Arkansas Implements New Insurance Business Transfer Law | Locke Lord LLP

On July 28, 2021, Arkansas will implement its recently enacted Insurance Business Transfer Act (“IBTA”). The purpose of the law is to provide insurance carriers a process for the transfer of blocks of business from any jurisdiction in the country to another insurance company located in Arkansas. This will allow carriers increased efficiency with respect to restructuring activities. Similarly, the new law is likely to attract increased business in to the state, as clearly defined rules help to reduce uncertainty.

A successful transfer under the IBTA results in a novation of the transferred insurance (or reinsurance) contracts and makes the assuming insurer directly liable to the policyholder of the insurer transferring the book of business. Upon successful transfer under the IBTA, the transferring insurer’s obligations to its former policyholders are extinguished.

Of course, as with any insurance law, and specifically with respect to insurance…

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