Ark. Code Ann. § 23-79-204 (2026)
Venue
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An action brought in this state by or in behalf of the insured or beneficiary against an insurer as to a loss occurring or benefits or rights provided under an insurance policy or annuity contract shall be brought in either:
- The county in which the loss occurred, or the insured died, in the case of life insurance; or
- The county of the insured's residence at the time of the loss or death.
- Actions brought in this state against an insurer under § 23-79-210, which provides that the liability insurer may be sued directly where the insured is legally immune, shall be brought either in the county where the injury or damage occurred or where one (1) or more of the plaintiffs resided at the time of the injury or damage.
- The venue of all other actions against a domestic insurer shall be as provided in § 16-60-101.
History. Acts 1959, No. 148, § 301; A.S.A. 1947, § 66-3234; Acts 2015, No. 830, § 3.
Amendments. The 2015 amendment substituted “§ 16-60-101” for “§ 16-60-104” in (c).
Case Notes
Actions for Losses or Benefits.
Holder of accident insurance policy could not sue insurer for overpayment of premiums in county of insured, since plaintiff was not suing for a loss under policy or as beneficiary, hence suit was required to be filed in county where insurer had its principal place of business. American Republic Life Ins. Co. v. Cummings, 218 Ark. 888, 239 S.W.2d 10 (1951) (decision under prior law).
Action to reform contract and for damages after reformation of contract held not to be an action for loss or benefits under the policy. Shelter Mut. Ins. Co. v. Taylor, 281 Ark. 60, 661 S.W.2d 369 (1983).
County of Residence or Loss.
Suit on bond of insurance company could be brought in any county where loss occurred. Neimeyer v. Claiborne, 87 Ark. 72, 112 S.W. 387 (1908) (decision under prior law).
An action by the beneficiary on an insurance policy must be brought in the county where the insured lived or in the county in which he died. Metropolitan Life Ins. Co. v. Baker, 197 Ark. 61, 122 S.W.2d 951 (1938) (decision under prior law).
The right to sue on public liability insurance in the county of the residence of the plaintiff or the county where the collision occurred was conferred. American Fid. & Cas. Co. v. McKee, 198 Ark. 601, 130 S.W.2d 12 (1939) (decision under prior law).
Although a policy was issued and delivered to the insured in one county and he died in another county, a finding that the insured was a resident of the first county, although absent therefrom at the time of his death, was supported by the testimony and the action on the policy was properly brought in the county of his residence. National Life & Accident Ins. Co. v. Young, 200 Ark. 955, 141 S.W.2d 838 (1940) (decision under prior law).
Where insured was certified to state sanatorium from county where he resided, circuit court county where sanatorium was located had jurisdiction of action on health policy, instituted therein, against foreign insurer, absent showing that insured did not intend to change his residence. Mutual Benefit Health & Accident Ass'n v. Kincannon, 202 Ark. 1128, 155 S.W.2d 687 (1941) (decision under prior law).
An action on a fire insurance policy may be brought where a mortgagee under a loss payable clause resides, because it is an assured since it will be indemnified. Seaboard Fire & Marine Ins. Co. v. Keys, 224 Ark. 648, 275 S.W.2d 640 (1955) (decision under prior law).
The residence of the beneficiary on the surety bond and the county in which the loss occurred are sufficient to establish venue on a subcontractor's complaint against a surety. Ray Ross Constr. Co. v. Raney, 266 Ark. 606, 587 S.W.2d 46 (1979).
Venue held proper against surety company in county in which loss occurred; however, venue was not proper against nonresident firm and individual which shared no joint and common liability with the surety company. Atkins Pickle Co. v. Burrough-Uerling-Brasuell Consulting Eng'rs, Inc., 271 Ark. 897, 611 S.W.2d 775 (Ct. App. 1981).
Declaratory Judgment.
This section applied, by its plain terms, to actions brought by an insured and did not apply to an insurer's declaratory judgment action brought against the insured. Farm Bureau Mut. Ins. Co. of Ark. v. Gadbury-Swift, 2010 Ark. 6, 362 S.W.3d 291 (2010).
Foreign Defendants.
An action on a fire insurance policy may be brought against a foreign insurance company in a county where the loss occurs, and this provision applies equally to foreign and domestic companies. Bankers' Fire Ins. Co. v. Williams, 176 Ark. 1188, 5 S.W.2d 916 (1928) (decision under prior law).
Subrogation.
Section 23-89-101 is a subrogation statute, and the action permitted by it is contractual in nature and not for personal injury; thus, venue is determined not by § 16-60-112 but by § 16-60-116 or this section. Equity Fire & Cas. Ins. Co. v. Coleman, 326 Ark. 100, 928 S.W.2d 796 (1996).
Cited: Coley v. Green, 232 Ark. 289, 335 S.W.2d 720 (1960); Universal C.I.T. Credit Corp. v. Troutt, 235 Ark. 38, 235 Ark. 238, 357 S.W.2d 507 (1962); Farm Bureau Mut. Ins. Co. v. Southall, 281 Ark. 141, 661 S.W.2d 383 (1983); Mark Twain Life Ins. Corp. v. Cory, 283 Ark. 55, 670 S.W.2d 809 (1984); Allstate Ins. Co. v. Bourland, 296 Ark. 488, 758 S.W.2d 700 (1988); Prairie Implement Co. v. Circuit Court, 311 Ark. 200, 844 S.W.2d 299 (1992).