reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 36. Insurance › §36-4527. Members of boards of directors – Conflict of interest – Definition of “affiliated”.

A. A member of a board of directors of a Health Insurance Purchasing Group (HIPG) shall not serve as an employee or paid consultant to the HIPG, but may receive reasonable reimbursement for travel expenses for purposes of attending meetings of the board or committees thereof.
B. An individual is not eligible to serve in a paid or unpaid capacity on the board of directors of a HIPG or as an employee of the HIPG, if the individual is employed by, represents in any capacity, owns, or controls any ownership interest in an organization from whom the HIPG receives contributions, rents, or other funds not connected with a contract for coverage through the HIPG.
C. An individual who is serving on a board of directors of a HIPG as a representative described in subsection B of this section shall not be employed by or affiliated with a HIPG health carrier. For purposes of this subsection, the term "affiliated" does not include membership in a health benefits plan or the obtaining of health benefits coverage offered by a HIPG health carrier.
Added by Laws 2002, c. 276, § 7, eff. Nov. 1, 2002.
2023 Oklahoma Statutes › Title 36. Insurance › §36-4528. Areas served – Services and plans permitted to be offered by single administrative organization – Rating characteristics.

A. Nothing in this act shall be construed as preventing one or more Health Insurance Purchasing Groups (HIPG) from serving different areas, whether or not contiguous, by providing for some or all of the following through a single administrative organization or otherwise:
1. Coordinating the offering of the same or similar health benefits coverage in different areas served by the different HIPG; or
2. Providing for crediting of deductibles and other cost-sharing for individuals who are provided a health benefits plan through the HIPG or affiliated HIPG after:
a.
a change of eligible employers through which the coverage is provided, or
b.
a change in place of employment to an area not served by the previous HIPG.
B. No HIPG health carrier shall be required to offer HIPG health benefits plans, or health benefits plans not subject to state-mandated health benefits, to non-HIPG organizations, associations, or employer groups, including but not limited to the small employer health insurance group marketplace in this state.
C. Nothing in this act shall be construed as precluding a HIPG from providing for adjustments in amounts distributed among the HIPG health carriers offering a health benefits plan through the HIPG, based on factors such as the relative health care risk of members enrolled under the coverage offered by the different issuers.
D. Nothing in this act shall be construed as precluding a HIPG from establishing minimum participation and contribution rules for eligible employers that apply to become purchasers in the HIPG, so long as the rules are applied uniformly for all HIPG health carriers.
E. The HIPG may determine what rating characteristics it will allow in the health benefit plan including, but not limited to, age, sex, industry, geography, or health.
F. If health is used as a rating characteristic, then the rates for the groups having two through fifty members will be subject to the small employer group rating law as required in the Small Employer Health Insurance Reform Act but may be considered separate from any small groups sold outside the HIPG.
Added by Laws 2002, c. 276, § 8, eff. Nov. 1, 2002.
2023 Oklahoma Statutes › Title 36. Insurance › §36-4602. Duties of Insurance Commissioner, State Board of Health, and Health Care for Uninsured Board.

A. The Insurance Commissioner in collaboration with the Oklahoma Health Care Authority shall advise and aid the Health Care for the Uninsured Board (HUB) in its duties. The Insurance Commissioner is hereby authorized to promulgate such reasonable rules as are necessary to implement the purposes of this act.
B. The State Board of Health shall direct the implementation and duties of the HUB to assist the Insurance Commissioner. The duties of the HUB shall be to:
1. Advise, consult with, and make recommendations to the Commissioner as to the matters addressed in subsection C of this section; and
2. Assist and advise the Commissioner on such other matters as the Commissioner may submit for recommendations to the State Board of Health.
C. The Commissioner shall:
1. Establish a system of certification for insurance programs offered in this state to be recommended by the HUB;
2. Establish a system for the credentialing of insurance producers who intend to market insurance programs certified by the state in accordance with this section.
3. Establish a system of counseling, including a website, for those individuals who are without health insurance and are not covered by Medicaid, that includes but is not limited to:
a.
educating consumers about insurance programs certified by the state in accordance with this section,
b.
aiding consumers in choosing policies that cover medically necessary services for that consumer, and
c.
educating consumers on how to utilize primary and preventative care in order to reduce the unnecessary utilization of services by the consumer; and
4. Establish a system whereby if an individual qualifies for a subsidy under the premium assistance program, established in Section 1010.1 of Title 56 of the Oklahoma Statutes, that person is able to become enrolled through the HUB in conjunction with local, qualified insurance producers.
Added by Laws 2009, c. 128, § 2, eff. Nov. 1, 2009.
2023 Oklahoma Statutes › Title 36. Insurance › §36-4603. Enrollment in health insurance programs of uninsured individuals and individuals not covered by Medicaid.

A. The Insurance Commissioner in collaboration with the Oklahoma Health Care Authority shall initiate a program to encourage enrollment of individuals, not covered by insurance or Medicaid in health insurance programs.
B. Upon treatment of an uninsured individual or an individual not covered by Medicaid, a health care provider shall refer the individual to the HUB established in Section 2 of this act to begin the enrollment process in a certified insurance plan or the premium assistance program established in Section 1010.1 of Title 56 of the Oklahoma Statutes, if eligible.
Added by Laws 2009, c. 128, § 3, eff. Nov. 1, 2009.
2023 Oklahoma Statutes › Title 36. Insurance › §36-4604. Direct primary care membership agreement.

A. This act shall be known and may be cited as the "Health Care Empowerment Act".
B. Nothing in state law shall be construed as prohibiting a patient or legal representative from seeking care outside of an insurance plan, or outside of the Medicaid or Medicare program, and paying for such care.
C. Nothing in state law shall be construed as prohibiting a physician, other medical professional or a medical facility from accepting payment for services or medical products outside of an insurance plan. Nothing in state law shall be construed as prohibiting a physician, other medical professional or a medical facility from accepting payment for services or medical products to a Medicaid or Medicare beneficiary, provided that such physician, medical professional or medical facility has opted out of Medicare. As used in this section, "medical products" include, but are not limited to, medical drugs and pharmaceuticals.
D. A patient or legal representative shall not forfeit insurance benefits, Medicaid benefits or Medicare benefits by purchasing medical services or medical products outside the system.
E. The offer and provision of medical services or medical products purchased and provided under this act shall not be deemed an offer of insurance nor regulated by the insurance laws of the state.
F. Providers must disclose the text of the Enrollee Hold Harmless Clause, or its equivalent, in insurance or managed care provider contracts to patients or legal representatives if authorization for services or claims is denied, together with a plain-English explanation of its meaning.
Added by Laws 2015, c. 159, § 1, emerg. eff. April 21, 2015.
2023 Oklahoma Statutes › Title 36. Insurance › §36-4605. Direct primary care membership agreement.

A. As used in this section, "direct primary care membership agreement" means a contractual agreement between a primary care provider and an individual patient, or his or her legal representative, in which:
1. The provider agrees to provide primary care services to the individual patient for an agreed-to fee over an agreed-to period of time;
2. The direct primary care provider will not bill third parties on a fee-for-service basis; and
3. Any per-visit charges under the agreement will be less than the monthly equivalent of the periodic fee.
A "direct primary care provider" means an individual or legal entity that is licensed, registered or otherwise authorized to provide primary care services in this state and who chooses to enter into a direct primary care membership agreement. This includes, but is not limited to, an individual primary care provider or other legal entity alone or with others professionally associated with the individual or other legal entity.
B. A direct primary care membership agreement is not insurance and is not subject to regulation by the Insurance Department.
C. Entering into a direct primary care membership agreement is not the business of insurance and is not subject to regulations under the Oklahoma Insurance Code.
D. A direct primary care provider or the agent of a direct primary care provider is not required to obtain a certification of authority or license under Title 36 of the Oklahoma Statutes to market, sell or offer to sell a direct primary care agreement.
E. A direct primary care membership agreement is not a medical discount plan, as defined by state law or regulation under the Insurance Department and a direct primary care provider is not required to register as a medical discount plan.
F. A direct primary care membership agreement shall:
1. Allow either party to terminate the agreement upon written notice to the other party;
2. Provide that fees are not earned by the direct primary care provider until the month paid by the periodic fee has been completed; and
3. Provide that, upon termination of this agreement by the individual patient, all unearned fees are to be returned to the patient.
Added by Laws 2015, c. 159, § 2, emerg. eff. Apr. 21, 2015.
2023 Oklahoma Statutes › Title 36. Insurance › §36-4801. Scope of article.

A. This article shall not apply to vehicle insurance, casualty insurance or inland marine insurance, nor to reinsurance.
B. The standard fire insurance policy provided for herein shall not be required for (1) vehicle insurance, (2) casualty insurance, (3) inland marine insurance, as defined in Section 705, Article 7, (4) ocean marine insurance, (5) insurance on growing crops, or (6) in effecting reinsurance between insurers.
Laws 1957, p. 401, § 4801.
2023 Oklahoma Statutes › Title 36. Insurance › §36-4803.1. Fire insurance policies - Time of expiration.

All fire insurance policies, as defined by Section 4802 of Title 36 of the Oklahoma Statutes, shall expire at 12:01 a.m. Standard Time on the expiration date stated in the policy. This section shall apply to all fire insurance policies on the first policy renewal date after December 31, 1982.
Added by Laws 1982, c. 57, § 2, eff. Jan. 1, 1983.
2023 Oklahoma Statutes › Title 36. Insurance › §36-4804. Policy limited – Liability - Excess premiums reimbursed.

No insurance company shall, knowingly, issue any fire insurance policy upon property within this state for an amount which, with any existing insurance thereon, exceeds the fair value of the property. If buildings insured against loss by fire, and situated within this state, are totally destroyed by fire, the company shall not be liable beyond the actual value of the insured property at the time of the loss or damage, and if it shall appear that the insured has paid premiums on an amount in excess of said actual value, the assured shall be reimbursed the proportionate excess of premiums paid on the difference between the amount named in the policy and said actual value, with interest at six percent (6%) per annum from the date of issue.
Added by Laws 1957, p. 406, § 4804. Amended by Laws 2001, c. 363, § 24, eff. July 1, 2001.
2023 Oklahoma Statutes › Title 36. Insurance › §36-4805. Proofs of loss - Conditions of enforcement of limitation of time.

When any insurance policy subject to the provisions of this article contains a provision that the insured must render a written sworn proof of loss within sixty (60) days from the date of fire or loss to the insurer, or the same is required by law to be so rendered, the insurer cannot assert the failure of insured to so render such proof of loss in any litigation or court proceeding, unless the insurer plead and prove that it has furnished the insured with two blank forms for the execution of proof of loss, that has printed thereon, in bold-faced type in a conspicuous place, the warning that a proof of loss must be rendered to the insurer within sixty (60) days from the date of receipt of the blank forms for proof of loss by the insured, or by putting such warning in a like form in a letter of instruction for executing a proof of loss that will accompany the proof of loss blanks furnished the insured, and the insurer has further executed and furnished the insured its written extension of time, giving the insured sixty (60) days from the date such blanks were received by the insured. These requirements cannot be waived by any agreement between the parties or otherwise.
Laws 1957, p. 406, § 4805. der
2023 Oklahoma Statutes › Title 36. Insurance › §36-4806. Exclusion of loss caused by nuclear reaction, nuclear radiation or radioactive contamination.

Insurers issuing the standard form of fire insurance policy provided in Section 4803, Article 48, Title 36, Oklahoma Session Laws 1957, page 401 (36 O.S. Supp.1959, Section 4803), are authorized to affix thereto or include therein a written statement that such policy does not cover loss or damage caused by nuclear reaction or nuclear radiation or radioactive contamination, all whether directly or indirectly resulting from an insured peril under said policy; provided, however, that nothing herein contained shall be construed to prohibit the attachment to any such policy of an endorsement or endorsements specifically assuming coverage for loss or damage caused by nuclear reaction, nuclear radiation, or radioactive contamination.
Laws 1961, p. 279, § 1.
2023 Oklahoma Statutes › Title 36. Insurance › §36-4808. Homeowner's policies - Automatic increase in coverage.

No homeowner's policy shall automatically increase coverage for replacement of a home of an insured unless the insured or his designated representative has been notified of the amount of increased replacement coverage not less than thirty (30) days prior to the renewal date. The provisions of this section shall not apply if the insured provides to the insurer written consent to automatic increases in coverage. Any written consent provided under this section shall remain continuously in force until the insured provides written revocation to the insurer.
Provided, nothing in this section shall be construed to relieve the insurer from paying the full value of any claim against the policy up to the maximum amount for which the home is insured.
Added by Laws 1987, c. 140, § 1, eff. Nov. 1, 1987. Amended by Laws 1992, c. 75, § 1, eff. Sept. 1, 1992.
2023 Oklahoma Statutes › Title 36. Insurance › §36-4809. Reduced rates to persons failing or refusing to pay assessments - Violation – Penalties.

A. Except as otherwise provided in this subsection, no property or casualty insurance company shall give any special or reduced rate for fire insurance on any risk because it is located in a rural fire protection district or in an area protected by a rural fire department in which the district or department is wholly or partially funded by dues or subscription payments paid by owners of property who are members of an association supporting the rural fire department to any person who fails or refuses to pay the appropriate dues or subscription payments for support of the district or department pursuant to the procedure outlined in subsection C of this section. Property and casualty insurance companies providing a fire run service benefit payment within the fire insurance policy shall not be subject to this subsection.
B. Property owners owning property in more than one fire district or fire department area relying on dues or subscriptions for partial or complete funding shall pay dues to a fire district or fire department in whose district or area they own property if they wish to receive special or reduced rates for property and casualty insurance.
C. Except as otherwise provided in this subsection, it is unlawful for any insurance agent or company to knowingly write an initial policy of fire insurance coverage on any risk located in a rural fire protection district or in any area protected by a rural fire department at any special or reduced rate or with any rate credit based on location of the risk in the district or area without having first obtained from the insured or from the rural fire protection district or rural fire department evidence that current dues or subscription payments, if any, for the property to be insured have been paid. Following the writing of the initial policy, the insurance agent or company shall obtain evidence of successful payment of current dues or subscription payments annually. The evidence required by the insurer may be a receipt, canceled check, or other valid proof of payment. Any insurance agent or company writing a policy of fire insurance coverage providing a fire run service benefit payment within the fire insurance policy shall not be subject to this subsection.
D. If any agent is found by the Insurance Commissioner to have violated the provisions of this subsection, the agent shall be liable for an administrative penalty of Twenty-five Dollars ($25.00) for the first violation and Fifty Dollars ($50.00) for any subsequent violation.
Added by Laws 2002, c. 68, § 1, eff. Nov. 1, 2002. Amended by Laws 2003, c. 235, § 1, eff. Nov. 1, 2003; Laws 2017, c. 317, § 1, eff. Nov. 1, 2017.
2023 Oklahoma Statutes › Title 36. Insurance › §36-4901. Sole surety on official bonds.

Whenever any bond, recognizance, or undertaking is required or permitted to be made for the security or protection of any person or municipality, the state, or any department thereof, or organization, conditioned for the doing or not doing of anything therein specified, any such board, court, organization or officer required or permitted to accept or approve of the sufficiency of such bond, recognizance, or undertaking, may accept and approve the same when executed, or when the conditions thereof are guaranteed, solely by an insurer authorized to transact a surety business in this state in accordance with the requirements of this code. Whenever any such bond, recognizance, or undertaking is required to be made with one surety or with two or more sureties, the execution of the same, or the guarantee of the performance of the conditions thereof, shall be sufficient when so executed or guaranteed solely by one such insurer, and shall be a full compliance with every requirement of every law, ordinance, or regulation relating to the same, and no justification by such insurer shall be necessary.
Laws 1957, p. 407, § 4901.
2023 Oklahoma Statutes › Title 36. Insurance › §36-4902. Venue of actions against surety insurers.

Any surety insurer may be sued in respect of any surety bond by it issued in the county where such bond, recognizance, stipulation or undertaking was made or guaranteed, or in the county where the principal office of such insurer in this state is located, and for the purposes hereof, the same shall be treated as made or guaranteed in the county in which such office is located or in which it is filed, or in the county in which the principal resided when it was made or guaranteed.
Laws 1957, p. 407, § 4902.
2023 Oklahoma Statutes › Title 36. Insurance › §36-4903. Bail bond surety companies - Reserve funds.

All surety companies which execute undertakings of bail shall keep any moneys collected from agents licensed pursuant to Section 1303 of Title 59 of the Oklahoma Statutes as buildup or reserve funds in segregated interest-bearing trust accounts within this state in an entity which is insured either by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation.
The interest-bearing trust accounts shall not be pledged or offered as collateral.
The moneys in the interest-bearing trust accounts shall be used to satisfy the unfulfilled obligations of the undertakings of bail written by the agents from whom the moneys have been collected and to otherwise satisfy the unfulfilled obligations which may be owing to the surety by such agents.
Added by Laws 1987, c. 211, § 1 eff. Nov. 1, 1987.
2023 Oklahoma Statutes › Title 36. Insurance › §36-4904. Bail bond insurers - Financial statement - Reports.

A. Each insurer writing bail bonds in this state shall file in the Office of the Insurance Commissioner quarterly statements which shall exhibit the financial condition of the insurer. The statements shall be in such general form and content as approved by the National Association of Insurance Commissioners for the kinds of insurance to be reported, and as supplemented for additional information as required by the Commissioner. Such statements shall be subscribed and sworn by the president and secretary and other proper officers of the insurer. The statements shall be filed on or before the following dates:
1. First quarter statement, which shall include data from January 1 to March 31, on the last business day in April;
2. Second quarter statement, which shall include data from April 1 to June 30, on the last business day of July;
3. Third quarter statement, which shall include data from July 1 to September 30, on the last business day of October; and
4. Annual financial statement as described in Section 311 of this title, which shall serve as fourth quarter statement and which shall be filed annually on the date specified in Section 311 of this title, in the office of the Commissioner by each insurer writing bail bonds.
B. The statements required to be filed pursuant to subsection A of this section shall contain the loss reserve for bail bonds written in this state. Loss reserves shall be computed as twenty-five percent (25%) of the direct written premium of outstanding liability less monies held by the insurer in trust to pay losses from bail.
C. Each insurer writing bail bonds in this state shall file monthly reports based upon the previous month's activity with the Commissioner and on forms prescribed by the Commissioner within thirty (30) days after the end of each preceding month, which shall include the following information and such other information as the Commissioner deems necessary:
1. Amount of deposit held by the Commissioner with a list of the securities available and their current valuation;
2. Bail bond premium volume for this state;
3. Administrative action, if any, taken by other states against the insurer;
4. List of collateral held by the insurer stating the location of collateral, the corresponding county involved, the case number and the bondsman soliciting the bond;
5. Loss ratio;
6. Outstanding liability; and
7. A list of agents or bondsmen whose contracts have been canceled.
Added by Laws 1987, c. 211, § 2, eff. Nov. 1, 1987. Amended by Laws 1992, c. 98, § 1, eff. Sept. 1, 1992.
2023 Oklahoma Statutes › Title 36. Insurance › §36-5002. Investments of title insurers.

A. A domestic title insurer shall invest its capital accumulations, up to the sum of One Hundred Thousand Dollars ($100,000.00), in capital investments as defined in Section 1606 of Article 16 (Investments), but subject to the exception in subsection B of this section, below.
B. A domestic title insurer may invest its capital and accumulations in excess of One Hundred Thousand Dollars ($100,000.00) in such investments as are made eligible for funds of domestic insurers by Article 16; except, that any such insurer may invest an amount not exceeding fifty percent (50%) of its combined capital and surplus in the preparation and purchase of material or plants or both necessary to enable it to engage in the business of title insurance, and such materials and plants shall be deemed to be capital funds investments and shall be valued as the actual cost thereof.
C. Domestic title insurers shall not be subject to the limitations as to amount invested in real estate for home office and branch office purposes contained in paragraph 1 of Section 1624 of Article 16.
Added by Laws 1957, p. 407, § 5002, operative July 1, 1957. Amended by Laws 2008, c. 184, § 21, eff. July 1, 2008; Laws 2009, c. 176, § 35, eff. Nov. 1, 2009.
2023 Oklahoma Statutes › Title 36. Insurance › §36-5004. "Title insurance policy" and "aircraft title insurance policy" - Definitions.

A. A "title insurance policy" is any written instrument purporting to show the title to real or personal property or any interest therein or encumbrance thereon, or to furnish such information relative to real property, which written instrument in express terms purports to insure or guarantee such title or the correctness of such information.
B. An “aircraft title insurance policy” is any written instrument purporting to show title to aircraft or any interest therein or encumbrance thereon, which written instrument in express terms protects an aircraft owner or lender against loss of the aircraft or priority security position in the event of a successful adverse claim on the title to an aircraft.
Added by Laws 1957, p. 408, § 5004, operative July 1, 1957. Amended by Laws 2006, c. 264, § 61, eff. July 1, 2006.
2023 Oklahoma Statutes › Title 36. Insurance › §36-5005. Exemptions and application of other laws.

A. Title insurers shall be governed by this article and, to the extent not modified by or inconsistent with the provisions of this article or the provisions of this code made applicable to such insurers, by the general laws of this state governing corporations organized for profit.
B. To the extent not modified by the provisions of this article, title insurers shall be subject to and governed by the other applicable provisions of this code.
C. No new insurance law hereafter enacted shall be deemed to apply to title insurers unless they be expressly referred to therein.
D. Notwithstanding anything to the contrary, the following sections, acts and articles of the Insurance Code and related rules of the Insurance Department shall apply to title insurers in addition to those applicable to title insurers on November 1, 2008:
1. Section 311 of this title, Annual Financial Statements;
2. Section 615.2 of this title, Duty of Domestic Insurers and Health Maintenance Organizations to Keep Biographical Information Current;
3. Article 12, Unfair Practices and Frauds;
4. Article 12A-1, Unfair Claims Settlement Practices Act;
5. Article 16A, Subsidiaries of Insurers;
6. Article 18, Supervision and Conservatorship of Insurers Act; and
7. Article 19, Rehabilitation and Liquidation.
Added by Laws 1957, p. 408, § 5005, operative July 1, 1957. Amended by Laws 2008, c. 184, § 22, eff. July 1, 2008.
2023 Oklahoma Statutes › Title 36. Insurance › §36-5006. Examination of title insurance company.

The Insurance Commissioner is authorized to conduct an examination of any title insurance company pursuant to the provisions of Section 309.1 et seq. of Title 36 of the Oklahoma Statutes and may employ an examiner for such purposes.
Added by Laws 1995, c. 339, § 18, eff. Nov. 1, 1995 and by Laws 1995, c. 356, § 3, eff. Nov. 1, 1995.
2023 Oklahoma Statutes › Title 36. Insurance › §36-5104. Transactions to be authorized in writing - Required provisions.

Transactions between an RB and the insurer the RB represents in such capacity shall be entered into only pursuant to a written authorization, specifying the responsibilities of each party. The authorization shall, at a minimum, contain provisions that:
1. The insurer may terminate the authority of the RB at any time;
2. The RB shall render accounts to the insurer accurately detailing all material transactions, including information necessary to support all commissions, charges and other fees received by, or owing, to the RB, and remit all funds due to the insurer within thirty (30) days of receipt;
3. All funds collected for the insurer's account shall be held by the RB in a fiduciary capacity in a bank which is a qualified U.S. financial institution;
4. The RB shall comply with Section 26 of this act;
5. The RB shall comply with the written standards established by the insurer for the cession or retrocession of all risks; and
6. The RB shall disclose to the insurer any relationship with any reinsurer to which business will be ceded or retroceded.
Added by Laws 1992, c. 178, § 25, eff. Sept. 1, 1992.
2023 Oklahoma Statutes › Title 36. Insurance › §36-5105. Records of transactions.

A. For at least ten (10) years after the expiration of each contract of reinsurance transacted by an RB, the RB shall keep a complete record for each transaction showing:
1. The type of contract, limits, underwriting restrictions, classes or risks and territory;
2. Period of coverage, including effective and expiration dates, cancellation provisions and notice required of cancellation;
3. Reporting and settlement requirements of balances;
4. Rate used to compute the reinsurance premium;
5. Names and addresses of assuming reinsurers;
6. Rates of all reinsurance commissions, including, but not limited to, the commissions on any retrocessions handled by the RB;
7. Related correspondence and memoranda;
8. Proof of placement;
9. Details regarding retrocessions handled by the RB, including the identity of retrocessionaires and percentage of each contract assumed or ceded;
10. Financial records, including but not limited to, premium and loss accounts; and
11. If the RB procures a reinsurance contract on behalf of a licensed ceding insurer:
a.
directly from any assuming reinsurer, written evidence that the assuming reinsurer has agreed to assume the risk, or
b.
if placed through a representative of the assuming reinsurer, other than an employee, written evidence that such reinsurer has delegated binding authority to the representative.
B. The insurer shall have access and the right to copy and audit all accounts and records maintained by the RB related to its business in a form usable by the insurer.
Added by Laws 1992, c. 178, § 26, eff. Sept. 1, 1992.
2023 Oklahoma Statutes › Title 36. Insurance › §36-5106. Duties of insurer.

A. An insurer shall not engage the services of any person, firm, association or corporation to act as an RB on its behalf unless such person is licensed as required by the Reinsurance Intermediary Act.
B. An insurer shall not employ an individual who is employed by an RB with which the insurer transacts business, unless such RB is under common control with the insurer and subject to Article 16A of the Insurance Code.
C. The insurer annually shall obtain a copy of statements of the financial condition of each RB with which the insurer transacts business.
Added by Laws 1992, c. 178, § 27, eff. Sept. 1, 1992.
2023 Oklahoma Statutes › Title 36. Insurance › §36-5108. Duties of RM.

The RM shall not:
1. Bind retrocessions on behalf of the reinsurer, except that the RM may bind facultative retrocessions pursuant to obligatory facultative agreements if the contract with the reinsurer contains reinsurance underwriting guidelines for such retrocessions. Such guidelines shall include a list of reinsurers with which such automatic agreements are in effect, and for each such reinsurer, the coverages and amounts or percentages that may be reinsured, and commission schedules;
2. Commit the reinsurer to participate in reinsurance syndicates;
3. Appoint any producer without assuring that the producer is lawfully licensed to transact the type of reinsurance for which he is appointed;
4. Without prior approval of the reinsurer, pay or commit the reinsurer to pay a claim or net of retrocessions, that exceeds the lesser of an amount specified by the reinsurer or one percent (1%) of the reinsurer's policyholder's surplus as of December 31 of the last complete calendar year;
5. Collect any payment from a retrocessionaire or commit the reinsurer to any claim settlement with a retrocessionaire, without prior approval of the reinsurer. If prior approval is given, a report shall be forwarded promptly to the reinsurer;
6. Jointly employ an individual who is employed by the reinsurer; or
7. Appoint a sub-RM.
Added by Laws 1992, c. 178, § 29, eff. Sept. 1, 1992.
2023 Oklahoma Statutes › Title 36. Insurance › §36-5109. Duties of reinsurer.

A. A reinsurer shall not engage the services of any person, firm, association or corporation to act as an RM on its behalf unless such person is licensed as required by the Reinsurance Intermediary Act.
B. The reinsurer shall annually obtain a copy of statements of the financial condition of each RM which such reinsurer has engaged, prepared by an independent certified accountant in a form acceptable to the Commissioner.
C. If an RM establishes loss reserves, the reinsurer annually shall obtain the opinion of an actuary attesting to the adequacy of loss reserves established for losses incurred and outstanding on business produced by the RM. This opinion shall be in addition to any other required loss reserve certification.
D. Binding authority for all retrocessional contracts or participation in reinsurance syndicates shall rest with an officer of the reinsurer who shall not be affiliated with the RM.
E. Within thirty (30) days of termination of a contract with an RM, the reinsurer shall provide written notification of such termination to the Commissioner.
F. A reinsurer shall not appoint to its board of directors, any officer, director, employee, controlling shareholder or subproducer of its RM. This subsection shall not apply to relationships governed by Article 16A of the Insurance Code or, if applicable, the Business Transacted with Producer Controlled Insurer Act.
Added by Laws 1992, c. 178, § 30, eff. Sept. 1, 1992.
2023 Oklahoma Statutes › Title 36. Insurance › §36-5110. Examination.

A. A reinsurance intermediary shall be subject to examination by the Commissioner. The Commissioner shall have access to all books, bank accounts and records of the reinsurance intermediary in a form usable to the Commissioner.
B. An RM may be examined as if the RM were the reinsurer.
Added by Laws 1992, c. 178, § 31, eff. Sept. 1, 1992.
2023 Oklahoma Statutes › Title 36. Insurance › §36-5111. Penalties; restitution; review.

A. A reinsurance intermediary, insurer or reinsurer found by the Insurance Commissioner, after notice and opportunity for a hearing conducted in accordance with the Administrative Procedures Act, to be in violation of any provision of the Reinsurance Intermediary Act, shall:
1. For each separate violation, pay a penalty in an amount not exceeding Five Thousand Dollars ($5,000.00); and
2. Be subject to revocation or suspension of license.
B. In addition, if a violation of the Reinsurance Intermediary Act is committed by a reinsurance intermediary, such reinsurance intermediary shall make restitution to the insurer, reinsurer, rehabilitator or liquidator of the insurer or reinsurer for the net losses incurred by the insurer or reinsurer attributable to such violation.
C. The decision, determination, or order of the Commissioner pursuant to this section shall be subject to judicial review pursuant to the Administrative Procedures Act.
D. Nothing contained in this section shall affect the right of the Commissioner to impose any other penalties provided in the Oklahoma Insurance Code.
E. Nothing contained in the Reinsurance Intermediary Act is intended to or shall in any manner limit or restrict the rights of policyholders, claimants, creditors, or other third parties or confer any rights to such persons.
Added by Laws 1992, c. 178, § 32, eff. Sept. 1, 1992. Amended by Laws 1997, c. 418, § 98, eff. Nov. 1, 1997.
2023 Oklahoma Statutes › Title 36. Insurance › §36-5113. Date for compliance with act.

No insurer or reinsurer shall continue to utilize the services of a reinsurance intermediary on and after September 1, 1992, unless utilization is in compliance with the provisions of the Reinsurance Intermediary Act.
Added by Laws 1992, c. 178, § 34, eff. Sept. 1, 1992.
2023 Oklahoma Statutes › Title 36. Insurance › §36-5121. Short title – Purpose – Legislative intent.

A. Sections 5121 through 5125 of this title shall be known and may be cited as the "Credit for Reinsurance Act".
B. The purpose of the Credit for Reinsurance Act is to protect the interest of insureds, claimants, ceding insurers, assuming insurers and the public generally. The Legislature hereby declares its intent is to ensure adequate regulation of insurers and reinsurers and adequate protection for those parties to whom insurers and reinsurers owe obligations. In furtherance of that state interest, the Legislature hereby provides a mandate that upon the insolvency of a non-United States insurer or reinsurer that provides security to fund its obligations within the United States in accordance with the Credit for Reinsurance Act, the assets representing the security shall be maintained in the United States and claims shall be filed with and valued by the State Insurance Commissioner with regulatory oversight and the assets shall be distributed in accordance with the insurance laws of the state in which the trust is domiciled that are applicable to the liquidation of domestic United States insurance companies. The Legislature declares that the matters contained in the Credit for Reinsurance Act are fundamental to the business of insurance in accordance with 15 U.S.C., Sections 1011 through 1012.
Added by Laws 1992, c. 178, § 35, eff. Sept. 1, 1992. Amended by Laws 2000, c. 169, § 1, eff. Nov. 1, 2000.
2023 Oklahoma Statutes › Title 36. Insurance › §36-5123. Asset or reduction from liability for ceded reinsurance - Security

An asset or a reduction from liability for the reinsurance ceded by a domestic insurer to an assuming insurer not meeting the requirements of Section 5122 of this title shall be allowed in an amount not exceeding the liabilities carried by the ceding insurer; provided, further, that the Commissioner may adopt by regulation pursuant to subsection B of Section 5124 of this title, specific additional requirements relating to or setting forth: the valuation of assets or reserve credits, the amount and forms of security supporting reinsurance arrangements described in subsection B of Section 5124 of this title and the circumstances pursuant to which credit will be reduced or eliminated. The reduction shall be in the amount of funds held by or on behalf of the ceding insurer including funds held in trust for the ceding insurer, under a reinsurance contract with the assuming insurer as security for the payment of obligations thereunder, if the security is held in the United States subject to withdrawal solely by, and under the exclusive control of, the ceding insurer; or, in the case of a trust, held in a qualified United States financial institution, as defined in subsection B of Section 5123.1 of this title. This security may be in the form of:
1. Cash;
2. Securities listed by the Securities Valuation Office of the National Association of Insurance Commissioners including those deemed exempt from filing as defined by the Purposes and Procedures Manual of the Securities Valuation Office and qualifying as admitted assets;
3.
a.
Clean, irrevocable, unconditional letters of credit, issued or confirmed by a qualified United States financial institution, as defined in subsection A of Section 5123.1 of this title, effective no later than December 31 of the year for which the filing is being made, and in the possession of, or in trust for, the ceding insurer on or before the filing date of its annual statement.
b.
Letters of credit meeting applicable standards of issuer acceptability as of the dates of their issuance or confirmation shall, notwithstanding the issuing or confirming institution's subsequent failure to meet applicable standards of issuer acceptability, continue to be acceptable as security until their expiration, extension, renewal, modification or amendment, whichever first occurs; or
4. Any other form of security acceptable to the Insurance Commissioner.
Added by Laws 1992, c. 178, § 37, eff. Sept. 1, 1992. Amended by Laws 1995, c. 52, § 1, emerg. eff. April 10, 1995; Laws 2000, c. 169, § 3, eff. Nov. 1, 2000; Laws 2002, c. 307, § 33, eff. Nov. 1, 2002; Laws 2016, c. 298, § 2, eff. Nov. 1, 2016; Laws 2022, c. 154, § 6, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 36. Insurance › §36-5123.1. Qualified United States financial institution defined

A. For purposes of paragraph 3 of Section 5123 of Title 36 of the Oklahoma Statutes, a "qualified United States financial institution" means an institution that:
1. Is organized or, in case of a United States office of a foreign banking organization, licensed under the laws of the United States or any state thereof;
2. Is regulated, supervised and examined by United States federal or state authorities having regulatory authority over banks and trust companies; and
3. Has been determined by either the Insurance Commissioner or the Securities Valuation Office of the National Association of Insurance Commissioners to meet such standards of financial condition and standing as are considered necessary and appropriate to regulate the quality of financial institutions whose letters of credit will be acceptable to the Commissioner.
B. For purposes of the provisions of the Credit for Reinsurance Act specifying those institutions that are eligible to act as a fiduciary of a trust, a "qualified United States financial institution" means an institution that:
1. Is organized or, in the case of a United States branch or agency office of a foreign banking organization, licensed under the laws of the United States or any state thereof and has been granted authority to operate with fiduciary powers; and
2. Is regulated, supervised and examined by federal or state authorities having regulatory authority over banks and trust companies.
Added by Laws 2016, c. 298, § 3, eff. Nov. 1, 2016.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6001. Discrimination through fictitious grouping prohibited.

No insurer, admitted or nonadmitted, shall make available through any rating plan or form, property, marine, vehicle, casualty or surety insurance to any firm, corporation, or association of individuals, any preferred rate or premium based upon any fictitious grouping of such firm, corporation or association of individuals.
Laws 1959, p. 135, § 1, emerg. eff. May 8, 1959.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6001.1. Conditions under which groups not considered fictitious.

A group or combination of persons or risks shall not be considered a fictitious group if the conditions provided in this section are met:
1. The group shall have been in existence for at least two (2) years prior to the purchase of the intended group plan of insurance or conclusive proof submitted to the Insurance Commissioner that such group was not organized primarily for the purpose of purchasing insurance;
2. The group shall have a highly reasonable degree of homogeneity;
3. Eligible members of the group shall be persons in good standing in the group. In the case of employees, such employees should be engaged in active employment of the employer of the group for not less than thirty (30) hours each week, or shall be on a pension with that respective employer or be the surviving spouse of a deceased pensioner;
4. Group underwriting standards shall be applied consistently throughout the group;
5. Coverage shall be available to all eligible members and the individual members of their family, who are members of their immediate household; but no prospective employee or employee already employed shall be required to participate as a condition of employment;
6. The experience of other similar groups within the state and insured by the same carrier shall not be combined for the purpose of determining rates;
7. Policies issued to members of such groups shall provide no more restrictive insuring agreements and conditions than those of policies available to the individual purchaser from the same insurer, and such groups shall be provided with the option to select a policy with such limits of coverage as are available to individual purchasers from the same insurer;
8. Any insurer offering such a group plan shall also be required to provide insurance on an individual basis to the general public of the state and shall not be permitted to enter in this state an insurance company solely for the purpose of mass marketing or grouping of auto insurance policies for any group;
9. The insurer shall be required to offer to a member a conversion to a standard plan of insurance offered by the same insurer to the general public of the state in which the group operates in the event of separation of the member from the group through termination of employment for any reason;
10. Individual policies of insurance shall be issued to each member of the group and the premiums shall be paid to the insurer periodically by the group or member, with or without payroll deductions; and
11. With regard to automobile insurance, unless the insurance for the entire group is canceled concurrently, no policy of insurance issued to a member shall be canceled except as otherwise provided by law.
Added by Laws 1996, c. 70, § 1, eff. Nov. 1, 1996.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6002. Approval by Insurance Commissioner.

No form or plan of insurance covering any group or combination of persons or risks shall be written or delivered within or outside of this state to cover Oklahoma persons or risks at any preferred rate or form other than that offered to persons not in such group, and the public generally, unless such form, plan or policy and the rates or premiums to be charged therefor have been submitted to and filed or approved by the Insurance Commissioner.
Added by Laws 1959, p. 135, § 2, emerg. eff. May 8, 1959. Amended by Laws 1997, c. 418, § 100, eff. Nov. 1, 1997; Laws 2006, c. 264, § 62, eff. July 1, 2006.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6011. Application to Oklahoma Employees Health Insurance Plan.

A. Any mandated health insurance coverage signed into law after November 1, 2016, for specific health services, benefits, diseases, copay structure, formulary structure or for certain providers of health care services shall also apply to the Oklahoma Employees Health Insurance Plan.
B. As used in this section, "Oklahoma Employees Health Insurance Plan" shall have the same meaning as "health insurance plan" as defined in Section 1303 of Title 74 of the Oklahoma Statutes.
Added by Laws 2016, c. 92, § 1, eff. Nov. 1, 2016.
2023 Oklahoma Statutes › Title 36. Insurance › §36-6012. Participation in premium assistance program – Health care plan recognition.

A health care plan recognized by the Insurance Department that participates in the premium assistance program created under Section 1010.1 of Title 56 of the Oklahoma Statutes as of the effective date of this act that at a later date becomes a self-funded or self-insured health care plan may continue to be recognized by the Insurance Department as a health care plan if such plan meets the requirements under subsection J of Section 1010.1 of Title 56 of the Oklahoma Statutes. The health care plan shall only be considered a health care plan for the exclusive purposes of the premium assistance program created under Section 1010.1 of Title 56 of the Oklahoma Statutes.
Added by Laws 2022, c. 309, § 1, eff. Nov. 1, 2022.