reglab/housing_qa huggingface dataset:
36 OK Stat § 36-6402 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-6402. Rates.

|The rates for such custom harvesting insurance shall be those rates on file with the Insurance Commissioner on May 15, 1986, or if such rates are not on file and need to be submitted or filed with the Insurance Commissioner. |Added by Laws 1986, c. 181, § 2, emerg. eff. May 15, 1986. Amended by Laws 2005, c. 129, § 16, eff. Nov. 1, 2005.
36 OK Stat § 36-6403 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-6403. Violations - Penalties.

|Failure of any insurer to comply with Section 6401 et seq. of this title may subject the insurer at the discretion of the Insurance Commissioner, after notice and opportunity for hearing, to penalties of censure, suspension or revocation of certification of authority or a civil penalty of up to Five Thousand Dollars ($5,000.00) for each occurrence or by both such penalty and censure, suspension or revocation of certificate. |Added by Laws 1986, c. 181, § 3, emerg. eff. May 15, 1986. Amended by Laws 1997, c. 418, § 115, eff. Nov. 1, 1997.
36 OK Stat § 36-6411 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-6411. Short title.

|Sections 44 through 55 of this act shall constitute a part of the Oklahoma Insurance Code and shall be known and may be cited as the "Market Assistance Association Act". |Added by Laws 1986, c. 251, § 44, emerg. eff. June 13, 1986.
36 OK Stat § 36-6412 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-6412. Market Assistance Association - Creation.

|There is hereby created a Market Assistance Association to assist in the placement of homeowners' and liability insurance coverage for residents of this state. |The Market Assistance Association is not a carrier capable of assuming insurance risks. While it is believed that the Association will be able to solve or at least reduce problems of availability, it has no power to guarantee successful conclusion of all assistance efforts and it is assumed that some risks may not be entitled to coverage.Added by Laws 1986, c. 251, § 45, emerg. eff. June 13, 1986.
36 OK Stat § 36-6413 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-6413. Definitions.

|As used in the Market Assistance Association Act: |1. "Association" means the Market Assistance Association established pursuant to this act;2. "Board" means the Board of Directors of the Market Assistance Association;3. "Commissioner" means the Insurance Commissioner;4. "Insurer" means any entity licensed to issue homeowners' or liability insurance; and5. "Member" means all property and casualty insurers licensed in the State of Oklahoma or writing homeowners' or liability insurance in the state required to be a participant in the Association as a condition of doing business in Oklahoma.Added by Laws 1986, c. 251, § 46, emerg. eff. June 13, 1986.
36 OK Stat § 36-6415 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-6415. Board of directors - Membership - Term - Vacancies - Meetings - Approval of selections - Compensation.

|A. The business and functions of the Association shall be managed and administered by a board of eleven (11) directors composed of two directors selected by the American Insurance Association, who are representatives of Association members; two directors selected by the Alliance of American Insurers, who are representatives of Association members; two directors selected by the National Association of Independent Insurers, who are representatives of Association members; two directors appointed by the Commissioner, who are representatives of Oklahoma domestic insurers who are Association members; one director who shall be the President of the Oklahoma Surplus Lines Association; and two directors appointed by the Commissioner, who are representatives of nonaffiliated foreign or alien insurers who are Association members. Each director shall designate a full-time salaried employee of the insurer to represent the director as an alternate in the absence of the director on the Board. Each director shall serve for a term of two (2) years or until the Association is terminated, whichever comes first. The appointment to the board of directors shall be subject to approval by the Commissioner. Any vacancy on the Board shall be filled for the remaining period of the term by appointment by the appointing authority which originally filled the vacant post, subject to the approval of the Commissioner. If no directors are selected and appointed within sixty (60) days after the effective date of the inception of the Association, the Commissioner shall appoint the initial directors of the Board. |B. The chairman shall call all meetings of the Board and shall give reasonable notice of meetings to all directors. At any meeting of the Board, each Board director or his predesignated alternate shall have one vote. Six members of the Board or their predesignated alternates shall constitute a quorum for the transaction of business and the acts of a majority of the Board members present at a meeting at which a quorum is present shall be the acts of the Board. The Board shall meet as often as may be required to perform the general duties of administration of the Association, but not less frequently than annually.C. In approving selections to the Board, the Commissioner shall consider, among other things, whether all Association member insurers are fairly represented.D. Members of the Board and their predesignated alternates shall serve without compensation but may be reimbursed from the assets of the Association for all actual and necessary expenses incurred by them in performance of their duties for the Board.Added by Laws 1986, c. 251, § 48, emerg. eff. June 13, 1986.
36 OK Stat § 36-6416 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-6416. Good faith statements - Liability.

|There shall be no liability on the part of, and no cause of action of any nature shall arise against the Insurance Commissioner or his staff, the Association, its agents or employees, an insurer, any licensed agent, or the board of directors or its authorized representatives for any statements made in good faith by them in any reports or communications, concerning risks insured or to be insured by the Association, or at any administrative hearings conducted in connection therewith. |Added by Laws 1986, c. 251, § 49, emerg. eff. June 13, 1986.
36 OK Stat § 36-6417 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-6417. Annual statement - Examination of Accounts, etc. - Report to members.

|A. The Association shall file with the Insurance Commissioner, annually, from the date of its inception, a statement prepared by an independent certified public accountant which shall contain information with respect to its transactions, condition, operations, and affairs during the preceding calendar year. The statement shall contain such matters and information as are prescribed and shall be in such form as is approved by the Commissioner. The Commissioner may, at any time, require the association to furnish additional information with respect to its transactions, condition, operations, and affairs, or any matter connected therewith considered to be material and of assistance in evaluating the scope, operation and experience of the Association. |B. The books of account, records, reports and other documents of the Association shall be open and free for examination to the Commissioner at all reasonable times.C. The books of account, records, reports and other documents of the Association shall be open to inspection by the members at such times and under such conditions and regulations as the Board shall determine.D. The Association shall provide for the making of detailed reports of liability approved or canceled, for the drawing up of annual budgets of the Association and for the rendering of accounts to each member at least every twelve (12) months.Added by Laws 1986, c. 251, § 50, emerg. eff. June 13, 1986.
36 OK Stat § 36-6418 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-6418. Use of filed rates for liability and homeowners' insurance.

|Each member insurer shall use the filed rate for the liability and homeowners' insurance being written. Any variance from such rate, including a variance based upon debit, shall be submitted or filed with the Insurance Commissioner. |Added by Laws 1986, c. 251, § 51, emerg. eff. June 13, 1986. Amended by Laws 2005, c. 129, § 17, eff. Nov. 1, 2005.NOTE: Editorially renumbered from § 6408 of this title to avoid a duplication in numbering.
36 OK Stat § 36-6419 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-6419. Rules and regulations.

|The Commissioner may adopt any rules and regulations necessary for the implementation, administration or furtherance of the provisions of the Market Assistance Association Act. |Added by Laws 1986, c. 251, § 52, emerg. eff. June 13, 1986.
36 OK Stat § 36-6420 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-6420. Property and casualty insurance companies - Voluntary Market Assistance Association.

|Property and casualty insurance companies licensed to transact insurance in the State of Oklahoma are hereby authorized to create and operate a Voluntary Market Assistance Association under the auspices of the Commissioner of Insurance. In the event such Voluntary Association is established and is approved by the Commissioner of Insurance prior to September 11, 1986, then Sections 6411 through 6415, 6417, 6418 and 6421 of the Insurance Code shall not become effective. |Added by Laws 1986, c. 251, § 53, emerg. eff. June 13, 1986. Amended by Laws 1987, c. 175, § 33, eff. Nov. 1, 1987.
36 OK Stat § 36-6421 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-6421. Dissolution of Association - Reimplementation.

|If at any time after the provisions of this act are implemented, either by voluntary plan or as otherwise provided for herein, the State Insurance Commissioner would determine by written order that there was no further need for such Association, then the same would be dissolved. Provided however, that if such Association were dissolved, and then the State Insurance Commissioner determined at a later time there existed a need for such Association, the Commissioner of Insurance would then proceed according to the provisions of Section 53 of this act, and that section would again be applicable at that time. |If the Commissioner makes such a determination to reimplement the Association, he will give the companies involved ninety (90) days to comply, and if they fail to do so, then Sections 47 through 55 of this act would be applicable.Added by Laws 1986, c. 251, § 54, emerg. eff. June 13, 1986.
36 OK Stat § 36-6422 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-6422. Participation in assessments and writings of Association.

|Members of the Market Assistance Association, whether a voluntary or statutory program, shall be required to participate in all assessments and writings of the Association. Failure to participate shall, after notice and opportunity for hearing before the Insurance Commissioner, result in a censure, suspension or revocation of certificate of authority or a civil penalty up to Five Thousand Dollars ($5,000.00) for each occurrence or by both such penalty and censure, suspension or revocation of certificate of authority. |Added by Laws 1986, c. 251, § 55, emerg. eff. June 13, 1986. Amended by Laws 1997, c. 418, § 116, eff. Nov. 1, 1997.
36 OK Stat § 36-6451 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-6451. Short title.

|Sections 1 through 18 of this act shall be a part of the Insurance Code and shall be known as the Oklahoma Risk Retention Act. |Added by Laws 1987, c. 157, § 1, emerg. eff. June 25, 1987.
36 OK Stat § 36-6452 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-6452. Operation of act.

|The Oklahoma Risk Retention Act shall regulate the formation and operation of risk retention groups in this state formed pursuant to the provisions of the federal Liability Risk Retention Act of 1986. |Added by Laws 1987, c. 157, § 2, emerg. eff. June 25, 1987.
36 OK Stat § 36-6454 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-6454. Chartering and licensing of risk retention group.

|A. 1. A risk retention group seeking to be chartered for domicile in this state shall be chartered and licensed only to write liability insurance pursuant to the insurance laws of this state and, except as provided elsewhere in the Oklahoma Risk Retention Act, shall comply with all of the laws, rules, regulations, and requirements applicable to such insurers chartered and licensed in this state pursuant to Section 6455 of this title to the extent such requirements are not a limitation on the laws, rules, regulations and requirements in this state. |2. Notwithstanding any other provision of law, all risk retention groups chartered in this state shall file with the Insurance Department and the National Association of Insurance Commissioners an annual statement in a form prescribed by the Association and in electronic form, if required by the Insurance Commissioner and completed in accordance with its instructions and the Practices and Procedures Manual of the Association.B. Before it may offer insurance in any state, each risk retention group licensed in this state shall submit for approval to the Insurance Commissioner of this state a plan of operation or a feasibility study. The risk retention group shall submit an appropriate revision in the event of any subsequent material change in any item of the plan of operation or feasibility study within ten (10) days of the change. The group shall not offer any additional kinds of liability insurance in this state or in any other state until a revision of the plan or study is approved by the Commissioner. At the time of filing its application for charter, the risk retention group shall provide to the Commissioner a summary of the following information: the identity of the initial members of the group or who organized the group, the identity of those individuals who will provide administrative services or otherwise influence or control the activities of the group, the amount and nature of initial capitalization, the coverages to be afforded, and the states in which the group intends to operate. Upon receipt of this information, the Commissioner shall transmit the information to the National Association of Insurance Commissioners. Transmitting this information shall be sufficient to satisfy the requirements of Section 6455 of this section.Added by Laws 1987, c. 157, § 4, emerg. eff. June 25, 1987. Amended by Laws 2021, c. 314, § 2, eff. Nov. 1, 2021.
36 OK Stat § 36-6456 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-6456. Membership in or participation in insurance insolvency guaranty fund prohibited – Purchasing group coverage – Risks not covered.

|A. No risk retention group shall be permitted to join or contribute financially to any insurance insolvency guaranty fund, or similar mechanism, in this state, nor shall any risk retention group, or its insureds or claimants against its insureds, receive any benefit from any such fund for claims arising under the insurance policies issued by a risk retention group. |B. When a purchasing group obtains insurance covering its members' risks from an insurer not authorized in this state or a risk retention group, no such risks, wherever resident is located, shall be covered by any insurance guaranty fund or similar mechanism in this state.C. When a purchasing group obtains insurance covering its members' risks from an authorized insurer, only risks resident or located in this state may be covered by the Oklahoma Property and Casualty Insurance Guaranty Association.Added by Laws 1987, c. 157, § 6, emerg. eff. June 25, 1987. Amended by Laws 2004, c. 334, § 3, emerg. eff. May 25, 2004; Laws 2021, c. 314, § 5, eff. Nov. 1, 2021.
36 OK Stat § 36-6456.1 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-6456.1. Countersign not required.

|Notwithstanding any other provision of law, a policy of insurance issued to a risk retention group or any member of that group shall not be required to be countersigned. |Added by Laws 2021, c. 314, § 6, eff. Nov. 1, 2021.
36 OK Stat § 36-6457 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-6457. Exemptions.

|A purchasing group and its insurer or insurers shall be subject to all applicable laws of this state, except that a purchasing group and its insurer or insurers shall be exempt, in regard to liability insurance for the purchasing group, from any law of this state that would: |1. Prohibit the establishment of a purchasing group;2. Make unlawful an insurer providing advantages to a purchasing group or its members based on the loss and expense experience of the group or its members including but not limited to advantages on rates, policy forms and coverage, that is not afford to other persons or entities;3. Prohibit a purchasing group or its members from purchasing insurance on a group basis described in paragraph 1 of this section;4. Prohibit a purchasing group from obtaining insurance on a group basis because the group has not been in existence for a minimum period of time or because any member has not belonged to the group for a minimum period of time;5. Require that a purchasing group must have a minimum number of members, common ownership or affiliation, or certain legal form;6. Require that a certain percentage of a purchasing group must obtain insurance on a group basis;7. Otherwise discriminates against a purchasing group or any of its members; or8. Require that any insurance policy issued to a purchasing group or any of its members be countersigned by an insurance agent or broker residing in this state.A purchasing group shall be subject to all other applicable laws of this state.Added by Laws 1987, c. 157, § 7, emerg. eff. June 25, 1987. Amended by Laws 2004, c. 334, § 4, emerg. eff. May 25, 2004; Laws 2021, c. 314, § 7, eff. Nov. 1, 2021.
36 OK Stat § 36-6458 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-6458. Notice to Commissioner - Designation and registration of agent.

|A. A purchasing group which intends to do business in this state shall, prior to doing business, furnish to the Insurance Commissioner notice which shall, on forms prescribed by the National Association of Insurance Commissioners: |1. Identify the state in which the group is domiciled;2. Identify all other states in which the group intends to do business;3. Specify the lines and classifications of liability insurance which the purchasing group intends to purchase;4. Identify the insurance company or companies from which the group intends to purchase its insurance and the domicile of the company or companies;5. Identify the principal place of business of the group;6. Specify the method by which the person or persons, if any, through whom insurance will be offered to its members whose risks are resident or located in this state; and7. Provide such other information as may be required by the Commissioner of this state to verify that the purchasing group is qualified to do business in this state as a purchasing group.B. A purchasing group shall notify the Insurance Commissioner of any changes in any of the information prescribed in subsection A of this section within ten (10) days of such change;C. The purchasing group shall register with and designate the Commissioner of this state as its agent solely for the purpose of receiving service of legal documents or process, for which a filing fee shall be assessed in an amount determined by the Commissioner, except that such requirements shall not apply in the case of a purchasing group which only purchases insurance that was authorized under the federal Products Liability Risk Retention Act of 1981 and:1. Which:a.was domiciled before April 1, 1986, andb.is domiciled on and after October 27, 1986, in any state;2. Before October 27, 1986, purchased insurance from an insurance carrier licensed in any state;3. Since October 27, 1986, purchased its insurance from an insurance carrier licensed in any state; or4. Was a purchasing group pursuant to the requirements of the federal Product Liability Risk Retention Act of 1981 before October 27, 1986.D. Each purchasing group that is required to give notice pursuant to subsection A of this section also shall furnish such information as may be required by the Insurance Commissioner or designee to:1. Verify that the entity qualifies as a purchasing group;2. Determine where the purchasing group is located; and3. Determine appropriate tax treatment.Added by Laws 1987, c. 157, § 8, emerg. eff. June 25, 1987. Amended by Laws 2004, c. 334, § 5, emerg. eff. May 25, 2004; Laws 2021, c. 314, § 8, eff. Nov. 1, 2021.
36 OK Stat § 36-6459 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-6459. Effectuation of purchase through licensed broker or agent – Notice of risks not covered – Deductibles or self-insured retention – Aggregate limits standards.

|A. A purchasing group shall not purchase insurance from a risk retention group that is not chartered in a state or from an insurer not licensed to transact insurance in this state, unless the purchase is effected through a licensed agent or broker acting pursuant to the surplus lines laws and regulations of this state. |B. A purchasing group which obtains liability insurance from an insurer not admitted in this state or a risk retention group shall inform each of the members of the group which has a risk resident or located in this state that the risk is not protected by an insurance insolvency guaranty fund in this state and that the risk retention group or the insurer may not be subject to all insurance laws and regulations of this state.C. No purchasing group may purchase insurance providing for a deductible or self-insured retention applicable to the group as a whole. However, coverage may provide for a deductible or self-insured retention applicable to individual members.D. Purchases of insurance by purchasing groups are subject to the same standards regarding aggregate limits which are applicable to all purchases of group insurance.Added by Laws 1987, c. 157, § 9, emerg. eff. June 25, 1987. Amended by Laws 1991, c. 146, § 7, eff. Sept. 1, 1991; Laws 2003, c. 150, § 7, eff. Nov. 1, 2003; Laws 2004, c. 334, § 6, emerg. eff. May 25, 2004; Laws 2021, c. 314, § 9, eff. Nov. 1, 2021.
36 OK Stat § 36-6459.1 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-6459.1. Premium taxes.

|Premium taxes and taxes on premiums paid for coverage of risks resident or located in this state by a purchasing group or any members of the purchasing group shall be: |1. Imposed at the same rate and subject to the same interest, fines and penalties as applicable to premium taxes and taxes on premiums paid for similar coverage from a similar insurance source; and2. Paid by the insurance source, the agent or broker for the purchasing group, the purchasing group or any members of the purchasing group.Added by Laws 2021, c. 314, § 10, eff. Nov. 1, 2021.
36 OK Stat § 36-6460 (2021)
2021 Oklahoma Statutes|Title 36. Insurance|§36-6460. Enforcement powers of Commissioner.

|The Insurance Commissioner of this state is authorized to make use of any of the powers established pursuant to the Insurance Code of this state to enforce the laws of this state so long as those powers are not specifically preempted by the Risk Retention Act of 1986, as amended, including the administrative authority of the Commissioner to investigate, issue subpoenas, conduct depositions and hearings, issue orders, impose penalties and seek injunctive relief. Regarding any investigation, administrative proceedings or litigation, the Commissioner may rely on the procedural laws of this state. The injunctive authority of the Commissioner for risk retention groups is restricted by the requirement that any injunction be issued by a court of competent jurisdiction. |Added by Laws 1987, c. 157, § 10, emerg. eff. June 25, 1987. Amended by Laws 1997, c. 418, § 117, eff. Nov. 1, 1997; Laws 2021, c. 314, § 11, eff. Nov. 1, 2021.