Ark. Code Ann. § 23-66-211 (2026)
Penalty for violation of cease and desist orders
Any person who violates a cease and desist order of the Insurance Commissioner under § 23-66-210 while the order is in effect may, after notice and hearing upon order of the commissioner, be subject at the discretion of the commissioner to any one (1) or more of the following:
- A monetary penalty of not more than ten thousand dollars ($10,000) for each and every act of violation; or
- Suspension or revocation of that person's license.
History. Acts 1959, No. 148, § 219; 1973, No. 41, § 8; 1981, No. 809, § 11; A.S.A. 1947, § 66-3012.
Case Notes
Punitive Damages.
Penalty of up to $10,000 per act of violation was permitted under the Arkansas Deceptive Trade Practices Act, subdivision (1) of this section; clearly, under that standard, the initial jury award of $15 million to the insured in his defamation action against the insurer would have been excessive. Nevertheless, when balanced against the reprehensibility of the conduct and the ratio of punitive to compensatory damages of only 2.5:1, the supreme court failed to see a due process violation under the Gore standards in the jury's award of $15 million in punitive damages. Allstate Ins. Co. v. Dodson, 2011 Ark. 19, 376 S.W.3d 414 (2011).