On March 20, 2020, the Arkansas Department of Insurance released Bulletin NO. 6-2020 to all admitted and surplus lines insurance carriers in which it issued a sixty (60) day moratorium on the cancellation/nonrenewal of insurance policies solely for the nonpayment of premiums. The moratorium is limited to Arkansans diagnosed with/positively tested for COVID-19. This moratorium applies to all insurance policies issued in this state. The Department clarified that the moratorium extension is not automatic. To be eligible for the 60-day moratorium, affected policyholders must request this extension from their insurance carriers, and the insurance carriers may request evidence of diagnosis. The 60-day moratorium period, where requested by the policyholder, is effective starting from the date of issuance of Executive Order 20-03.

AR BULLETIN NO. 6-2020

On April 10, 2020, the Arkansas Department of Insurance issued a press release proving information from auto insurance companies about their respective plans to offer relief to consumers during the COVID-19 crisis.

AR Press Release

On April 14, 2020, the Arkansas Department of Insurance issued Executive Order 20-19 permitting first responders and front-line healthcare workers to seek workers compensation for exposure to COVID-19 if contracted in the line of duty, with a requirement to demonstrate a causal connection between diagnosis of COVID-19 and their employment or occupation.

AR Executive Order 20-19

On May 11, 2020, the Commissioner of Insurance issued Bulletin No. 21-2020 a 45-day moratorium on the cancellation/nonrenewal of insurance policies for the nonpayment of premiums for residents:

• Diagnosed with/positively tested for COVID-19
• Terminated or laid off, or who are self-employed or an independent contractor and have experienced a cessation of work

The bulletin clarifies that insurance companies may continue deducting premiums unless a policyholder tells their insurance company and financial institution to stop.

AR Bulletin No. 21-2020

On June 15, 2020, Governor Hutchinson issued Executive Order EO 20-33 stating that all businesses in Arkansas are immune from civil liability for damages or injuries related to the on-premise exposure of an individual to COVID-19, except in cases of willful, reckless or intentional misconduct, among other things.

AR Executive Order 20-33

On June 15, 2020, Governor Hutchinson issued Executive Order EO 20-35 defining “occupational disease” as used in the workers’ compensation law to include coronavirus and further define “unusual and unpredicted incident” under Ark. Code Ann. §11-9-114 to include exposure to COVID-19 as a respiratory accident or incident that may be found to have been the major cause of the physical harm.

AR Executive Order EO 20-35

On August 27, 2020, Gov. Hutchinson issued Bulletin 28A-2020 in response to the extended public health and disaster emergency declaration such that a moratorium on the cancellation of personal lines and life and health policies for the nonpayment of premiums for certain individuals continues to be in effect until such time as the emergency order expires. This moratorium is limited to individuals who have been diagnosed with COVID-19 or have been terminated, laid off or self-employed and have experienced a cessation of work due to COVID-19. The moratorium is not automatic. Policyholders must request the extension from their carriers.

AR Bulletin 28A-2020