Arkansas Guide To Property Insurance Claims: Deadlines & FAQs

In order to initiate a claim under a property insurance policy in Arkansas, the policyholder must inform their insurance carrier of the loss (either directly or through their agent), and that they are making a claim. This means that the only requirement to initiate the process is that the insurance carrier is informed that there has been a loss, provided a few details about the loss, and that the policyholder wants to make a claim. 

In Arkansas, insurance regulations call this communication a “notification of claim.” In order to be sufficient, an Arkansas notification of claim can be “any notification, whether in writing or by other means acceptable under the terms of an insurance policy . . . to an insurer or its agent, by a claimant, which reasonably apprises the insurer of the facts pertinent to a claim.”

In Arkansas, insurance laws call this communication a “notification of claim.” 

Most insurance companies provide multiple ways to contact them after a loss to begin the claims process, these usually include: 

a. Phone call (a number is usually provided on the insurance company’s website);

b. Online portal – many insurance companies have an online form to notify the claims department of a loss;

c. Your agent (or “producer”) – many insurance companies even have a different section of their website or phone number for an agent to inform them of a policyholder’s loss;

d. Online software.

While it is easy and quick to start a claim, claimants need to continue to follow-up and provide more information. In many cases, the insurer will require more information and supporting documentation, including specific forms, to actually process and adjust the claim. These specific necessary forms should be provided to the claimant by the insurance company.

1. Promptly inform your insurance carrier of the loss (see above);

2. As soon as possible begin to mitigate the damage – protect the property and secure it against further damage as soon as it is safe and possible to do so.

3. Cooperate with your insurance company and communicate with them (and keep copies of all correspondence).

4. Make your property available for inspection as soon as it is safe and possible to do so.

5. Prepare supporting documents for your claim including:
– Inventory list;
– Description of damages;
– Photographs and/or videos of the damage;
– Receipts; etc.

 In many cases, the insurer will require more information and supporting documentation, including specific forms, to actually process and adjust the claim. These specific necessary forms should be provided to the claimant by the insurance company.

Reporting Deadline: Arkansas insurance law does not set forth any specific deadline for making a property insurance claim. This means that the deadline for informing the insurer of a claim is set by the policy itself. It is important to be familiar with the insurance policy so that deadlines are not missed. 

It is always best practice to inform an insurance company of the losses sustained and that a claim is being made as soon as it is reasonably possible to do so after the damage is incurred and a determination that a claim will be filed is made. While it is never a good idea to delay in providing the insurance company with information once it has been determined that a claim will be filed, the actual meaning of “immediate” or “prompt” or “reasonable” with respect to making a claim depends on the circumstances – if a home is completely destroyed by a storm and the phones, internet, and power are off, it may take a little longer to make the claim.  

Be sure to check the language of the insurance policy to determine the notification or reporting deadlines. But, in any event, remember that best practice is to provide notice of the loss and claim to the insurer as soon as possible.  

Documentation Deadline: Arkansas does not set a specific deadline to provide support for a property insurance claim by statute, but instead allows this timeline to be set by the policy itself. Generally, property insurance policies require that a proof of loss document be provided within 60 days of when the loss occurred, so many policies use this language, however, that time period is not specifically required and may vary (generally between 30 days to 90 days). 
In any event, however, the deadline for submitting a proof of loss can generally be extended by agreement between the parties if circumstances make it difficult or impossible for the policyholder to comply with the deadline as set forth by the policy. It is normal for proof of loss requirements to need substantial information to be provided, so getting started quickly is crucial.

Note, however, that no matter the actual deadline for providing supporting documentation, it is always best practice to provide a proof of loss document and support of the claim as soon as possible (while noting that the document only presents the knowledge at the time and may be amended or updated). Some deadlines for Arkansas insurance companies are based upon receipt of a proper proof of loss, so getting a properly completed proof of loss to the insurance company quickly is a good way to start the clock running, and get the claim process moving along so you can get your payment. 

Arkansas has adopted laws regulating the time Arkansas insurance companies have to take action on property insurance claims, and governing unfair claims settlement practices. These regulations are to protect policyholders and to provide a streamlined timeline for claims to be handled, and provide deadlines for the acknowledgment and processing of claims.

Deadlines for Acknowledgment: Arkansas requires insurance companies to acknowledge property insurance claims within 15 working days after receiving notification of claim (unless payment is made prior to this date). An “acknowledgement” of the claim in Arkansas means one of the following:
(1) Making Payment.
(2) Sending the claimant written acknowledgement.
(3) Giving the claimant verbal acknowledgement, with a notation of such saved in the claim file and dated.   

Additionally, Arkansas requires that insurance companies provide all necessary forms, instructions, and reasonable assistance promptly, so that claimants can comply with policy requirements. Specifically in Arkansas, insurance regulations mandate that an insurance company must provide any required proof of loss form within 20 days of their receipt of notification of claim. If the insurance company fails to do so, they waive proof of loss requirements.   

Deadlines for Investigation: Arkansas doesn’t really provide a specific breakdown of the time to begin an investigation of the claim, other than by inference of when an investigation is supposed to be completed. In Arkansas, an insurer is required to complete its investigation of a claim within 45 calendar days after notification of the claim, unless the investigation cannot reasonably be completed within this time. Additionally, Arkansas law does require that insurance companies “adopt and implement reasonable standards for the prompt investigation and settlement of claims.” 

Arkansas requires insurers to acknowledge communications with respect to claims arising under its policies by the policyholder within 15 working days on all communications from any claimant that reasonably suggests a response is expected.

Deadline for Acceptance/Denial: Arkansas insurance law requires that insurers must notify a claimant of the acceptance or denial of his or her claim within 15 working days after receipt by the insurer of properly executed proofs of loss. In the event the claim is denied, the denial must be in writing, and must refer to a specific policy provision giving reason for the denial. 
If more time is needed, the insurer must notify the claimant within the original 15-day period from receipt of proof of loss, and give reasons why additional time is required. Further, the insurer must continue to provide the claimant with reasons why additional time is needed to complete the investigation every 45 days thereafter while the investigation remains ongoing, until acceptance or denial of the claim.

Deadline for Payment: The deadline for payment of a property insurance claim in Arkansas within 10 working days from the date the claim was processed, the investigation was completed, and the claim file closed and ready for payment. Additionally, Arkansas insurance law states that an insurer must make a good faith effort to effectuate prompt, fair and equitable settlements of claims in which liability has become reasonably clear. 

If an insurance company is determined to be in violation of the unfair claims settlement practices requirements, the insurer may be subject to penalties. While the unfair trade practices requirements do not specifically create a private right of action (the ability for a policyholder to sue the insurance company directly for breach) the policyholder can file a complaint with the state insurance department and the insurer can be penalized. 

Additionally, insurers have a requirement to act in good faith in investigating and settling the claim. Arkansas allows policy holders to sue their insurance companies for “bad faith” when the insurance company fails to investigate and settle the claim in good faith by the terms of the insurance contract. 
In order to succeed in bad faith suit, the claimant must show that the insurance company acted in a way that was:

“ . . . dishonest, malicious, or oppressive conduct carried out with a state of mind characterized by hatred, ill will, or a spirit of revenge. . .”

This conduct can be shown by “[p]roof of an actual intent to engage in dishonest conduct to avoid a just obligation to an insured . . . willful blindness (to the requirements of the insurance contract or requirements) . . . or reckless indifference (to same).

If a claimant is successful, the claimant may be awarded not only the amounts due under the policy, but also attorneys’ fees and punitive damages against the insurer.

Deadlines to File Suit: Arkansas sets the deadline to file suit against an insurance company under or regarding a property insurance claim at 2 years from the date of loss. Arkansas law specifically prohibits insurance policies from requiring a shorter timeframe.