Are there statutes or Rules concerning the use of age and gender as underwriting criteria in Arkansas?
A. Yes. An insurer should consider the relevant provisions of the Arkansas Trade Practices Act, Ark. Code Ann. ยง 23-66-206. However, if age and gender are proven to be a substantial factor as an underwriting criteria by the alleged discriminator, then an insurer is not prohibited from using it as a criterion to charge different rates to different customers.