the payment of any final judgment which may be rendered in such an action. The court may in its discretion make an order dispensing with the deposit or bond when the insurer makes a showing satisfactory to the court that it maintains in a state of the United States funds or securities, in trust or otherwise, sufficient and available to satisfy any final judgment which may be entered in such an action or proceeding and that the insurer will pay any final judgment entered therein without requiring suit to be brought on the judgment in the state where such funds or securities are located.
- (b) The court in any action or proceeding in which service is made in the manner provided in § 23-65-203 may, in its discretion, order such postponement as may be necessary to afford the defendant reasonable opportunity to comply with the provisions of subsection (a) of this section, and to defend the action.
- (c) Nothing in subsection (a) of this section is to be construed to prevent an unauthorized insurer from filing a motion to quash or to set aside the service of any process made in the manner provided in § 23-65-203 hereof on the ground either:
- (1) That such unauthorized insurer has not done any of the acts enumerated in § 23-65-202; or
- (2) That the person on whom service was made pursuant to § 23-65-203(a) was not doing any of the acts therein enumerated.
- (d) Any such insurer shall be subject to the provisions of § 23-79-208.
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