Ark. Code Ann. § 23-79-105 (2026)
Application required — Life and accident and health insurance
No life or accident and health insurance contract upon an individual, except a contract of group life insurance or of group or blanket accident and health insurance, shall be made or effectuated unless at the time of the making of the contract the individual insured, being of competent legal capacity to contract, applies therefor or has consented thereto in writing, except in the following cases:
- A spouse may effectuate the insurance upon the other spouse;
- Any person having an insurable interest in the life of a minor, or any person upon whom a minor is dependent for support and maintenance, may effectuate insurance upon the life of, or pertaining to, the minor;
- The application for accident insurance procured through a vending machine licensed under § 23-64-221 must be signed by the individual to be so insured or, if the individual to be so insured does not have legal capacity to contract, the application must be signed by the individual's parent, guardian, or other legally constituted representative; and
- Family policies may be issued insuring any two (2) or more members of a family on an application signed by either parent, a stepparent, or by a husband or wife.
History. Acts 1959, No. 148, § 273; A.S.A. 1947, § 66-3206; Acts 2001, No. 580, § 22; 2001, No. 1604, § 80.
Research References
U. Ark. Little Rock L.J.
Adams, Misrepresentation in Procurement of Insurance: The Arkansas Law, 4 U. Ark. Little Rock L.J. 17.
Seventeenth Annual Survey of Arkansas Law — Insurance, 17 U. Ark. Little Rock L.J. 451.
Survey of Legislation, 2001 Arkansas General Assembly, Insurance Law, 24 U. Ark. Little Rock L. Rev. 577.
Case Notes
In General.
It is conceivable that a person can apply for insurance without actually signing the application; the policy is satisfied when the insured, having personally applied for the insurance, is aware of who would be the beneficiary in the event of his death, and the presence of his signature would not be critical to proving the knowledge contemplated by this section's underlying policy, and his failure to sign the application does not frustrate this section's purpose when there is other proof available to demonstrate that the insured applied for insurance. Walker v. Jackson Nat'l Life Ins. Co., 20 F.3d 923 (8th Cir. 1994).
Construction.
This section permits a life insurance policy to be issued if the insured applies for insurance and does not require that the insured personally sign the application form. Walker v. Jackson Nat'l Life Ins. Co., 20 F.3d 923 (8th Cir. 1994).
The modifying phrase “in writing” in the introductory paragraph of this section applies only when the insured “consents to” insurance and does not apply when the insured has “applied for” insurance. Walker v. Jackson Nat'l Life Ins. Co., 20 F.3d 923 (8th Cir. 1994).
The phrase imposing a writing requirement modifies only one side of the disjunctive; thus, it only applies when an insured consents to insurance without actually applying for it. Walker v. Jackson Nat'l Life Ins. Co., 20 F.3d 923 (8th Cir. 1994).
Consent.
The writing of personal check by insured for a cashier's check to pay the premium on the policy was a sufficient consent in writing to the issuance of the policy. Constitution Life Ins. Co. v. M.D. Thompson & Son, 251 Ark. 784, 475 S.W.2d 165 (1972).
One who takes out a policy of insurance on the life of another without the knowledge or consent of the latter, cannot maintain an action against the insurance company on the policy; it is against public policy to allow one person to have insurance on the life of another without the knowledge of the latter. Cableton v. Gulf Life Ins. Co., 12 Ark. App. 257, 674 S.W.2d 951 (1984).
Neither the alleged oral consent of the insured to the application for a policy of life insurance nor the purported waiver of requirements of ratification by insurer is effective to negate the mandatory invalidation of life insurance policies issued without an application or consent in writing by the insured. Hunt v. Pyramid Life Ins. Co., 21 Ark. App. 261, 732 S.W.2d 167 (1987).
Legislative Intent.
This section codifies the policy against allowing one person to have insurance on the life of another without the knowledge of the latter. Walker v. Jackson Nat'l Life Ins. Co., 20 F.3d 923 (8th Cir. 1994).
The legislature did not intend to require that applications for life insurance be signed by insured because if it had it would have clearly stated so like it did in subdivision (3) of this section. Walker v. Jackson Nat'l Life Ins. Co., 20 F.3d 923 (8th Cir. 1994).
Liability of Insurer.
Since the requirements of this section are nonwaivable, insurer's acceptance of premiums does not provide a basis for a finding of liability on insurer's part. Hunt v. Pyramid Life Ins. Co., 21 Ark. App. 261, 732 S.W.2d 167 (1987).
Cited: Garner v. Foundation Life Ins. Co., 17 Ark. App. 13, 702 S.W.2d 417 (1986).