reglab/housing_qa huggingface dataset:
36 OK Stat § 36-984 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-984. Competitive market.

|Competitive Market. |A. A competitive market is presumed to exist for a line of insurance unless the Commissioner, after a hearing, issues an order stating that a reasonable degree of competition does not exist in the market. The burden of proof in any hearing shall be placed on the party or parties advocating the position that competition does not exist. Any ruling that a market is not competitive shall identify the factors causing the market not to be competitive. Such order shall expire no later than one (1) year after issue unless rescinded earlier by the Commissioner or unless the Commissioner renews the rule after a hearing and a finding as to the continued lack of a reasonable degree of competition. Any ruling that renews the finding that competition does not exist shall also identify the factors that cause the market to continue not to be competitive.B. 1. In determining whether a reasonable degree of competition exists within a line of insurance, the Commissioner shall consider the following factors:a.the number of insurers actively engaged in writing coverage,b.market shares of the leading writers and the changes in market shares over a reasonable period of time,c.existence of financial or economic barriers that could prevent new firms from entering the market,d.measures of market concentration and changes of market concentration over time,e.whether long-term profitability for insurers in the market is reasonable in relation to industries of comparable business risk, andf.the relationship of insurers' costs to revenue over a reasonable period of time.2. All determinations by the Commissioner shall be made on the basis of findings of fact and conclusions of law.3. The ruling may be challenged in the district court.C. The Commissioner shall monitor the degree and continued existence of competition in this state on an ongoing basis. In doing so, the Commissioner may utilize existing relevant information, analytical systems and other sources, or rely on some combination thereof. Such activities may be conducted internally within the Insurance Department, in cooperation with other state insurance departments, through outside contractors or in any other appropriate manner.Added by Laws 1999, c. 83, § 4, eff. Nov. 1, 1999. Amended by Laws 2004, c. 519, § 15, eff. Nov. 1, 2004.
36 OK Stat § 36-985.1 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-985.1. Regulation of rates in market without competition.

|A. If the Commissioner determines that competition does not exist in a market and issues a ruling to that effect pursuant to Section 984 of Title 36 of the Oklahoma Statutes, the rates applicable to insurance sold in that market shall be regulated in accordance with the provisions of Sections 985 through 989 of Title 36 of the Oklahoma Statutes that are applicable to noncompetitive markets. |B. Any rate in effect at the time the Commissioner determines that competition does not exist pursuant to Section 984 of Title 36 of the Oklahoma Statutes shall be deemed to be in compliance with the laws of this state unless disapproved pursuant to the procedures and rating standards contained in Sections 985 through 989 of Title 36 of the Oklahoma Statutes that are applicable to noncompetitive markets.C. Any insurer having a rate filing in effect at the time the Commissioner determines that competition does not exist pursuant to Section 984 of Title 36 of the Oklahoma Statutes may be required to furnish supporting information within thirty (30) days of a written request by the Commissioner.Added by Laws 2004, c. 519, § 17, eff. Nov. 1, 2004.
36 OK Stat § 36-986 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-986. Rate administration.

|Rate Administration. |A. In only those markets found to be noncompetitive pursuant to Section 984 of this title, insurers and advisory organizations shall file with the Commissioner and the Commissioner shall review reasonable rules and plans for recording and reporting their rates, loss and expense experience and other information determined by the Commissioner to be necessary or appropriate for the administration of the Property and Casualty Competitive Loss Cost Rating Act. The Commissioner may designate one or more advisory organizations or other agencies to assist in gathering such experience and making compilation thereof.B. Reasonable rules and plans may be promulgated by the Commissioner for the exchange of data necessary for the development and 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 advisory organizations in other states and may consult with them with respect to the application of rating systems.D. Cooperation among advisory organizations or among advisory organizations and insurers in ratemaking or in other matters within the scope of the Property and Casualty Competitive Loss Cost Rating Act is authorized. The Commissioner may review such cooperative activities and practices, and if, after a hearing, any such activity or practice is found to violate the provisions of the Property and Casualty Competitive Loss Cost Rating Act, a written order may be issued specifying that such activity or practice violates the provisions of this act and requiring the discontinuance of such activity.Added by Laws 1999, c. 83, § 6, eff. Nov. 1, 1999. Amended by Laws 2004, c. 519, § 18, eff. Nov. 1, 2004.
36 OK Stat § 36-990 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-990. Challenge and review of application of rating system.

|Challenge and Review of Application of Rating System. |A. Every advisory organization and every insurer subject to the Property and Casualty Competitive Loss Cost Rating Act 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 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 or insurer. The Commissioner, after a hearing, shall affirm or reverse the action of the advisory organization or insurer.Added by Laws 1999, c. 83, § 10, eff. Nov. 1, 1999. Amended by Laws 2004, c. 519, § 21, eff. Nov. 1, 2004.
36 OK Stat § 36-992 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-992. Insurers - Prohibited activity.

|Insurers; Prohibited Activity. |A. No insurer 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 this title.B. The fact that two or more insurers, whether or not members or subscribers of an advisory organization, use consistently or intermittently the same rates, prospective loss costs, rating plans, rating schedules, rating rules, policy or bond forms, rate classifications, rate territories, underwriting rules, surveys or inspections or similar materials is not sufficient in itself to support a finding that an agreement exists.C. Two or more insurers having a common ownership or operating in this state under common management or control may act in concert between or among themselves with respect to any matters pertaining to those activities authorized in the Property and Casualty Competitive Loss Cost Rating Act as if they constituted a single insurer.Added by Laws 1999, c. 83, § 12, eff. Nov. 1, 1999. Amended by Laws 2005, c. 129, § 9, eff. Nov. 1, 2005; Laws 2007, c. 125, § 3, eff. July 1, 2007.
36 OK Stat § 36-994 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-994. Advisory organizations - Filing requirements.

|Advisory Organizations; Filing Requirements. |Every advisory organization shall file with the Commissioner for approval every statistical plan, all prospective loss costs, provisions for special assessments and all supplementary rating information and every change or amendment or modification of any of the foregoing proposed for use in this state at least thirty (30) days prior to its effective date. Such filings will be deemed approved unless disapproved within the waiting period.Added by Laws 1999, c. 83, § 14, eff. Nov. 1, 1999.
36 OK Stat § 36-995 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-995. Joint underwriting, joint reinsurance pool and residual market activities.

|Joint Underwriting, Joint Reinsurance Pool and Residual Market Activities. |A. This section shall not apply to transactions involving CompSource Mutual Insurance Company.B. Notwithstanding paragraph 3 of subsection A of Section 992 of this title, insurers participating in joint underwriting, joint reinsurance pools or residual market mechanisms may in connection with such activity act in cooperation with each other in the making of rates, rating systems, policy forms, underwriting rules, surveys, inspections and investigations, the furnishing of loss and expense statistics or other information, or carrying on research. Joint underwriting, joint reinsurance pools and residual market mechanisms shall not be deemed an advisory organization.C. Except to the extent modified by this section, joint underwriting, joint reinsurance pool and residual market mechanism activities are subject to the other provisions of the Property and Casualty Competitive Loss Cost Rating Act.D. If, after a hearing, the Commissioner finds that any activity or practice of an insurer participating in joint underwriting or a pool is unfair, is unreasonable, will tend to lessen competition in any market or is otherwise inconsistent with the provisions or purposes of the Property and Casualty Competitive Loss Cost Rating Act, the Commissioner may issue a written order and require the discontinuance of such activity or practice.E. Every pool shall file with the Commissioner a copy of its constitution, articles of incorporation, agreement or association, bylaws, rules and regulations governing its activities, list of members, the name and address of a resident of this state upon whom notice, orders of the Commissioner, or process may be served, and any changes in amendments or changes in the foregoing.F. Any residual market mechanism, plan or agreement to implement such a mechanism, and any changes or amendments thereto, shall be submitted in writing to the Commissioner for consideration and approval, together with such information as may be reasonably required.Added by Laws 1999, c. 83, § 15, eff. Nov. 1, 1999. Amended by Laws 2007, c. 125, § 4, eff. July 1, 2007; Laws 2013, c. 254, § 18, eff. Jan. 1, 2015.
36 OK Stat § 36-996 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-996. Assigned risks.

|Assigned Risks. A. Agreements may be made among insurers with respect to the equitable apportionment among them of costs for insurance which may be afforded applicants who are in good faith entitled to, but who are unable to procure, such insurance through ordinary methods, and such insurers may agree among themselves on the use of reasonable rate modifications for such insurance, such agreements and rate modifications to be subject to the approval of the Insurance Commissioner. |B. The Oklahoma Automobile Insurance Plan is authorized to issue policies of insurance in the name of the plan for the applicants described in subsection A of this section and to act on behalf of all participating members in connection with the policies. The policies shall be considered proof of financial responsibility in accordance with Section 7-600 of the Highway Safety Code.C. The participating members shall be liable to the plan for all costs, expenses and liabilities in proportion to its share of voluntary market premium for the types of policies written under the plan in this state.D. The plan shall file an annual audited financial statement with the Commissioner.E. The Commissioner is authorized to establish rules and regulations required to implement the purposes of this section.Added by Laws 1999, c. 83, § 16, eff. Nov. 1, 1999. Amended by Laws 2007, c. 125, § 5, eff. July 1, 2007; Laws 2021, c. 478, § 4, emerg. eff. May 12, 2021.
36 OK Stat § 36-996.1 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-996.1. Assigned risk plans.

|After consultation with the insurance companies authorized to issue automobile liability policies in this state, the Insurance Commissioner shall approve a reasonable plan or plans, fair to the insurers and equitable to their policyholders, for the apportionment among such companies of applicants for such policies and for motor vehicle liability policies who are in good faith entitled to but are unable to procure such policies through ordinary methods. When any such plan has been approved, all such insurance companies shall subscribe thereto and participate therein. Any applicant for any such policy, any person insured under any such plan, and any insurance company affected may appeal to the Insurance Commissioner from any ruling or decision of the manager or committee designated to operate such plan. Any order or act of the Insurance Commissioner under the provisions of this section shall be subject to review by appeal to the district court of Oklahoma County at the instance of any party in interest. The court shall determine whether the filing of the appeal shall operate as a stay of any such order or act of the Insurance Commissioner and the court shall summarily hear the matter. The court may, in disposing of the issue before it, modify, affirm or reverse the order or act of the Insurance Commissioner in whole or in part. |Added by Laws 1961, p. 365, § 7-501. Renumbered from Title 47, § 7-501 by Laws 2009, c. 62, § 40, eff. Nov. 1, 2009.
36 OK Stat § 36-997 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-997. Commercial special risks.

|Commercial Special Risks. |A. The following categories of commercial lines risks, excluding employer's liability line, workers’ compensation and excess workers’ compensation, are special risks and are exempted from the filing and review requirements set forth in Section 987 of this title:1. Risks which are written on an excess or umbrella basis;2. Commercial lines insurance risks which produce a minimum annual premium total of Ten Thousand Dollars ($10,000.00); and3. Specifically designated special risks, including:a.risks insured under the provisions of the Highly Protected Risks Rating Plan,b.all commercial insurance aviation risks,c.all credit insurance risks,d.all boiler, machinery or equipment breakdown risks,e.all inland marine risks,f.all fidelity and surety risks, andg.any other risk that the Commissioner determines to fall within the special risk category.B. Underwriting files, premiums, loss and expense statistics, financial and other records with regard to special risks written by an insurer shall be maintained by the insurer and shall be subject to examination by the Commissioner.Added by Laws 1999, c. 83, § 17, eff. Nov. 1, 1999. Amended by Laws 2006, c. 264, § 26, eff. July 1, 2006; Laws 2010, c. 222, § 9, eff. Nov. 1, 2010.
36 OK Stat § 36-998 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-998. Appeals from Commissioner.

|Appeals from Commissioner. |A. Any party aggrieved by an order or decision of the Commissioner may, within thirty (30) days after receiving the Commissioner's notice, make written request for a hearing.B. Any order, decision or act of the Commissioner pursuant to the Property and Casualty Competitive Loss Cost Rating Act is subject to judicial review upon petition of any person aggrieved. The appeal shall be in accordance with the Administrative Procedures Act.Added by Laws 1999, c. 83, § 18, eff. Nov. 1, 1999. Amended by Laws 2007, c. 125, § 6, eff. July 1, 2007.
36 OK Stat § 36-999 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-999. Examination to ascertain compliance – Records – Cost – Report of examination in another state.

|A. The Commissioner may examine any insurer, pool, advisory organization, or residual market mechanism to ascertain compliance with the Property and Casualty Competitive Loss Cost Rating Act. |B. Every insurer, pool, advisory organization, and residual market mechanism shall maintain adequate records from which the Commissioner may determine compliance with the provisions of the Property and Casualty Competitive Loss Cost Rating Act. The records shall contain the experience, data, statistics and other information collected or used and shall be available to the Commissioner for examination or inspection upon reasonable notice.C. The reasonable cost of an examination made pursuant to this section shall be paid by the examined party upon presentation to the party of a detailed account of the costs.D. The Commissioner may accept the report of an examination made by an insurance supervisor official of another state in lieu of an examination pursuant to this section.Added by Laws 2004, c. 519, § 22, eff. Nov. 1, 2004.
36 OK Stat § 36-999.1 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-999.1. Short title.

|Sections 1 through 7 of this act shall constitute Article 9C of the Insurance Code and shall be known and may be cited as the “Oklahoma Subsidence Insurance Act”. |Added by Laws 2005, c. 118, § 1, eff. Jan. 1, 2006.
36 OK Stat § 36-999.2 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-999.2. Purpose of act.

|The purpose of the Oklahoma Subsidence Insurance Act is to make mine subsidence insurance coverage available for residences, living units and commercial buildings located in this state. |Added by Laws 2005, c. 118, § 2, eff. Jan. 1, 2006.
36 OK Stat § 36-999.4 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-999.4. Subsidence coverage for residences, living units and commercial buildings - Exemption.

|A. Beginning January 1, 2006, every insurer, as defined by Section 3 of this act, may offer mine subsidence coverage, upon the request by the policyholder, on policies, as defined by Section 3 of this act, issued or renewed, insuring residences, living units and commercial buildings. |B. The Insurance Commissioner may exempt policies insuring residences, living units or commercial buildings located in any specified county of this state from the provisions of this section if the Commissioner determines that such coverage is not necessary for a specified county.Added by Laws 2005, c. 118, § 4, eff. Jan. 1, 2006.
36 OK Stat § 36-999.5 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-999.5. Coverage for additional living expenses.

|The residential coverage provided pursuant to the Oklahoma Subsidence Insurance Act may also cover the additional living expenses reasonably and necessarily incurred by the owner of a residence who has been temporarily displaced as the direct result of damage to the residence caused by mine subsidence if the underlying policy also covers this type of loss; provided, however, that the loss covered under living unit coverage shall be limited to losses to improvements and betterments and reimbursement of additional living expenses and assessments made against the insured on account of mine subsidence loss. |Added by Laws 2005, c. 118, § 5, eff. Jan. 1, 2006.
36 OK Stat § 36-999.6 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-999.6. Refusal to cover unrepaired damage.

|An insurer may refuse to provide mine subsidence coverage on a residence, living unit or commercial building evidencing unrepaired mine subsidence damage until such damage has been repaired. |Added by Laws 2005, c. 118, § 6, eff. Jan. 1, 2006.
36 OK Stat § 36-999.7 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-999.7. Right of subrogation.

|All insurers issuing mine subsidence policies shall retain the right of subrogation. |Added by Laws 2005, c. 118, § 7, eff. Jan. 1, 2006.
36 OK Stat § 36-1001 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-1001. Judicial review.

|Any order, ruling, finding, decision or other act of the Oklahoma Insurance Department made pursuant to the Property and Casualty Competitive Loss Cost Rating Act shall be subject to judicial review. |Added by Laws 2004, c. 519, § 24, eff. Nov. 1, 2004. Amended by Laws 2007, c. 125, § 7, eff. July 1, 2007.
36 OK Stat § 36-1100 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-1100. Short title - Purpose and effect.

|A. Sections 1100 through 1120 of Title 36 of the Oklahoma Statutes shall be known and may be cited as the "Unauthorized Insurers and Surplus Lines Insurance Act". |B. The purpose and effect of the Unauthorized Insurers and Surplus Lines Insurance Act shall relate back to the effective date of implementation of the Nonadmitted and Reinsurance Reform Act of 2010.Added by Laws 2011, c. 278, § 4 and Laws 2011, c. 360, § 4. Amended by Laws 2012, c. 45, § 1, emerg. eff. April 16, 2012.NOTE: Laws 2011, c. 278, § 4 and Laws 2011, c. 360, § 4 created identical new sections in Title 36.
36 OK Stat § 36-1100.2 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-1100.2. Authority to enter multistate agreements.

|A. For the purposes of carrying out the Nonadmitted and Reinsurance Reform Act of 2010, the Insurance Commissioner is authorized in the Insurance Commissioner's sole discretion and judgment to enter into the Nonadmitted Insurance Multi-State Agreement or any other multistate agreement or compact with the same function and purpose, in order to: |1. Facilitate the collection, allocation and disbursement of premium taxes attributable to the placement of nonadmitted insurance through a central clearinghouse;2. Provide for uniform methods of allocation and reporting among nonadmitted insurance risk classifications through a central clearinghouse; and3. Share information among states relating to nonadmitted insurance premium taxes.B. The Insurance Commissioner is not compelled now or in the future to join the Nonadmitted Insurance Multi-State Agreement or any other multistate agreement or compact with the same function and purpose of distributing surplus line premium tax proceeds based on a formula of multistate risk allocation, unless the Insurance Commissioner, in his or her discretion, deems joining such a multistate compact or agreement is in the best interest of the State of Oklahoma and its citizens.Added by Laws 2011, c. 278, § 6. Amended by Laws 2011, c. 360, § 6; Laws 2012, c. 45, § 3, emerg. eff. April 16, 2012.