Okla. Stat. tit. 36, § 36-2735.1 — OK Code / Title 36 / Section 36-2735.1
Service of process
Status: in_force

A. Every society authorized to do business in this state shall

appoint in writing the Insurance Commissioner and each successor in

office to be its true and lawful attorney upon whom all lawful

process in any action or proceeding against it shall be served, and

shall agree in writing that any lawful process against it which is

served on said attorney shall be of the same legal force and

validity as if served upon the society, and that the authority shall

continue in force so long as any liability remains outstanding in

this state. Copies of the appointment, certified by said

Commissioner, shall be deemed sufficient evidence thereof and shall

be admitted in evidence with the same force and effect as the

original thereof might be admitted.

B. Service shall only be made upon the Commissioner, or if

absent, upon the person in charge of the Commissioner's office. It

shall be made in triplicate and shall constitute sufficient service

upon the society. When legal process against a society is served

upon the Commissioner, the Commissioner shall forthwith forward one

of the triplicate copies by registered mail, prepaid, directed to

the secretary or corresponding officer. No such service shall

require a society to file its answer, pleading or defense in less

than thirty (30) days from the date of mailing the copy of the

service to a society. Legal process shall not be served upon a

society except in the manner herein provided. At the time of

serving any process upon the Commissioner, the plaintiff or

complainant in the action shall pay to the Commissioner a fee of Ten

Dollars ($10.00).
Okla. Stat. tit. 36, § 36-6034 — OK Code / Title 36 / Section 36-6034
Sale or transfer of securities issued under incentive,
Status: in_force

bonus or stock option plans.

After the effective date of this act, no equity securities

issued by any domestic life insurance company, under any incentive,

bonus, "stock option" or similar plan, and no rights to acquire any

such equity securities shall, within a period of two (2) years after

the date of original allotment by the issuer thereof be sold, or be

transferred for value, or be exchanged, for a consideration

exceeding one hundred fifteen percent (115%) of the net proceeds

received by the issuer thereof for such securities or rights at the

time of allotment, provided, however, that the limitations in this

section set forth shall not be applicable to any such securities or

rights originally issued or allotted at a price or value equal to

the market price of such securities or rights on the date of issue

or allotment, or to any such securities or rights allotted or issued

by the issuer thereof for eighty-five percent (85%) or more of the

price or value at which such securities or rights were offered by

such issuer to the public on the date of allotment or issue thereof,

whichever is the greater, or to any such securities or rights which

were deposited and held in escrow for at least two (2) years from

date of issue or allotment in compliance with a rule promulgated or

an order issued by the Administrator, Oklahoma Securities

Commission, under the Oklahoma Uniform Securities Act of 2004. It

shall be unlawful for any person to sell, transfer or exchange any

such equity securities in contravention of this section.
Okla. Stat. tit. 36, § 36-7101 — OK Code / Title 36 / Section 36-7101
Perpetual Care Fund Act
Status: in_force

Sections 7101 through 7112 of this title shall be known and may

be cited as the "Perpetual Care Fund Act".
Okla. Stat. tit. 36, § 36-1111 — OK Code / Title 36 / Section 36-1111
Acceptance of surplus line business by brokers
Status: in_force

A surplus lines licensee or broker may accept and place surplus

lines insurance from any insurance agent or broker licensed in this

state for the kind of insurance involved, and may compensate such

agent or broker therefor. The insurance agent or broker shall have

the right to receive from the surplus lines insurer the customary

commission.
Okla. Stat. tit. 36, § 36-670 — OK Code / Title 36 / Section 36-670
Short title — Insurance Data Security Act
Status: in_force

This act shall be known and may be cited as the “Insurance Data

Security Act”.
Okla. Stat. tit. 36, § 36-703 — OK Code / Title 36 / Section 36-703
"Accident and health insurance" defined
Status: in_force

"Accident and health insurance" is insurance against bodily

injury, disablement, or death by accident or accidental means, or

the expense thereof, or against disablement or expense resulting

from sickness, and every insurance appertaining thereto.
Okla. Stat. tit. 36, § 36-6924 — OK Code / Title 36 / Section 36-6924
Payment of fees
Status: in_force

Every health maintenance organization subject to the provisions

of the Health Maintenance Organization Act of 2003 shall pay to the

Insurance Commissioner the fees provided in Section 321 of Title 36

of the Oklahoma Statutes.
Okla. Stat. tit. 36, § 36-1804 — OK Code / Title 36 / Section 36-1804
Appointment of supervisor - Acts prohibited - Additional
Status: in_force

requirements.

A. During any period of supervision, the Commissioner may

appoint a supervisor for such insurer and provide that the insurer

may not do any of the following things without the prior approval of

the Commissioner or his supervisor:

1. Dispose, convey or encumber any of its assets or its

business in force;

2. Withdraw funds from bank accounts;

3. Lend funds;

4. Invest funds;

5. Transfer property;

6. Incur any debt, obligation or liability;

7. Merge or consolidate with another company; or

8. Enter into any new reinsurance contract or treaty.

B. In addition, the Commissioner may require of the insurer,

the following:

1. Periodic actuarial reviews;

2. That the insurer limit or cease writing certain lines of

insurance.
Okla. Stat. tit. 36, § 36-1504 — OK Code / Title 36 / Section 36-1504
Reporting assets not allowed
Status: in_force

All assets not allowed and all other assets of doubtful value or

character included as assets in any statement by an insurer to the

Insurance Commissioner, or in any examiner's report to said

Commissioner, shall also be reported, to the extent of the value

disallowed, as deductions from the gross assets of such insurer.
Okla. Stat. tit. 36, § 36-1415.4 — OK Code / Title 36 / Section 36-1415.4
Navigator limitations and prohibited actions
Status: in_force

A. Violation of any provision of Title 36 of the Oklahoma

Statutes or the federal Patient Protection and Affordable Care Act,

including any act or omission that would be a ground for denial,

suspension or revocation of the license of an insurance producer

under the Oklahoma Producer Licensing Act and of the license of a

managing general agent under the Managing General Agents Act, shall

be a ground for the denial, suspension, revocation, or refusal to

renew a registration, the levy of a fine or any combination of

actions.

B. Registration as a navigator pursuant to the provisions of

this act shall not constitute licensing as a producer as defined in

the Oklahoma Producer Licensing Act.

C. Navigators shall not, except as specifically required by the

provisions of the federal act:

1. Provide advice about which health benefit plan or benefits,

terms and features of a particular health benefit plan are better or

worse for a particular individual or business;

2. Recommend a particular health benefit plan or advise

individuals or businesses about which health benefit plan to choose;

3. Receive any commission, compensation or anything of value

from any insurer, health benefit plan, business or consumer for

performing activities specifically required to be provided as a

navigator pursuant to the provisions of the federal act;

4. Accept any compensation or anything of value that is

dependent, in whole or in part, on whether a person enrolls in or

purchases a health plan;

5. Offer gifts of any value to enrollees or prospective

enrollees as an inducement to, or conditioned upon, the submission

of an application for health insurance or the purchase or renewal of

a health plan;

6. Engage in door-to-door solicitations, make unsolicited

telephone calls, or send unsolicited electronic communications;

7. Solicit any person that is known to be currently insured

under a health benefit plan;

8. Engage in voter registration activities while performing the

duties of a navigator;

9. Make or cause to be made any communication relating to the

exchange, health benefit plans, an insurance contract, the insurance

business, any insurer or any producer that contains false, deceptive

or misleading information;

10. Engage in any unfair method of competition or any

fraudulent, deceptive or dishonest act or practice; or

11. Violate any applicable insurance law or regulation of this

state or any subpoena or order of the Commissioner.
Okla. Stat. tit. 36, § 36-1616 — OK Code / Title 36 / Section 36-1616
Limitations on investments in corporate securities
Status: in_force

A. Except with the consent of the Insurance Commissioner, no

domestic life insurer shall, in addition to other investments

permitted by this article, invest an amount equal in the aggregate

to more than ten percent (10%) of its assets, or in the case of a

domestic nonlife insurer, an amount equal in the aggregate to more

than twenty percent (20%) of its assets in the shares of solvent

corporations created or existing under the laws of the United States

or of any state. Investing in the shares of mutual funds that

invest only in bonds or preferred stocks shall be considered as

investing in bonds or preferred stocks, and investing in mutual

funds that invest in common stocks shall be considered as investing

in common stocks. However, investments in the shares of

subsidiaries or companion insurance companies shall be governed by

Section 1652 of this title and this subsection shall not apply to

investments by domestic insurers in the shares of insurance

subsidiaries.

B. For the purpose of determining the investment limitation

imposed by this article, the insurer shall value securities

purchased pursuant to the provisions of this article at the cost of

the security or at the market value of the security, whichever is

lower.
Okla. Stat. tit. 36, § 36-6654 — OK Code / Title 36 / Section 36-6654
Financial security requirements for sales of products
Status: in_force

No vehicle protection product shall be sold or offered for sale

in this state unless the warrantor meets the conditions specified in

either paragraph 1 or 2 of this section in order to ensure adequate

performance under the warranty. No other financial security

requirements or financial standards for warrantors shall be

required.

Oklahoma Statutes - Title 36. Insurance Page 1332

1. The vehicle protection product warrantor is insured under a

warranty reimbursement policy issued by an insurer authorized to do

business in this state which provides that:

a. the insurer will pay to, or on behalf of, the

warrantor one hundred percent (100%) of all sums that

the warrantor is legally obligated to pay according to

the warrantor’s contractual obligations under the

warrantor’s vehicle protection product warranty,

b. a true and correct copy of the warranty reimbursement

insurance policy has been filed with the Insurance

Commissioner by the warrantor, and

c. the policy contains the provision required in Section

7 of this act.

2. a. The vehicle protection product warrantor, or its

parent company in accordance with subparagraph b of

this paragraph, maintains a net worth or stockholders’

equity of Fifty Million Dollars ($50,000,000.00), and

b. the warrantor provides the Commissioner with a copy of

the warrantor’s or the warrantor’s parent company’s

most recent Form 10-K or Form 20-F filed with the

Securities and Exchange Commission within the last

calendar year or, if the warrantor does not file with

the Securities and Exchange Commission, a copy of the

warrantor or the warrantor’s parent company’s audited

financial statements that shows a net worth of the

warrantor or its parent company of at least Fifty

Million Dollars ($50,000,000.00). If the warrantor’s

parent company’s Form 10-K, Form 20-F, or audited

financial statements are filed to meet the warrantor’s

financial stability requirement, then the parent

company shall agree to guarantee the obligations of

the warrantor relating to warranties issued by the

warrantor in this state. The financial information

filed under this subparagraph shall be confidential as

a trade secret of the entity filing the information

and not subject to public disclosure.
Okla. Stat. tit. 36, § 36-4502.1 — OK Code / Title 36 / Section 36-4502.1
Conversion privilege
Status: in_force

A. A health insurance policy delivered or issued for delivery

in this state that provides for conversion to an individual policy

by an insured on termination of membership in or employment with the

Oklahoma Statutes - Title 36. Insurance Page 983

group shall provide a conversion privilege to an individual policy

to the spouse of the insured on death of the insured or on divorce

from the insured or on termination of the insured's membership in or

employment with the group for any reason including retirement. If

the conversion privilege available to the insured provides for

coverage of the insured's spouse, the group insurer shall not be

required to issue a separate conversion policy to the spouse.

B. Subsection A of this section applies only to a spouse of an

insured if the spouse is covered under the health insurance policy

at the time of the insured's death or divorce from the insured or

termination of the insured's coverage.

C. This act applies to all health insurance policies that are

delivered or issued for delivery in this state on or after October

1, 1981. Any presently approved policy forms containing any

provision in conflict with the requirements of this act may be

brought into compliance with this act by the use of riders and

endorsements which have been approved by the Commissioner of

Insurance.

D. As used in this section:

1. "Health insurance policy" means a group policy or contract

providing insurance for hospital, surgical, or medical expenses

incurred as a result of an accident or sickness.

2. "Insured" means an employee or member of a group that is

covered by a health insurance policy.

E. The person who accepts the conversion policy shall become

the insured and pay the premiums direct to the insurer.
Okla. Stat. tit. 36, § 36-2003 — OK Code / Title 36 / Section 36-2003
Application of act
Status: in_force

The Oklahoma Property and Casualty Insurance Guaranty

Association Act shall apply to all kinds of direct insurance, but

shall not be applicable to the following:

1. Life, annuity, health, or disability insurance;

2. Ocean marine insurance;

3. Fidelity or surety bonds, or any other bonding obligations;

4. Title, as defined in Sections 702, 703, 705, 708 and 709 of

this title, mortgage or financial guaranty insurance or other forms

of insurance offering protection against investment risks;

5. Credit insurance, insurance of warranties or service

contracts, annuities, vendors single interest insurance, collateral

protection insurance;

6. Any transaction or combination of transactions between a

person, including affiliates of the person, and an insurer,

including affiliates of the insurer, which involves the transfer of

investment or credit risk unaccompanied by transfer of insurance

risk; and

7. Any insurance provided by or guaranteed by a government.
Okla. Stat. tit. 36, § 36-6671 — OK Code / Title 36 / Section 36-6671
Limited lines license
Status: in_force

A. A vendor is required to hold a limited lines license to sell

or offer coverage under a policy of portable electronics insurance.

B. A limited lines license issued pursuant to this section

shall authorize any employee or authorized representative of the

vendor to sell or offer coverage under a policy of portable

electronics insurance to a customer at each location at which the

vendor engages in portable electronics transactions.

C. The supervising entity shall maintain a registry of vendor

locations which are authorized to sell or solicit portable

Oklahoma Statutes - Title 36. Insurance Page 1339

electronics insurance coverage in this state. Upon request by the

Insurance Commissioner and with ten (10) days' notice to the

supervising entity, the registry shall be open to inspection and

examination by the Insurance Commissioner during regular business

hours of the supervising entity.

D. Notwithstanding any other provision of law, a license issued

pursuant to this section shall authorize the licensee and its

employees or authorized representatives to engage in those

activities that are permitted in this section.
Okla. Stat. tit. 36, § 36-2109 — OK Code / Title 36 / Section 36-2109
Applications for insurance in formation of mutual
Status: in_force

insurers.

A. Upon issuance of its certificate of incorporation as

provided in subsection B of Section 2107 of this article, the

directors and officers of a domestic mutual corporation formed for

the purpose of becoming a mutual insurer may open books for the

Oklahoma Statutes - Title 36. Insurance Page 627

registration of such requisite applications for insurance policies

as they may accept, and may receive deposits of premiums thereon.

B. All such applications shall be in writing signed by the

applicant, covering subjects of insurance resident, located, or to

be performed in Oklahoma.

C. All such applications shall provide that:

1. Issuance of the policy is contingent upon completion of

organization of the insurer and issuance to it of a proper

certificate of authority.

2. No insurance is provided until the certificate of authority

has been so issued; and

3. The prepaid premium or deposit, and membership or policy

fee, if any, shall be refunded in full to the applicant if the

organization is not completed and certificate of authority issued

before a specified reasonable date, which date shall be not later

than one (1) year following date of issuance of the certificate of

incorporation.

D. All qualifying premiums collected shall be in cash.

E. Solicitation for such qualifying applications for insurance

shall be by licensed agents of the corporation, and the Commissioner

shall upon application therefor issue temporary agent's licenses

expiring on the date specified pursuant to paragraph 3, subsection

B, above, to individuals appointed by the corporation and qualified

as for a resident agent's license except as to the taking of an

examination. The Commissioner may suspend or revoke any such

license for any of the same causes and pursuant to the same

procedures as are applicable to suspension or revocation of licenses

of agents in general under article 13.
Okla. Stat. tit. 36, § 36-2662 — OK Code / Title 36 / Section 36-2662
Relationship of optometrist and patient
Status: in_force

Nothing in this article shall be deemed to alter the

relationship of optometrist and patient. No such corporation shall

in any way influence the subscriber in his free choice of

optometrist, other than to limit its benefit to participating

optometrists. Nothing in this article shall be deemed to abridge

the right of any optometrist to decline patients in accordance with

the standards and practices of such optometrist, and no such

corporation shall be deemed to be engaged in the corporate practice

of optometry.
Okla. Stat. tit. 36, § 36-307.6 — OK Code / Title 36 / Section 36-307.6
Insurance Department Pharmacy Benefits Manager Revolving
Status: in_force

Fund.

Oklahoma Statutes - Title 36. Insurance Page 61

A. There is hereby created in the State Treasury a revolving

fund for the Insurance Department, to be designated the "Insurance

Department Pharmacy Benefits Manager Revolving Fund". The fund

shall be a continuing fund, not subject to fiscal year limitation,

and shall consist of any monies deposited to the fund as provided in

subsection B of this section. All monies accruing to the credit of

the fund are hereby appropriated and may be budgeted and expended by

the Department for the purpose of licensing, regulating and

investigating abuse, negligence, criminal conduct, or other

violations of insurance laws and regulations, and ensuring

compliance with the same. Warrants for expenditures from the

revolving fund shall be drawn by the State Treasurer, based on

claims signed by an authorized employee or employees of the

Insurance Department, and filed with the Director of the Office of

Management and Enterprise Services.

B. The Department shall deposit all the monies obtained from

the licensure and regulation of pharmacy benefits managers

including, but not limited to, any fees, fines, settlement or

consent order proceeds, or other penalties assessed and collected

into the Insurance Department Pharmacy Benefits Manager Revolving

Fund created in subsection A of this act.
Okla. Stat. tit. 36, § 36-4112 — OK Code / Title 36 / Section 36-4112
Payment of proceeds - Time
Status: in_force

An insurer shall pay the proceeds of any benefits under group

life insurance policy not more than thirty (30) days after the

Oklahoma Statutes - Title 36. Insurance Page 930

insurer has received proof of death of the insured. If the proceeds

are not paid within this period, the insurer shall pay interest on

the proceeds, at a rate which is not less than the current rate of

interest on death proceeds on deposit with the insurer, from the

date of death of the insured to the date when the proceeds are paid.

Payment shall be deemed to have been made on the date an electronic

payment is made or a check, draft or other valid instrument which is

equivalent to payment was placed in the U.S. mails in a properly

addressed, postpaid envelope; or, if not so posted, on the date of

delivery of such instrument to the beneficiary.
Okla. Stat. tit. 36, § 36-4505 — OK Code / Title 36 / Section 36-4505
Group and blanket accident and health policy provisions
Status: in_force

The provisions of Article 44 (Individual Accident and Health

Insurance) shall not apply to group accident and health or blanket

accident and health insurance policies, but no such policy of group

or blanket accident and health insurance shall contain any provision

relative to notice or proof of loss, or to the time for paying

benefits, or to the time within which suit may be brought on the

policy, which is less favorable to the individuals insured than

would be permitted by the standard provisions required for

individual accident and health insurance policies.
Okla. Stat. tit. 36, § 36-6966.2 — OK Code / Title 36 / Section 36-6966.2
Attorney General's Pharmacy Benefits Manager
Status: in_force

Enforcement Revolving Fund.

Oklahoma Statutes - Title 36. Insurance Page 1442

There is hereby created in the State Treasury a revolving fund

for the Office of the Attorney General, to be designated the

“Attorney General’s Pharmacy Benefits Manager Enforcement Revolving

Fund”. The fund shall be a continuing fund, not subject to fiscal

year limitations, and shall consist of any monies collected by the

Attorney General and designated to the fund by law, including those

levied for activities related to enforcement of the Patient’s Right

to Pharmacy Choice Act, the Pharmacy Audit Integrity Act, and the

provisions of Sections 357 through 360 of Title 59 of the Oklahoma

Statutes. All monies accruing to the credit of the fund are hereby

appropriated and may be budgeted and expended by the Attorney

General for the purposes provided in this section. Expenditures

from the fund shall be made upon warrants issued by the State

Treasurer against claims filed as prescribed by law with the

Director of the Office of Management and Enterprise Services for

approval and payment.
Okla. Stat. tit. 36, § 36-2929 — OK Code / Title 36 / Section 36-2929
Merger or conversion
Status: in_force

A. A domestic reciprocal insurer upon affirmative vote of not

less than two-thirds (2/3) of its subscribers who vote on such

merger pursuant to due notice and the approval of the Insurance

Commissioner of the terms therefor, may merge with another

reciprocal insurer or be converted to a stock or mutual insurer.

B. Such a stock or mutual insurer shall be subject to the same

capital requirements and shall have the same rights as a like

domestic insurer transacting like kinds of insurance.

C. The Insurance Commissioner shall not approve any plans for

such merger or conversion which is inequitable to subscribers, or

which, if for conversion to a stock insurer, does not give each

subscriber preferential right to acquire stock of the proposed

insurer proportionate to his interest in the reciprocal insurer as

determined in accordance with Section 2928 of this article and a

reasonable length of time within which to exercise such right.
Okla. Stat. tit. 36, § 36-6518 — OK Code / Title 36 / Section 36-6518
Maintenance and disclosure of certain information and
Status: in_force

documents - Filing of actuarial certification.

A. Each small employer carrier shall maintain at its principal

place of business a complete and detailed description of its rating

practices and renewal underwriting practices, including information

and documentation that demonstrate that its rating methods and

practices are based upon commonly accepted actuarial assumptions and

are in accordance with sound actuarial principles.

B. Each small employer carrier shall file with the Insurance

Commissioner annually on or before March 15 an actuarial

certification certifying that the carrier is in compliance with this

act and that the rating methods of the small employer carrier are

actuarially sound. Such certification shall be in a form and

manner, and shall contain such information, as specified by the

Commissioner. A copy of the certification shall be retained by the

small employer carrier at its principal place of business.

C. A small employer carrier shall make the information and

documentation described in subsection A of this section available to

the Commissioner upon request. Except in cases of violations of

this act, the information shall be considered proprietary and trade

secret information and shall not be subject to disclosure by the

Commissioner to persons outside of the Department except as agreed

to by the small employer carrier or as ordered by a court of

competent jurisdiction.
Okla. Stat. tit. 36, § 36-101 — OK Code / Title 36 / Section 36-101
Short title
Status: in_force

Title 36 of the Oklahoma Statutes shall be known and may be

cited as the Oklahoma Insurance Code.
Okla. Stat. tit. 36, § 36-6516 — OK Code / Title 36 / Section 36-6516
Renewability of health benefit plans - Election not to
Status: in_force

renew - Geographic service area.

A. A health benefit plan subject to this act shall be renewable

with respect to all eligible employees and dependents, at the option

of the small employer, except in any of the following cases:

1. Nonpayment of the required premiums;

2. Fraud or misrepresentation of the small employer or, with

respect to coverage of individual insureds, the insureds or their

representatives;

3. Noncompliance with the carrier's minimum group participation

requirements;

Oklahoma Statutes - Title 36. Insurance Page 1282

4. Noncompliance with the carrier's employer contribution

requirements;

5. Repeated misuse of provider network provisions;

6. The small employer carrier elects to nonrenew all of its

health benefit plans issued to small employers in this state. In

such a case the carrier shall:

a. provide advance notice of its decision under this

paragraph to the Insurance Commissioner in each state

in which it is licensed, and

b. provide notice of the decision not to renew coverage

to all affected small employers and to the

Commissioner in each state in which an affected

covered individual is known to reside at least one

hundred eighty (180) days prior to the nonrenewal of

any health benefit plan by the carrier. Notice to the

Commissioner under this subparagraph shall be provided

at least three (3) working days prior to the notice to

the affected small employers; or

7. The Commissioner finds that the continuation of the coverage

would:

a. not be in the best interests of the policyholders or

certificate holders, or

b. impair the carrier's ability to meet its contractual

obligations. In such instance the Commissioner may

assist affected small employers in finding replacement

coverage.

B. A small employer carrier that elects not to renew a health

benefit plan under paragraph 6 of subsection A of this section shall

be prohibited from writing new business in the small employer market

in this state for a period of five (5) years from the date of notice

to the Commissioner.

C. In the case of a small employer carrier doing business in

one established geographic service area of the state, the provisions

of this section shall apply only to the carrier's operations in such

service area.