reglab/housing_qa huggingface dataset:
36 OK Stat § 36-1116 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-1116. Penalty for failure to remit tax.

|A. Any surplus lines licensee or broker who fails to remit the surplus line tax provided for by Section 1115 of this title shall be liable for a civil penalty not to exceed Twenty-five Dollars ($25.00) for each day of delinquency, per policy. The Insurance Commissioner shall collect the tax by distraint and shall recover the penalty by an action in the name of the State of Oklahoma. The Commissioner may request the Attorney General to appear in the name of the state by relation of the Commissioner. |B. If any person, association or legal entity procuring or accepting any insurance coverage from a surplus lines insurer where Oklahoma is the home state of the insured, otherwise than through a surplus lines licensee or broker, fails to remit the surplus line tax provided for by Section 1115 of this title, the person, association or legal entity shall, in addition to the tax, be liable to a civil penalty in an amount equal to one percent (1%) of the premiums paid or agreed to be paid for the policy or policies of insurance for each calendar month of delinquency or a civil penalty in the amount of Twenty-five Dollars ($25.00) whichever shall be the greater. The Insurance Commissioner shall collect the tax by distraint and shall recover the civil penalty in an action in the name of the State of Oklahoma. The Commissioner may request the Attorney General to appear in the name of the state by relation of the Commissioner.Added by Laws 1957, p. 259, § 1116, operative July 1, 1957. Amended by Laws 1959, p. 135, § 1, emerg. eff. July 8, 1959; Laws 1991, c. 146, § 6, eff. Sept. 1, 1991; Laws 1992, c. 65, § 2, eff. Sept. 1, 1992; Laws 1997, c. 418, § 41, eff. Nov. 1, 1997; Laws 2009, c. 432, § 10, eff. July 1, 2009; Laws 2010, c. 222, § 20, eff. Nov. 1, 2010; Laws 2011, c. 278, § 21 and Laws 2011, c. 360, § 21; Laws 2012, c. 45, § 18, emerg. eff. April 16, 2012; Laws 2021, c. 478, § 5, emerg. eff. May 12, 2021.NOTE: Laws 2011, c. 278, § 21 and Laws 2011, c. 360, § 21 made identical changes to this section.
36 OK Stat § 36-1118 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-1118. Legal process against surplus line insurer.

|A. Every surplus lines insurer issuing or delivering a surplus line policy through a surplus lines licensee or broker in this state shall conclusively be deemed thereby to have irrevocably appointed the Insurance Commissioner as its attorney for acceptance of service of all legal process, other than a subpoena, issued in this state in any action or proceeding under or arising out of the policy, and service of process upon the Insurance Commissioner shall be lawful personal service upon the surplus lines or nonadmitted insurer. |B. Each surplus line policy shall contain a provision stating the substance of subsection A of this section, and designating the person to whom the Insurance Commissioner shall mail process as provided in subsection C of this section.C. Triplicate copies of legal process against such an insurer shall be served upon the Insurance Commissioner, and at time of service the plaintiff shall pay to the Insurance Commissioner Twenty Dollars ($20.00), taxable as costs in the action. The Insurance Commissioner shall immediately mail one copy of the process so served to the person designated by the insurer in the policy for the purpose, by mail with return receipt requested. The surplus lines or nonadmitted insurer shall have forty (40) days after the date of mailing within which to plead, answer, or otherwise defend the action.Added by Laws 1957, p. 260, § 1118, operative July 1, 1957. Amended by Laws 1986, c. 251, § 11, eff. Nov. 1, 1986; Laws 1997, c. 418, § 42, eff. Nov. 1, 1997; Laws 2010, c. 222, § 21, eff. Nov. 1, 2010; Laws 2011, c. 278, § 22 and Laws 2011, c. 360, § 22; Laws 2012, c. 45, § 19, emerg. eff. April 16, 2012.NOTE: Laws 2011, c. 278, § 22 and Laws 2011, c. 360, § 22 made identical changes to this section.
36 OK Stat § 36-1119 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-1119. Exemptions from surplus lines provisions.

|The sections of this article relative to surplus line coverages shall not apply to reinsurance. |Laws 1957, p. 260, § 1119.
36 OK Stat § 36-1120 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-1120. Records of insureds.

|Upon request of the Insurance Commissioner any person in Oklahoma who is the insured under any policy issued by a surplus lines insurer upon a subject of insurance resident, located, or to be performed in Oklahoma at the time the policy was issued, or where the insured's home state is Oklahoma, shall produce for examination all policies and other documents evidencing and relating to the insurance, and shall disclose the amount of the gross premiums paid or agreed to be paid for the insurance, through whom the insurance was procured, and such other information relative to the placing of the insurance as may reasonably be required by the Insurance Commissioner. |Added by Laws 1957, p. 260, § 1120, operative July 1, 1957. Amended by Laws 2010, c. 222, § 22, eff. Nov. 1, 2010; Laws 2012, c. 45, § 20, emerg. eff. April 16, 2012.
36 OK Stat § 36-1125 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-1125. Filing requirements.

|A. Every property and casualty insurance company doing business in this state, unless otherwise exempted by the domiciliary commissioner, shall annually submit the opinion of an appointed actuary entitled “Statement of Actuarial Opinion”. This opinion shall be filed in accordance with the appropriate NAIC Property and Casualty Annual Statement Instructions. |B. 1. Every property and casualty insurance company domiciled in this state that is required to submit a Statement of Actuarial Opinion shall annually submit an actuarial opinion summary written by the company’s appointed actuary. This actuarial opinion summary shall be filed in accordance with the appropriate NAIC Property and Casualty Annual Statement Instructions and shall be considered as a document supporting the actuarial opinion required in subsection A of this section.2. A company licensed but not domiciled in this state shall provide the actuarial opinion summary upon request.C. 1. An actuarial report and underlying workpapers as required by the appropriate NAIC Property and Casualty Annual Statement Instructions shall be prepared to support each actuarial opinion.2. If the insurance company fails to provide a supporting actuarial report and/or workpapers at the request of the Insurance Commissioner or the Commissioner determines that the supporting actuarial report or workpapers provided by the insurance company are otherwise unacceptable to the Commissioner, the Commissioner may engage a qualified actuary at the expense of the company to review the opinion and the basis for the opinion and prepare the supporting actuarial report or workpapers.D. The appointed actuary shall not be liable for damages to any person, other than the insurance company and the Commissioner, for any act, error, omission, decision or conduct with respect to the actuary’s opinion, except in cases of fraud or willful misconduct on the part of the appointed actuary.Added by Laws 2006, c. 264, § 28, eff. July 1, 2006.
36 OK Stat § 36-1140 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-1140. Definitions - Licensing - Application - Duration of license.

|A. “Advisory organization” means a corporation, an unincorporated association, a partnership or an individual, whether located inside or outside of this state, organized and licensed for the purpose of making rates, loss costs, rating plans, statistical collection, furnishing statistical data, policy forms and endorsements or rating systems. |B. The term “advisory organization” shall be synonymous with the terms “bureau”, “statistical agent” and “rating organization”.C. No advisory organization shall provide any service relating to the loss costs, rates, rating plans, manual rules, rating systems or policy forms of any property and casualty insurance products subject to the provisions of the Oklahoma Insurance Code and no insurer shall utilize the services of such organization unless the organization has obtained a license.D. No advisory organization shall refuse to supply any services for which it is licensed in this state to any insurer authorized to do business in this state and offering to pay the usual compensation for the services.E. 1. An advisory organization applying for a license shall include with its application:a.a copy of its constitution, charter, articles of organization, agreement, association or incorporation, and a copy of its bylaws, plan of operation and any other rules or regulations governing the conduct of its business,b.a list of its members and subscribers,c.the name and address of one or more residents of this state upon whom notices, process affecting it, or orders of the Insurance Commissioner may be served,d.a statement showing its technical qualifications for acting in the capacity for which it seeks a license,e.a biography of the ownership and management of the organization, andf.any other relevant information and documents that the Commissioner may require.2. Every organization which has applied for a license shall notify the Commissioner of every material change in the facts or in the documents on which its application was based. Any amendment to a document filed under this section shall be filed at least thirty (30) days before it becomes effective.3. If the Commissioner finds that the applicant and the natural persons through whom it acts are competent, trustworthy and technically qualified to provide the services proposed, and that all requirements of the law are met, the Commissioner shall issue a license specifying the authorized activity of the applicant. The Commissioner shall not issue a license if the proposed activity would tend to create a monopoly or to substantially lessen the competition in the market.4. Licenses issued pursuant to this section shall remain in force for one (1) year unless suspended or revoked. The Commissioner may at any time, after a hearing, revoke or suspend the license of any advisory organization that does not comply with the requirements and standards of the applicable provisions of the Insurance Code.Added by Laws 2006, c. 264, § 30, eff. July 1, 2006.
36 OK Stat § 36-1141 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-1141. Prohibited conduct.

|A. No advisory organization shall: |1. Attempt to monopolize, or combine or conspire with any person or persons to monopolize, an insurance market;2. Engage in a boycott, on a concerted basis, of an insurance market; and3. Except as set forth in subsection B of this section, agree to mandate adherence to or to mandate use of any rate, prospective loss cost, rating plan, rating schedule, rating rule, policy or bond form, rate classification, rate territory, underwriting rule, survey, inspection or similar material. Insurers and advisory organizations may agree to develop and adhere to statistical plans permitted by the applicable provisions of the Oklahoma Insurance Code.B. Except as specifically permitted under the applicable provisions of the Insurance Code, no advisory organization shall compile or distribute recommendations relating to rates that include expenses, other than loss adjustment expenses or loss-based taxes and assessments, or profit.Added by Laws 2006, c. 264, § 31, eff. July 1, 2006.
36 OK Stat § 36-1142 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-1142. Permitted activities and services.

|Any licensed advisory organization, in addition to other activities not prohibited, is authorized on behalf of its members and subscribers to: |1. Develop statistical plans including territorial and class definitions;2. Collect statistical data from members, subscribers or any other source;3. Prepare, file and distribute prospective loss costs which may include provisions for special assessments and taxes;4. Prepare, file and distribute factors, calculations or formulas pertaining to classification, territory, increased limits and other variables;5. Prepare, file and distribute manuals of rating rules, rating schedules and other supplementary rating information that does not include final rates, expense provisions, profit provisions or minimum premiums;6. Distribute information that is required or directed to be filed with the Commissioner;7. Conduct research and on-site inspections in order to prepare classifications of public fire defenses;8. Consult with public officials regarding public fire protection as it would affect members, subscribers and others;9. Conduct research and collect statistics in order to discover, identify and classify information relating to causes or prevention of losses;10. Conduct research and collect information to determine the impact of statutory and other law changes upon prospective loss costs and special assessments;11. Prepare, file and distribute policy forms and endorsements and consult with members, subscribers and others relative to their use and application;12. Conduct research and on-site inspections for the purpose of providing risk information relating to individual structures;13. Conduct on-site inspections to determine rating classifications for individual insureds;14. Collect, compile and publish past and current prices of individual insurers; provided, such information is also made available to the general public for a reasonable price;15. Collect and compile exposure and loss experience for the purpose of individual risk experience ratings;16. File final rates for residual market mechanisms; and17. Furnish any other services, as approved or directed by the Insurance Commissioner, related to those enumerated in this section.Added by Laws 2006, c. 264, § 32, eff. July 1, 2006.
36 OK Stat § 36-1143 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-1143. Review of advisory organization actions.

|A. Every advisory organization which makes its own rates shall provide within this state reasonable means whereby any insured aggrieved by the application of its rating system may, upon that insured's written request, be heard in person or by the insured's authorized representative to review the manner in which such rating system has been applied in connection with the insurance afforded the aggrieved insurer. |B. An insurer or any party affected by the action of an advisory organization may, within thirty (30) days after written notice of that action, make application, in writing, for an appeal to the Insurance Commissioner, setting forth the basis for the appeal and the grounds to be relied upon by the applicant.C. Within thirty (30) days, the Commissioner shall review the application and, if the Commissioner finds that the application is made in good faith and that it sets forth on its face grounds which reasonably justify holding a hearing, the Commissioner shall conduct a hearing held not less than ten (10) days after written notice to the applicant and to the advisory organization. The Commissioner, after a hearing, shall affirm or reverse the action of the advisory organization.Added by Laws 2006, c. 264, § 33, eff. July 1, 2006.
36 OK Stat § 36-1144 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-1144. Examination by Insurance Commissioner - Scope - Report by official of another state.

|A. The Insurance Commissioner shall make or cause to be made, at least once in five (5) years, an examination of each advisory organization licensed in this state as provided in this act, and the Commissioner may, as often as it may deem expedient, make or cause to be made an examination of each advisory organization referred to in this act, and of each group, association, or other organization referred to in this act. The reasonable cost of any such examination shall be paid by the organization examined, upon presentation of a detailed account of such costs. |B. The officers, managers, agents and employees of such advisory organization may be examined, at any time, under oath, and shall exhibit all books, records, accounts, documents or agreements governing its method of operation.C. In lieu of any such examination, the Commissioner may accept the report of an examination made by the insurance supervisory official of another state, pursuant to the laws of such state.Added by Laws 2006, c. 264 § 34, eff. July 1, 2006.
36 OK Stat § 36-1145 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-1145. Rules and statistical plans - Commissioner authority to promulgate - Scope.

|A. The Insurance Commissioner shall promulgate rules and statistical plans adapted to each of the rating systems on file, which may be modified, from time to time, and which shall be used thereafter by each insurer in the recording and reporting of its loss and countrywide expense experience, in order that the experience of all insurers may be made available, at least annually, in such form and detail as may be necessary to aid it in determining whether rating systems comply with the standards set forth in this act. |1. Such rules and plans may also provide for the recording and reporting of expense experience items which are specially applicable to this state and are not susceptible to determination by a prorating of countrywide expense experience.2. In promulgating such rules and plans, the Commissioner shall give due consideration to the rating system on file and, in order that such rules and plans may be as uniform as is practicable among the several states, to the rules and to the form of the plans used for such rating systems in other states.3. No insurer shall be required to record or report its loss experience on a classification basis that is inconsistent with the rating system filed by it.4. The Commissioner may designate one or more advisory organizations or other agencies to assist it in gathering such experience and making compilations thereof, and such compilations shall be made available, subject to reasonable rules promulgated by the Commissioner, to insurers and advisory organizations.B. Reasonable rules and plans may be promulgated by the Commissioner for the interchange of data necessary for the application of rating plans.C. In order to further uniform administration of rate regulatory laws, the Commissioner and every insurer and advisory organization may exchange information and experience data with insurance supervisory officials, insurers and rating organizations in other states and may consult with them with respect to ratemaking and the application of rating systems.D. The Commissioner may make reasonable rules and regulations necessary to effect the purposes of this act.Added by Laws 2006, c. 264, § 35, eff. July 1, 2006.
36 OK Stat § 36-1146 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-1146. Withholding or providing false or fraudulent information - Prohibition - Punishment.

|A. No person shall willfully withhold information from, or knowingly give false or misleading information to, the Insurance Commissioner, or any advisory organization designated by the Commissioner, which will affect the rates or premiums chargeable under this act. |B. A person convicted of violating this section shall be guilty of a felony and, upon conviction, shall be punished by a fine of not less than One Thousand Dollars ($1,000.00) nor more than Ten Thousand Dollars ($10,000.00), or by imprisonment of not more than three (3) years or by both such fine and imprisonment.Added by Laws 2006, c. 264, § 36, eff. July 1, 2006.
36 OK Stat § 36-1147 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-1147. Suspension or revocation of license - Commissioner authority - Procedure.

|A. The Insurance Commissioner may suspend the license of any advisory organization which fails to comply with an order of the Commissioner within the time limit established by such order, or any extension thereof which the Commissioner may grant. The Commissioner shall not suspend the license of any advisory organization for failure to comply with an order until the time prescribed for judicial review has expired or if an action for judicial review has been commenced, until the order has been affirmed or the action has been dismissed. The Commissioner may determine when a suspension of license shall become effective and when it shall terminate, unless it modifies or rescinds the suspension, or until the order upon which the suspension is based is modified, rescinded or reversed. |B. No license shall be suspended or revoked except upon a written order of the Commissioner, stating its findings of fact and conclusions of law, made after a hearing held upon not less than ten (10) days' written notice, to the person or legal entity, specifying the alleged violation.Added by Laws 2006, c. 264, § 37, eff. July 1, 2006.
36 OK Stat § 36-1148 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-1148. Adherence to loss cost filings - Application to workers' compensation insurance.

|Applicable to workers’ compensation insurance only, every member of, or subscriber to, a licensed advisory organization shall adhere to the loss cost filings made on its behalf by such organization within ninety (90) days of the effective date of the loss cost filing. |Added by Laws 2006, c. 264, § 38, eff. July 1, 2006.
36 OK Stat § 36-1161 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-1161. Definitions.

|As used in this act: |1. “Adverse tier placement” means being subject to the rates of any tier with less coverage or higher premiums than the tier within which the insured is currently insured;2. “Federal government-sponsored health insurance program” means the TriCare program providing coverage for civilian dependents of military personnel;3. “Health plan” means any insurance company or health maintenance organization which issues individual coverage to a resident of this state;4. “Individual coverage” means health insurance or health maintenance organization coverage issued on other than a group or blanket basis, including an individual coverage containing coverage for a spouse, dependent, or both;5. “Insureds” means persons enrolled under individual coverage issued by a health plan. Insureds include persons covered under a policy of personal insurance; and6. “Personal insurance” means private passenger automobile, motorcycle, mobile homeowners, homeowners, renters and noncommercial-dwelling fire insurance policies and boat, personal watercraft, snowmobile and recreational vehicle policies.Added by Laws 2006, c. 264, § 39, eff. July 1, 2006.