reglab/housing_qa huggingface dataset:
15 OK Stat § 15-141.13v1 (2021)
2021 Oklahoma Statutes|Title 15. Contracts|§15-141.13v1. Service warranty forms.

|A. No service warranty form or related form shall be issued or used in this state unless the form has been filed with and approved by the Insurance Commissioner. |B. Each filing of a form shall be made not less than thirty (30) days in advance of its issuance or use. At the expiration of thirty (30) days from date of filing, a form so filed shall be deemed approved unless prior thereto it has been affirmatively disapproved by written order of the Commissioner.C. Each service warranty contract shall contain a cancellation provision. In the event the contract is canceled by the warranty holder, return of the provider fee shall be based upon ninety percent (90%) of the unearned pro rata provider fee less the actual cost of any service provided under the service warranty contract. In the event the contract is canceled by the association, return of premium shall be based upon one hundred percent (100%) of unearned pro rata provider fee less the actual cost of any service provided under the service warranty contract.D. Service contracts shall state the name, address and license number of the service warranty association and shall identify any administrator if different from the service warranty association, the service contract seller and the service contract holder to the extent that the name of the service contract holder has been furnished by the service contract holder. For service contracts issued on and after July 1, 2017, the identity of the service warranty association and its license number shall either be preprinted on the service contract or added by printer at the time of sale so consumers can clearly identify the obligor of the service contract. Information to be printed at the time of sale shall be indicated as such at the time the service contract is filed for approval and a "Jane Doe" specimen shall accompany the service contract illustrating how the service contract will look after printing.E. The Commissioner shall disapprove any form filed pursuant to this section if the form:1. Violates the Service Warranty Act;2. Is misleading in any respect; or3. Is reproduced so that any material provision is substantially illegible.F. The Insurance Commissioner may, by order, exempt from the requirements of this section for so long as he or she deems proper any document or form or type thereof as specified in such order, to which, in his or her discretion, this section may not practicably be applied, or the filing and approval of which are, in his or her opinion, not desirable or necessary for the protection of the public.Added by Laws 2012, c. 150, § 13, eff. Nov. 1, 2012. Amended by Laws 2016, c. 72, § 1, eff. Nov. 1, 2016.
15 OK Stat § 15-141.13v2 (2021)
2021 Oklahoma Statutes|Title 15. Contracts|§15-141.13v2. Service warranty forms.

|A. No service warranty form or related form shall be issued or used in this state unless the form has been filed with the Insurance Commissioner. Service warranty forms shall not be subject to prior approval and shall be filed with the Insurance Commissioner for informational purposes only. |B. Each service warranty contract shall contain a cancellation provision. In the event the contract is canceled by the warranty holder, return of the provider fee shall be based upon ninety percent (90%) of the unearned pro rata provider fee less the actual cost of any service provided under the service warranty contract. In the event the contract is canceled by the association, return of premium shall be based upon one hundred percent (100%) of unearned pro rata provider fee less the actual cost of any service provided under the service warranty contract.C. Service warranties shall state the name and address of the service warranty association and shall identify any administrator if different from the service warranty association, the service warranty seller and the service warranty holder to the extent that the name of the service warranty holder has been furnished by the service warranty holder. For service warranties issued on and after July 1, 2017, the identity of the service warranty association and its license number shall be preprinted on the service warranty or added at the time of sale so consumers can clearly identify the obligor of the service warranty. Information to be printed at the time of sale shall be indicated as such at the time the service warranty is filed and a "Jane Doe" specimen shall accompany the service warranty illustrating how the service warranty will look after printing.D. The Commissioner shall have the authority to immediately order a service warranty association to stop using any service warranty contract if the Commissioner determines that the form:1. Violates the Service Warranty Act;2. Is misleading in any respect; or3. Is reproduced so that any material provision is substantially illegible.E. The Insurance Commissioner may, by order, exempt from the requirements of this section for so long as he or she deems proper any document or form or type thereof as specified in such order, to which, in his or her discretion this section may not practicably be applied, or the filing of which is, in his or her opinion, not desirable or necessary for the protection of the public.Added by Laws 2012, c. 150, § 13, eff. Nov. 1, 2012. Amended by Laws 2016, c. 64, § 1; Laws 2017, c. 10, § 5, eff. Nov. 1, 2017; Laws 2017, c. 241, § 1, eff. Nov. 1, 2017.
15 OK Stat § 15-141.14 (2021)
2021 Oklahoma Statutes|Title 15. Contracts|§15-141.14. Annual financial statement filing - Fines.

|A. In addition to the license fees provided in the Service Warranty Act for service warranty associations each service warranty association and insurer shall annually, on or before the first day of May, file with the Insurance Commissioner its annual financial statement showing all gross written provider fees or assessments received by it in connection with the issuance of service warranties in this state during the preceding calendar year and other relevant financial information as deemed necessary by the Commissioner. The financial statements required by this subsection must be: |1. Audited and prepared in accordance with statutory accounting principles if the applicant complies with the requirements of subsection A of Section 141.6 of this title; or2. Verified under oath of at least two of its principal officers and prepared in accordance with generally accepted accounting principles if the applicant utilizes an insurance policy which satisfies the requirements of subsection B of Section 141.6 of this title.B. The Commissioner may levy a fine of up to One Hundred Dollars ($100.00) a day for each day an association neglects to file its financial statement in the form and within the time provided by the Service Warranty Act.C. In addition to the annual financial statements required to be filed by subsection A of this section, the Commissioner may require of licensees, under oath and in the form prescribed by it, quarterly statements or special reports which the Commissioner deems necessary for the proper supervision of licensees under the Service Warranty Act.D. Provider fees and assessments received by associations and insurers for service warranties shall not be subject to the premium tax provided in Section 624 of Title 36 of the Oklahoma Statutes, but shall be subject to an administrative fee of equal to two percent (2%) of the gross provider fee received on the sale of all service warranties issued in this state during the preceding calendar quarter. The fees shall be paid quarterly to the Insurance Commissioner. However, licensed associations, licensed insurers and entities with applications for licensure as a service warranty association pending with the Department that have contractual liability insurance in place as of March 31, 2009, from an insurer which satisfies the requirements of subsections B and C of Section 141.6 of this title and which covers one hundred percent (100%) of the claims exposure of the association or insurer on all contracts written may elect to pay an annual administrative fee of Three Thousand Dollars ($3,000.00) in lieu of the two-percent administrative fee.Added by Laws 2012, c. 150, § 14, eff. Nov. 1, 2012. Amended by Laws 2017, c. 10, § 6, eff. Nov. 1, 2017; Laws 2018, c. 234, § 5, eff. Nov. 1, 2018.
15 OK Stat § 15-141.15 (2021)
2021 Oklahoma Statutes|Title 15. Contracts|§15-141.15. Examinations of service warranty associations.

|A. Service warranty associations licensed pursuant to the Service Warranty Act are subject to periodic examination by the Insurance Commissioner, in the same manner and subject to the same terms and conditions that apply to insurers. |B. The Commissioner is not required to examine an association that has less than Twenty Thousand Dollars ($20,000.00) in gross written provider fees as reflected in its most recent annual financial statement. The Commissioner may examine such an association if the Commissioner has reason to believe that the association may be in violation of the Service Warranty Act or is otherwise in an unsound financial condition. If the Commissioner examines such an association, the examination fee shall not exceed five percent (5%) of the gross written provider fees of the association.Added by Laws 2012, c. 150, § 15, eff. Nov. 1, 2012. Amended by Laws 2018, c. 234, § 6, eff. Nov. 1, 2018.
15 OK Stat § 15-141.16 (2021)
2021 Oklahoma Statutes|Title 15. Contracts|§15-141.16. Permanent office records.

|As a minimum requirement for permanent office records, each licensed service warranty association shall maintain: |1. A complete set of accounting records, including but not limited to, a general ledger, cash receipts and disbursements journals, accounts receivable registers and accounts payable registers;2. A detailed warranty register of warranties in force. The register shall include the date of issue, issuing sales representative, name of warranty holder, warranty period, gross provider fee, and net provider fee; and3. A detailed centralized claims or service record register which includes the unique identifier, date of issue, date of claim, issuing service representative, amount of claim or service, date claim paid, and, if applicable, disposition other than payment and reason therefor.Added by Laws 2012, c. 150, § 16, eff. Nov. 1, 2012.
15 OK Stat § 15-141.17 (2021)
2021 Oklahoma Statutes|Title 15. Contracts|§15-141.17. Service of process.

|Service warranty associations shall be required to designate an agent in this state for service of process. |Added by Laws 2012, c. 150, § 17, eff. Nov. 1, 2012.
15 OK Stat § 15-141.18 (2021)
2021 Oklahoma Statutes|Title 15. Contracts|§15-141.18. Registry of name and business address of sales representatives.

|Each service warranty association or insurer shall maintain a registry of the name and business address of each sales representative utilized by it in this state. Upon request by the Insurance Commissioner and with ten (10) days' notice to the service warranty association or insurer, the registry shall be provided to the Insurance Commissioner. |Added by Laws 2012, c. 150, § 18, eff. Nov. 1, 2012. Amended by Laws 2014, c. 418, § 3, eff. Nov. 1, 2014; Laws 2017, c. 10, § 7, eff. Nov. 1, 2017.
15 OK Stat § 15-141.19 (2021)
2021 Oklahoma Statutes|Title 15. Contracts|§15-141.19. Administrative penalties.

|A. If, pursuant to procedures provided in the Service Warranty Act, it is found that one or more grounds exist for the suspension, revocation, or refusal to renew or continue any registration issued under the Service Warranty Act, on a first offense and except when such suspension, revocation, or refusal is mandatory, an order may be entered imposing upon the registrant, in lieu of such suspension, revocation, or refusal, an administrative penalty for each violation in the amount of One Hundred Dollars ($100.00), or in the event of willful misconduct or willful violation on the part of the registrant, an administrative fine not to exceed One Thousand Dollars ($1,000.00) for each violation. The administrative penalty may be augmented by an amount equal to any commissions received by or accruing to the credit of the registrant in connection with any transaction to which the grounds for suspension, revocation, or refusal are related. An administrative penalty imposed under this section shall not exceed Five Thousand Dollars ($5,000.00) in the aggregate for all nonwillful violations of a similar nature or One Hundred Fifty Thousand Dollars ($150,000.00) in the aggregate for all willful violations of a similar nature. For purposes of this section, violations shall be of a similar nature if the violation occurs within a single license or filing year and consists of the same or similar course of conduct, action, or practice, irrespective of the number of times the act, conduct, or practice which is determined to be a violation of this act occurred. |B. The order may allow the registrant a reasonable period, not to exceed thirty (30) days, within which to pay to the Insurance Commissioner the amount of the penalty so imposed. If the registrant fails to pay the penalty in its entirety to the Commissioner within the period allowed, the registration of the registrant shall stand suspended or revoked or renewal or continuation may be refused, as the case may be, upon expiration of such period and without any further proceedings.Added by Laws 2012, c. 150, § 19, eff. Nov. 1, 2012.
15 OK Stat § 15-141.20 (2021)
2021 Oklahoma Statutes|Title 15. Contracts|§15-141.20. Prohibited conduct.

|A. Nothing in the Service Warranty Act shall be deemed to authorize any service warranty association to transact any insurance business or otherwise to engage in any type of insurance unless the association is authorized under a certificate of authority issued by the Insurance Commissioner. |B. No authorized insurer or licensed service warranty association shall act as a fronting company for any unauthorized insurer or unlicensed service warranty association. As used in this subsection, a "fronting company" is an authorized insurer or licensed service warranty association which, by reinsurance or otherwise, generally transfers to one or more unauthorized insurers or unlicensed service warranty associations, the risk of loss under warranties written by the company in this state.Added by Laws 2012, c. 150, § 20, eff. Nov. 1, 2012.
15 OK Stat § 15-141.21 (2021)
2021 Oklahoma Statutes|Title 15. Contracts|§15-141.21. Service warranty disclosure statement.

|A service warranty shall contain a disclosure statement containing substantially the following information: "This is not an insurance contract. Coverage afforded under this contract is not guaranteed by the Oklahoma Insurance Guaranty Association". |Added by Laws 2012, c. 150, § 21, eff. Nov. 1, 2012.
15 OK Stat § 15-141.22 (2021)
2021 Oklahoma Statutes|Title 15. Contracts|§15-141.22. Dissolution or liquidation of association.

|Any dissolution or liquidation of an association subject to the provisions of the Service Warranty Act shall be under the supervision of the Insurance Commissioner, who shall have all powers granted under the laws of this state with respect to the dissolution and liquidation of property and casualty insurers. |Added by Laws 2012, c. 150, § 22, eff. Nov. 1, 2012.
15 OK Stat § 15-141.23 (2021)
2021 Oklahoma Statutes|Title 15. Contracts|§15-141.23. Fraudulent applications - Violations of act - Criminal penalties.

|Except as otherwise provided in the Service Warranty Act, any person who knowingly makes a false or otherwise fraudulent application for license or registration, or who knowingly violates any provision of the Service Warranty Act, in addition to being subject to any applicable denial, suspension, revocation, or refusal to renew or continue any license or registration, shall be subject to criminal prosecution and if convicted shall be guilty of a misdemeanor. Each instance of violation shall be considered a separate offense. |Added by Laws 2012, c. 150, § 23, eff. Nov. 1, 2012.
15 OK Stat § 15-141.24 (2021)
2021 Oklahoma Statutes|Title 15. Contracts|§15-141.24. Civil actions.

|A. Any person damaged by a violation of the provisions of the Service Warranty Act may bring a civil action against a person violating such provisions in the district court of the county in which the alleged violator resides or has its principal place of business or in the county in which the alleged violation occurred. Upon adverse adjudication, the defendant shall be liable for actual damages or Five Hundred Dollars ($500.00) whichever is greater, together with court costs and reasonable attorney's fees incurred by the plaintiff. |B. A service warranty and those contracts specified in subparagraphs a through e of paragraph 17 of Section 141.2 of this title shall not be deemed to create a special relationship between the parties which would give rise to an action in tort to recover for breach of the duty of good faith and fair dealing. This section shall not be construed to preclude a breach of contract action for failure of the parties to comply with the implied duty of good faith and fair dealing in carrying out their obligations as set forth in the service warranty.C. This section shall not be construed to authorize a civil action against the Insurance Department, its employees, or the Insurance Commissioner.Added by Laws 2012, c. 150, § 24, eff. Nov. 1, 2012. Amended by Laws 2014, c. 418, § 4, eff. Nov. 1, 2014.
15 OK Stat § 15-141.25 (2021)
2021 Oklahoma Statutes|Title 15. Contracts|§15-141.25. Prohibited conduct.

|No person shall engage in this state in any trade practice which is defined in Section 26 of this act to be an unfair method of competition or an unfair or deceptive act or practice involving the business of service warranty. |Added by Laws 2012, c. 150, § 25, eff. Nov. 1, 2012.
15 OK Stat § 15-141.27 (2021)
2021 Oklahoma Statutes|Title 15. Contracts|§15-141.27. Scope of investigation.

|The Insurance Commissioner shall have the authority to examine and investigate the affairs of every person involved in the business of service warranty in this state in order to determine whether such person has been or is engaged in any unfair method of competition or in any unfair or deceptive act or practice. |Added by Laws 2012, c. 150, § 27, eff. Nov. 1, 2012.
15 OK Stat § 15-141.28 (2021)
2021 Oklahoma Statutes|Title 15. Contracts|§15-141.28. Hearings.

|A. Whenever the Insurance Commissioner has reason to believe that any person has engaged, or is engaging, in this state in any unfair method of competition or any unfair or deceptive act or practice as defined in Section 26 of this act, or is engaging in the business of service warranty without being properly licensed, and that a proceeding by the Commissioner in respect thereto would be in the interest of the public, the Commissioner shall conduct or cause to have conducted a hearing in accordance with Article II of the Administrative Procedures Act. |B. A statement of charges, notice, order, or other process may be served by anyone duly authorized by the Insurance Commissioner, either in the manner provided by law for service of process in civil actions or by certifying and mailing a copy thereof to the person affected by such statement, notice, order, or other process at the residence or principal office or place of business of the person. The verified return by the person so serving such statement, notice, order, or other process, setting forth the manner of the service, is proof of the same; and the return postcard receipt for such statement, notice, order, or other process, certified and mailed as provided in this subsection, is proof of service of the same.Added by Laws 2012, c. 150, § 28, eff. Nov. 1, 2012.
15 OK Stat § 15-141.29 (2021)
2021 Oklahoma Statutes|Title 15. Contracts|§15-141.29. Final order - Cease and desist order.

|A. After the hearing, the Insurance Commissioner shall enter a final order. If it is determined that the person charged has engaged in an unfair or deceptive act or practice or the unlawful transaction of service warranty business, the Commissioner also shall issue an order requiring the violator to cease and desist from engaging in such method of competition, act, or practice or the unlawful transaction of service warranty business. Further, the Commissioner may, at his or her discretion, order one or both of the following penalties: |1. The suspension or revocation of the license of such person, or eligibility for any license, if the person knew, or reasonably should have known, he or she was in violation of the Service Warranty Act; or2. If it is determined that the person charged has provided or offered to provide service warranties without proper licensure, the imposition of an administrative penalty not to exceed One Thousand Dollars ($1,000.00) for each service warranty contract offered or effectuated.B. Any person subject to an order of the Insurance Commissioner under this section may obtain a review of such order by filing an appeal in accordance with the provisions of the Administrative Procedures Act.C. Any person who violates a cease and desist order while such order is in effect, after notice and hearing, is subject, at the discretion of the Commissioner, to one or both of the following penalties:1. A monetary penalty of not more than Fifty Thousand Dollars ($50,000.00) as to all matters determined in such hearing; and2. The suspension or revocation of such person's license or eligibility to hold a license.Added by Laws 2012, c. 150, § 29, eff. Nov. 1, 2012.
15 OK Stat § 15-141.30 (2021)
2021 Oklahoma Statutes|Title 15. Contracts|§15-141.30. Violations of act - Injunctive relief.

|In addition to the penalties and other enforcement provisions of the Service Warranty Act, if any person violates any provision of Section 4 or Section 18 of this act or any rule adopted pursuant thereto, the Insurance Commissioner may resort to a proceeding for injunction in the district court of the county where such person resides or has its principal place of business, and therein apply for such temporary and permanent orders as the Commissioner may deem necessary to restrain the applicable person from engaging in any such activities, until such person has complied with the applicable provision or rule. |Added by Laws 2012, c. 150, § 30, eff. Nov. 1, 2012.
15 OK Stat § 15-141.31 (2021)
2021 Oklahoma Statutes|Title 15. Contracts|§15-141.31. Act relation to civil and common law.

|The provisions of the Service Warranty Act are cumulative to rights under the general civil and common law, and no action of the Insurance Commissioner shall abrogate such rights to damages or other relief in any court. |Added by Laws 2012, c. 150, § 31, eff. Nov. 1, 2012.
15 OK Stat § 15-141.32 (2021)
2021 Oklahoma Statutes|Title 15. Contracts|§15-141.32. Privileged and confidential records.

|All active examination or investigatory records of the Insurance Commissioner made or received pursuant to the Service Warranty Act shall be deemed privileged and confidential and are not subject to public inspection for so long as is reasonably necessary to complete the examination or investigation, except for records which would otherwise be public records. |Added by Laws 2012, c. 150, § 32, eff. Nov. 1, 2012.