§ 23-102-114 - Notice and declination.
               	 		
23-102-114.    Notice and declination.
    (a)  Existing Policyholders.   (1)    (A)  Insurers  writing homeowner, farmowner, fire and allied lines, excluding  commercial policies and crop hail, shall notify policyholders who do not  maintain residential earthquake insurance or who maintain residential  earthquake insurance at amounts less than one hundred percent (100%) of  the insured value of the dwelling, of their potential eligibility for  residential earthquake insurance through the Market Assistance Program  or the Arkansas Earthquake Authority.
            (B)  The  notice shall be on a form adopted by the Board of the Arkansas  Earthquake Authority and approved by the Insurance Commissioner, and  insurers shall verify to the board compliance with this provision.
            (C)  The  notice shall be provided at such intervals and frequency to be  determined by the board, but notice shall be given at a minimum of three  (3) different times over a four-year interval.
      (2)  This  notice from insurers shall not be deemed to provide earthquake coverage  to existing policyholders who do not maintain a policy of residential  earthquake insurance, nor shall the notice be deemed to increase the  amounts of earthquake insurance for those policyholders who maintain  coverage at less than one hundred percent (100%) of the insured value of  the dwelling.
(b)  New Policyholders.  Insurers writing homeowner, farmowner, fire and allied lines, excluding  commercial policies and crop hail, shall advise new applicants for  these types of coverage of the availability of residential earthquake  insurance through the program or the authority, if coverage is  unavailable from the insurer. If an applicant chooses not to purchase  residential earthquake coverage through an insurer, including program  participants or the authority, the applicant shall reject this coverage  in writing on the application or any addendum thereto. Insurers shall  maintain the application containing the rejection as part of their  files.