Statutes,Regulations & Court Cases
Arizona Statutes
Your go-to resource for Arizona-specific insurance statutes and regulations. Review key laws, compliance requirements, and regulatory guidance that impact independent insurance agencies. To research the complete list of statutes, visit Arizona Revised Statutes
**Most Insurance Laws are in Title 20, Workers Compensation in Title 23, and Transportation Issues in Title 28
Agency/Producer Obligation to Notify ADOI of Criminal Actions
Report of Actions – ARS 20-301
License Denial, Suspension or Revocation; Civil Penalty – ARS 20-295
Application for License (Need to Report Criminal Actions) – ARS 20-285
Auto Statutes
- Cell Phone Use While Operating a Vehicle – ARS 28-914
- Charging Fees – ARS 20-465
- Glass No Deductible – ARS 20-264
- Grace Period (Period of time for premium payment to be received by insurance carrier) – ARS 20-1632.01
- ID Cards (Insurance identification cards; documentary evidence; exception) – ARS 28-4133
- Limits of Liability (Commercial Auto) – ARS 28-4033
- Mandatory Auto Insurance Law – ARS 28-4135
- Monthly Premium (Fees) – ARS 20-267
- Non-Cancellation Law – Personal Auto Provisions Including Issues of Excluding Drivers – ARS 20-1631
- Notice to the Insured – ARS 20-1632
- Grace Period – ARS 20-1632.01
- Policy Requirements for Motor Vehicles – ARS 28-4009
- Private Passenger Auto Definition – ARS 20-117
- Rate Increase Prohibited (Not At Fault Accidents) – ARS 20-263
- Uninsured/Underinsured Law – ARS 20-259.01
Binders
- Binders – ARS 20-1120
Commercial Policies
Non-Cancellation Law
- Scope of Article – ARS 20-1671
- Definitions – ARS 20-1672
- Grounds for Cancellation – ARS 20-1673
- Notice of Cancellation – ARS 20-1674
- Notice of Non-Renewal – ARS 20-1676
- Notice of Change – ARS 20-1677
- Proof of Notice – ARS 20-1678
Countersignature of Agent or Brokers
- Countersign/Exceptions – ARS 20-229
- Retaliation – ARS 20-230
Dog Breed Prohibition on Homeowners and Renters Insurance
- Prohibiting Insurance Companies from underwriting and rating based solely on the breed – ARS 20-1510
Electronic or Internet Delivery of Insurance Policies
- Electronic Communications and Records; Applicability; Definitions – ARS 20-239
- Electronic Posting of Policies; Definitions – ARS 20-240
Exclusive Agent
- Prohibiting Insurance Companies from Appointing Exclusive Agents for Certain Policies – ARS 20-460
Homeowners – Dwelling Insurance
Non-Cancellation Law
- Application of Law – ARS 20-1651
- Grounds for Cancellation – ARS 20-1652
- Mailing Notice – ARS 20-1653
- Intention of Non-Renewal – ARS 20-1654
- Proof of Mailing – ARS 20-1656
Licensing
- Definitions – ARS 20-281
- License Required – ARS 20-282
- Exceptions to Insurance Producer Licensing – ARS 20-283
- “Person” Defined – ARS 20-105
- Assumed Name/Trade Name – ARS 20-297
- NonResident Licensing – ARS 20-287
- Insurance Producer Records: Individual Licenses – ARS 20-290
- Temporary Licensing – ARS 20-294
- Effect of Suspension or Revocation of License – ARS 20-296
- Commissions – ARS 20-298
Misquotes
- Arizona Department of Insurance and Financial Institutions – Insurance Regulatory Bulletins
Mortgage Companies
- Timely Premium Payment – ARS 6-115
- Requiring Limits Higher than Replacement Cost – ARS 44-1208
- Lending Companies Prohibited Agent Selection
- Designation of particular insurer prohibited – ARS 20-452.01
- Exceptions – ARS 20-452.02
- Evidence of non-violation – ARS 20-452.03
- Investigation of director of alleged violation – ARS 20-452.04
Rebates
- Rebates on Insurance Premium or Commission – ARS 20-452
Surplus Lines
- Surplus Lines: Brokers – ARS 20-407
- Surplus Lines License Examination – ARS 20-411
- Licensing of Mexican Insurance Surplus Lines Broker – ARS 20-411.01
- Required Reports Filed by Surplus Lines Brokers – ARS 20-408
- Recognized Surplus Lines – ARS 20-409
- Validity of Surplus Lines Insurance: Disclosure; Policy Fees – ARS 20-410
- Statement of Tax Filings – ARS 20-415
- Tax on Surplus Lines – ARS 20-416
Trade Secrets
- Theft of Trade Secrets; Classification; Definition – ARS 13-1820
Trust Accounts
- License Denial, Suspension or Revocation; Civil Penalty – ARS 20-295 A, 4
Workers Compensation Insurance
- Cancellation Time Period – ARS 23-961 F, Part I
- Employers Subject to Workers Compensation Laws (including Independent Contractors) – ARS 23-902
- Sole Proprietor – Workers Compensation – ARS 23-961 M
- Right of Employees to Compensation – ARS 23-1021
- Exclusive Remedy – ARS 23-1022
- Assigned Risk Plan – ARS 23-1091
Arizona Department of Insurance and Financial Institutions (DIFI)
Insurance Regulatory Bulletins
The Arizona DIFI periodically issues regulatory bulletins to facilitate industry compliance with regulatory requirements. Review active bulletins and alerts at the link below
Additional Links for DIFI:
Arizona Department of Insurance and Financial Institutions
100 North 15th Avenue
Phoenix, Arizona 85007
Insurance Division: (602) 364-3100
ARIZONA COURT CASES
Certificates of Insurance
Insurance Agents owe no duty to third-party recipients of properly written “additional insured” certificates of liability coverage.
KB Home vs. Charter Oak Arizona Court of Appeals Decision
Changes in Data Before Policy Issuance
Impact of changes in underwriting data which occurs between original application and policy issuance.
Valley Farms vs. Transcontinental Insurance Company
Damron Judgments/Sweetheart Deals
D Jere’ Webb vs. Victoria Gittlen
Premium Cigar International vs. Farmer-Butler-Leavitt Insurance Agency
Construction Defect
Definition of Occurrence – Trigger of Coverage
Lennar vs. Auto-Owners Insurance Company
Diminution of Value
In July 2011, the Arizona Court of Appeals (Division One) ruled that the loss of resale value of a vehicle resulting from an accident is recoverable in third-party claims. (This discussion of Diminution in Value Claims is applicable only in liability losses – not first party collision claims.) In Oliver v. Henry (1 CA-CV 10-0701), the Appeals Court recognized “Diminution in Value” as the measure of damages the difference in the value of the property immediately before the accident and the value of the vehicle immediately after the vehicle’s repair.
Oliver vs. Henry
What is Diminution in Value Claim and is the Owner of a Vehicle Entitled to that Damage?
Family Purpose Doctrine
In-Depth Article from attorney Lucas N. Frank that sites multiple court cases such as: Brown v. Stogdill, Siverson v. Martori, Hansen v. Oakley, Pesqueria v. Talbot, Dunn v. Caylor, Platt v. Gould, Jacobson v. Superior Court, and Country Mutual Insurance Company v. Hartley.
Family Purpose Doctrine
Garage Loaner Vehicles
Article from attorneys Les S. Tuskai & William G. Caravetta of Jones, Skelton & Hochuli Law Firm
Primary vs. Excess Liability Coverage on Garage Loaner Vehicles Beware!
Uninsured/Underinsured Motorist Coverage Selection Form
Ballesteros vs. American Standard Ins Co – Supreme Ct Ruling on Non-English Speaking Policyholder
IIABAZ Bulletin on Ballesteros Case with Attorney Myles Hassett’s Summary
Michael Blevins vs. GEICO – UM/UIM Selection/Rejection Form Still Mandated by ADOI
Cundiff vs. State Farm – UM/UIM Can Carrier Reduce Coverage Payable by Deducting WC Benefits
Martina Ramos Melendez vs. Hallmark Insurance Company
Beaver vs. American Family Mutual Insurance Company
Newman vs. Cornerstone National Ins. Co. Supreme Court Decision on Forms Showing Premiums
Wilks vs. Manobianco Supreme Court Decision on Form Offer Insurers Not Producers Protection
Benefit Exclusion
Withholding Benefits for Testing Positive for Drugs and Alcohol is Unconstitutional
Grammatico & Komalestewa vs. Industrial Commission et al