What Directors and Officers (D&O) Insurance Requirements Apply in Arkansas?

Arkansas business-corporation charter exculpation does not erase liability to third parties, and its statute preserves director duties involving loyalty, bad faith, unlawful distributions, and improper personal benefits. These provisions concern Arkansas business corporations; identify every insured entity’s legal form and incorporation jurisdiction before applying them.

What Is D&O Insurance?

D&O insurance can help pay covered defense costs and losses from claims against company leaders over management decisions. If your organization has a board or executives, check whether the company itself is insured and whether legal bills reduce the limit. Read the national Directors and officers guide.

What Should You Watch for With D&O Insurance in Arkansas?

Third-Party Claims Remain Outside Charter Exculpation
Arkansas § 4-27-202(b)(3) expressly preserves a director’s third-party liability. Check how the policy defines insured-person liability and whether defense costs erode the limit. ¹
Derivative Indemnity Can Be Court-Limited
Under § 4-27-850(b), indemnity in a claim brought for the corporation is generally limited to expenses; after the director is adjudged liable to the corporation, a court must find indemnity fair and reasonable. Ask how the policy responds when corporate reimbursement is unavailable. ¹
Check the Charter and Conduct Exceptions
The articles may limit director damages, but the statute excludes loyalty breaches, bad-faith or intentional conduct, unlawful distributions, and improper personal benefit. Obtain the operative articles and amendments. ¹

Which D&O Insurance Providers Have Arkansas License Records?

These providers publish a national listing for Directors and officers; the license records below name the licensed entities and roles. Some records rely on company-reported information rather than independent regulator verification. A national listing does not confirm the product is available in Arkansas. Check the regulator’s license lookup and confirm state availability for your business when requesting a quote.

Coalition
Insurance producer, Surplus-lines broker · checked 2026-09-28
Coalition Insurance Solutions, Inc.
Coalition’s license page lists producer and surplus-lines licenses for Coalition Insurance Solutions, Inc. in all 50 states and the District of Columbia. The page separately lists insurers; this record covers the brokerage entity only. ¹¹
Coalition offers directors and officers liability through its executive-risks product for private and nonprofit US organizations.
Corgi
Insurance producer · checked 2026-09-28
Corgi Insurance Services, Inc.
Corgi’s company producer-license table lists 50 jurisdictions: 49 states and the District of Columbia, including DC license 3003091619. New Mexico does not appear in the table and is not included here; the omission does not establish that Corgi is unlicensed there. The company-reported table has no stated as-of date and does not establish product availability. ¹²
Corgi lists directors and officers insurance among its business insurance offerings.
TechInsurance
Insurance producer · checked 2026-09-28
Specialty Program Group LLC
TechInsurance’s current licensing page names Specialty Program Group LLC / SPG Insurance Solutions and lists state license numbers, but labels Rhode Island “Individual licenses” rather than identifying a license for the named agency. RI is omitted because this disclosure does not establish agency authority there; this is a search limitation, not an assertion that the company is unlicensed. The remaining state entries are company-reported and are not an insurance product availability map. ¹⁵
TechInsurance arranges directors and officers liability insurance for small businesses.
Vouch
Insurance producer, Surplus-lines broker · checked 2026-09-28
Vouch Specialty Insurance Services, LLC
Vouch’s licenses page, effective January 16, 2025, lists producer licenses in all 50 states and DC. Its separate surplus-lines table includes Idaho number 870820, while a footnote says Georgia and Idaho do not issue agency-level surplus-lines licenses. Because those statements conflict for Idaho, this record keeps Idaho producer-only and does not treat the table number as established agency surplus-lines authority. The page is company-reported and does not establish product availability. ¹⁶
Vouch lists directors and officers insurance in its technology-company programs.

Who Regulates Insurance in Arkansas?

Arkansas Insurance Department

The Arkansas Insurance Department licenses resident and nonresident producers and business entities, accepts insurance complaints, and provides links to company and producer license searches. It operates as a division of the Arkansas Department of Commerce. ^3,^4,^8,⁵

Website: Regulator website
License lookup: Search licensed producers
Complaints: File a complaint
Phone: (800) 852-5494

Surplus-Lines Tax and Stamping Office in Arkansas

Reported tax rate. 4% when Arkansas is the insured's home state ^6,^7,⁹

Arkansas's broker filing instructions set a 4% surplus-lines tax. Federal law assigns nonadmitted-insurance regulation and tax to the insured’s home state; for a multistate policy, ask your broker to show the home state and the premium allocation used for the Arkansas filing. Arkansas law requires the contract to disclose that the state's property-and-casualty guaranty protection does not apply.

What Should You Ask Before Buying D&O Insurance in Arkansas?

Does our Arkansas corporation’s filed articles include the optional director-liability provision?
For a derivative suit, how are defense costs handled if Arkansas law limits corporate indemnity to expenses or requires court approval?
Does the policy protect directors from third-party claims that the articles cannot exculpate?

D&O Insurance in Arkansas: Frequently Asked Questions

Can Arkansas articles eliminate a director’s liability to third parties?

No. Section 4-27-202(b)(3) limits the optional provision to liability to the corporation or its stockholders and expressly preserves third-party liability. ¹

Can an Arkansas corporation indemnify a director after a derivative judgment?

Only in limited circumstances. Section 4-27-850(b) generally limits derivative indemnity to reasonable expenses and requires a court to find indemnity fair and reasonable only after the director is adjudged liable to the corporation, and then only if a court finds the director fairly and reasonably entitled to expenses. ²

Sources for D&O Insurance in Arkansas

1
Act 958 of the 1987 Regular Session: Arkansas Business Corporation Act. Arkansas Bureau of Legislative Research; Original Act §§ 64-202(B)(3) and 64-102 (pre-codification section numbering; current Code reference in official Code Search portal). Accessed 2026-09-28.
2
Arkansas Code Search, official statutory database. Arkansas Bureau of Legislative Research; Current codification lookup for Ark. Code §§ 4-27-202(b)(3) and 4-27-850(b); portal did not expose operative text in this review. Accessed 2026-09-28.
3
Arkansas Insurance Department. Arkansas Insurance Department; Official agency homepage. Accessed 2026-09-28.
4
Licensing. Arkansas Insurance Department; Licensing Division guidance and state-based systems lookup for Arkansas agent and agency licensees. Accessed 2026-09-28.
5
File A Complaint. Arkansas Insurance Department; Online complaint filing for insurance providers, including agents and companies. Accessed 2026-09-28.
6
Surplus Lines Brokers Filing. Arkansas Insurance Department; Current broker filing instructions state that 4% broker tax must be remitted. Accessed 2026-09-28.
7
23 CAR § 201-104: Endorsement of contract. Arkansas Code of Rules; Required surplus-lines contract disclosure: no Arkansas P&C Guaranty Act protection and 4% tax collected from insured. Accessed 2026-09-28.
8
Property and Casualty Insurers. Arkansas Insurance Department; Company Search verifies whether an insurer is licensed in Arkansas. Accessed 2026-09-28.
9
15 U.S.C. § 8202: Regulation of nonadmitted insurance by insured's home State. U.S. House of Representatives, Office of the Law Revision Counsel; § 8202(a): nonadmitted placement is subject solely to insured's home-State requirements, except as otherwise provided; § 8201 addresses exclusive home-State tax authority. Accessed 2026-09-28.
10
Licenses. At-Bay; Current producer introduction and state table; At-Bay Insurance Services LLC; P&C and surplus-lines identifiers. Accessed 2026-09-21.
11
Licenses and Carriers. Coalition; Licenses and Carriers, re-read 22 September 2026: Insurance Licenses table for Coalition Insurance Solutions, Inc., national producer number 18419475, with producer and surplus-lines numbers for all 50 states and DC including California 0L76155, Georgia 196479, Texas 2199630 and 2205589, Pennsylvania 815731 and 817452, Colorado 539028 and Wisconsin 3000108852. Insurance Carriers table naming, with NAIC numbers, Allianz Underwriters Insurance Company 36420, Arch Specialty Insurance Company 21199, Ascot Specialty Insurance Company 45055, Ascot Insurance Company 23752, Aspen Specialty Insurance Company 10717, Chaucer Insurance Company DAC, Coalition Insurance Company 29530, Fireman's Fund Indemnity Corporation 11380, Fortegra Specialty Insurance Company 16823, Lloyd's of London, MSIG Specialty Insurance USA Inc. 34886, MS Transverse Specialty Insurance Company 41807, Steadfast Insurance Company 26387, Vantage Risk Specialty Insurance Company 16275 and Zurich American Insurance Company 16535. Accessed 2026-09-22.
12
Insurance Producer Licenses. Corgi Insurance; Current complete Insurance Producer Licenses table for Corgi Insurance Services, Inc.; 50 rows covering 49 states and DC (DC 3003091619); no New Mexico row; no NPN or as-of date shown. Accessed 2026-09-28.
13
About Hiscox US Insurance. Hiscox; Hiscox Insurance Company Inc. NAIC 10200 as Chicago, IL domiciled insurer admitted or licensed in all 50 states and D.C.; Hiscox Inc. as general agent and Lloyd’s coverholder for Syndicates 33 and 3624; surplus-lines placements through licensed surplus-lines brokers; A.M. Best rating statement. Accessed 2026-09-16.
14
Licenses. ERGO NEXT Insurance; Current entity-by-state license table reopened 28 September 2026: 50 rows under Next First Insurance Agency, Inc., including Washington, DC; New York rows instead list Next Insurance Services PC-1423070 and AP Intego BR-1198885. Accessed 2026-09-28.
15
Insurance Licenses by State. TechInsurance; Current state table; identifies TechInsurance as a division of Specialty Program Group LLC d/b/a SPG Insurance Solutions; lists DC 3000041536 and labels Rhode Island “Individual licenses,” without an agency license number. Accessed 2026-09-28.
16
Licenses. Vouch; Effective 16 January 2025: Vouch Specialty Insurance Services, LLC, NPN 19926463; P&C table (50 states and DC); surplus-lines table includes Idaho 870820; footnote says Georgia and Idaho do not issue agency-level surplus-lines licenses; Idaho retained as producer-only due to conflict. Accessed 2026-09-15.

What Directors and Officers (D&O) Insurance Requirements Apply in Arkansas?

What Is D&O Insurance?

What Should You Watch for With D&O Insurance in Arkansas?

Third-Party Claims Remain Outside Charter Exculpation

Derivative Indemnity Can Be Court-Limited

Check the Charter and Conduct Exceptions

Which D&O Insurance Providers Have Arkansas License Records?

Coalition

Corgi

TechInsurance

Vouch