reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 36. Insurance › §36-624.2. Refund of erroneously paid premium tax – Filing – Demand for hearing.

A. Any taxpayer who has paid to the State of Oklahoma, through error of fact, or computation, or misinterpretation of law, any premium tax collected by the Oklahoma Insurance Commissioner may, as hereinafter provided, be refunded the amount of such tax so erroneously paid, without interest.
B. Any taxpayer who has so paid any such premium tax may, within three (3) years from the date of payment thereof, file with the Insurance Commissioner a verified claim for refund of such tax so erroneously paid. The Insurance Commissioner may accept an amended premium report or return as a verified claim for refund if the amended report or return establishes a liability less than the original report or return previously filed.
C. Said claim so filed with the Insurance Commissioner, except for an amended report or return, shall specify the name of the taxpayer, certificate of authority or license number of the taxpayer, the time when and period for which said premium tax was paid, the nature and kind of premium tax so paid, the amount of the premium tax which said taxpayer claimed was erroneously paid, the grounds upon which a refund is sought, and such other information or data relative to such payment as may be necessary to an adjustment thereof by the Insurance Commissioner. It shall be the duty of the Insurance Commissioner to determine what amount of refund, if any, is due as soon as practicable, but no later than ninety (90) days after such claim has been filed, and advise the taxpayer about the correctness of the taxpayer's claim, and the claim for refund shall be approved or denied by written notice to the taxpayer.
D. If the claim for refund is denied, the taxpayer may file a demand for hearing with the Insurance Commissioner. The demand for hearing must be filed on or before the thirtieth day after the date the notice of denial was mailed. If the taxpayer fails to file a demand for hearing, the claim for refund shall be barred.
E. Upon the taxpayer's timely filing of a demand for hearing, the Insurance Commissioner shall set a date for hearing upon the claim for refund which date shall not be later than sixty (60) days from the date the demand for hearing was mailed. The taxpayer shall be notified of the time and place of the hearing. The hearing may be held after the sixty-day period provided by this subsection upon agreement of the taxpayer.
Added by Laws 2003, c. 124, § 1, eff. Nov. 1, 2003.
2023 Oklahoma Statutes › Title 36. Insurance › §36-624.3. Refund of adverse economically targeted and home office credit deductions.

A. As used in this section:
1. “Economically targeted credits” means any credit against the insurance premium tax other than the home office credits;
2. “Home office credits” means the credits against insurance premium tax authorized pursuant to Section 625.1 of this title;
3. “Insurance premium tax” means those levies imposed pursuant to Sections 624 and 628 of this title; and
4. “Insurance premium tax liabilities” means the total liability of any insurance company created by the insurance premium tax.
B. Any taxpayer adversely affected by a requirement of the Oklahoma Insurance Department for deducting home office credits after the deduction of economically targeted credits in computation of the taxpayer’s insurance premium tax liabilities for the period January 2003, through December 2006, shall be granted a refund, pursuant to the provisions of Section 624.2 of this title, for the difference between the insurance premium tax liability as it would have been computed had the home office credit been deducted prior to economically targeted credits and the insurance premium tax liability as it was actually computed for such periods.
C. The provisions of this section shall be deemed sufficient grounds for the granting of a refund claim pursuant to subsection C of Section 624.2 of this title.
D. No refund otherwise payable pursuant to the provisions of this section shall be paid to a claimant prior to July 1, 2007.
E. Refunds paid on or after July 1, 2007, pursuant to the provisions of this section shall only be paid from those insurance premium taxes and fees that would be apportioned to the General Revenue Fund of the State Treasury. No refund otherwise payable pursuant to the provisions of this section shall be paid from insurance premium taxes or fees that would be apportioned to the Oklahoma Firefighters Pension and Retirement Fund, the Oklahoma Police Pension and Retirement System or the Law Enforcement Retirement Fund.
F. Any and all premium tax credits to be utilized or recovered in a subsequent year are fully admitted as an asset to the insurer owning or generating said credits.
Added by Laws 2005, c. 381, § 3, eff. July 1, 2006. Amended by Laws 2006, 2nd Ex. Sess., c. 44, § 1, eff. July 1, 2007.
2023 Oklahoma Statutes › Title 36. Insurance › §36-625.2. Premium tax credit - Applicable insurers.

A. The tax credits set forth in Section 1 of this act shall apply to insurers who take action after November 1, 1987, to:
1. Establish new regional home offices; or
2. Expand existing regional home offices, and hire new employees.
B. An insurer in either category of the requirements of paragraph A of this section must also meet the hiring minimum requirements for the applicable tax credit bracket in Section 1 of this act.
Added by Laws 1987, c. 137, § 2, eff. Nov. 1, 1987.
2023 Oklahoma Statutes › Title 36. Insurance › §36-625.3. Insurance companies - Home office - Tax credit.

An insurance company that has operated a regional home office in this state that has qualified for the tax credit provided for in Section 625.1 of Title 36 of the Oklahoma Statutes and that redomiciles and moves its home office to this state shall continue to receive such tax credit under the terms for which is was originally allowed.
Added by Laws 2000, c. 315, § 10, eff. July 1, 2000.
2023 Oklahoma Statutes › Title 36. Insurance › §36-625.4. Credit against premium tax.

A. One hundred percent (100%) of any assessment paid by an insurer under the Oklahoma Property and Casualty Insurance Guaranty Association Act shall be allowed to that insurer as a credit against its premium tax levied under Section 624 of Title 36 of the Oklahoma Statutes. The tax credit referred to in this section shall be allowed at a rate of ten percent (10%) per year for ten (10) successive years following the date of assessment and, at the option of the insurer, may be taken over an additional number of years. The balance of any tax credit not claimed in a particular year may be reflected in the books and records of the insurer as an admitted asset of the insurer for all purposes.
B. Available credit against premium tax allowed under subsection A of this section may be transferred or assigned among or between insurers if:
1. A merger, acquisition, or total assumption of reinsurance among or between the insurers occurs; or
2. The Insurance Commissioner by order approves the transfer or assignment.
Added by Laws 2002, c. 307, § 11, eff. Nov. 1, 2002.
2023 Oklahoma Statutes › Title 36. Insurance › §36-626. Collection proceedings.

If any entity such as is referred to in this article fails to pay the annual premium tax levied by Section 624 of this Code, it shall be the duty of the Attorney General to institute proceedings in the name of the State of Oklahoma on the relation of the Insurance Commissioner in a court of competent jurisdiction to collect said amount.
Amended by Laws 1985, c. 179, § 3, emerg. eff. June 21, 1985.
2023 Oklahoma Statutes › Title 36. Insurance › §36-628. Retaliation.

When by or pursuant to the laws of any other state or foreign country any premium or income or other taxes, or any fees, fines, penalties, licenses, deposit requirements or other material obligations, prohibitions or restrictions are imposed upon Oklahoma insurers doing business, or that might seek to do business in such other state or country, which in the aggregate are in excess of such taxes, fees, fines, penalties, licenses, deposit requirements or other obligations, prohibitions or restrictions directly imposed upon similar insurers of such other state or foreign country under the statutes of this state, so long as such laws continue in force or are so applied, the same obligations, prohibitions and restrictions of whatever kind shall be imposed upon similar insurers of such other state or foreign country doing business in Oklahoma. All insurance companies of other nations shall be held to the same obligations and prohibitions that are imposed by the state where they have elected to make their deposit and establish their principal agency in the United States. Any tax, license or other obligation imposed by any city, county or other political subdivision of a state or foreign country on Oklahoma insurers or their agents shall be deemed to be imposed by such state or foreign country within the meaning of this section. The provisions of this section shall not apply to ad valorem taxes on real or personal property or to personal income taxes.
Added by Laws 1957, p. 239, § 628, operative July 1, 1957. Amended by Laws 1990, c. 258, § 80, operative July 1, 1990; Laws 2001, c. 363, § 7, eff. July 1, 2001; Laws 2010, c. 222, § 6, eff. Nov. 1, 2010; Laws 2011, c. 278, § 3; Laws 2011, c. 360, § 3.
2023 Oklahoma Statutes › Title 36. Insurance › §36-629. Estimate and prepayment of premium tax - Crediting.

A. Every insurance company transacting business in this state whose premium tax, paid with respect to the previous calendar year's premiums, was One Thousand Dollars ($1,000.00) or more, shall make an estimate each year as provided herein and remit with each estimate a prepayment of its annual premium tax for the current calendar year equal to one-fourth (1/4) of its annual premium tax paid with respect to the previous calendar year's premiums. Estimates, with remittance, shall be made on or before April 15, June 15, September 15 and December 15, respectively.
B. All sums prepaid by an insurance company shall be allowed as credits against its annual return for premium tax payable on or before the first day of March. If sums prepaid exceed the insurance company’s annual premium tax payable on or before the first day of March, the excess shall be refunded or shall be allowed as credits against subsequent prepayments of the tax as the insurance company shall elect on the annual return for premium tax filed for the year by the insurance company with respect to which such excess prepayments were made. Provided, in the case of an insurance company which has made prepayments of its premium tax in excess of its annual premium tax payable, the part of the excess prepayments as has not been credited against subsequent prepayments of the tax shall be refunded to the insurance company upon application within one hundred eighty (180) days after application is made.
Added by Laws 1971, c. 191, § 1, emerg. eff. June 4, 1971. Amended by Laws 1972, c. 59, § 1, emerg. eff. March 25, 1972; Laws 1982, c. 164, § 1, operative July 1, 1982; Laws 1988, c. 83, § 8, emerg. eff. March 25, 1988; Laws 1997, c. 418, § 29, eff. Nov. 1, 1997; Laws 2004, c. 274, § 4, eff. July 1, 2004; Laws 2005, c. 129, § 4, eff. Nov. 1, 2005.
2023 Oklahoma Statutes › Title 36. Insurance › §36-630. Failure to make payments timely - Penalties.

Failure to make such payments timely shall subject the insurance company to a penalty of ten percent (10%) of the tax due and said tax and penalty shall be further subject to interest at the rate of six percent (6%) per annum, from the date said payment should have been paid, until the tax, penalty and interest are paid.
Added by Laws 1971, c. 191, § 2, emerg. eff. June 4, 1971. Amended by Laws 2004, c. 274, § 5, eff. July 1, 2004.
2023 Oklahoma Statutes › Title 36. Insurance › §36-631. Deposit of premium tax - Payments to Medicaid Contingency Revolving Fund - Transfer of funds received from tax protest litigation.

A. Said premium tax as collected shall be deposited by the thirtieth day of the month of receipt to the credit of the General Revenue Fund subject only to the allocations thereof as otherwise provided by law.
B. That portion of premium tax assessed on the premiums of Medicaid recipients collected from the University of Oklahoma Managed Care Plan sponsored by the University of Oklahoma Health Sciences Center and from qualified health plans that contract with the Oklahoma Health Care Authority to provide managed care to participants in the State Medicaid program, as provided in Section 624 of this title, shall be paid by the thirtieth day of the month of receipt to the credit of the Medicaid Contingency Revolving Fund, created in Section 1010.8 of Title 56 of the Oklahoma Statutes.
Added by Laws 1971, c. 191, § 3, emerg. eff. June 4, 1971. Amended by Laws 1987, c. 203, § 107, operative July 1, 1987; Laws 1988, c. 127, § 2, emerg. eff. April 12, 1988; Laws 1988, c. 204, § 1, operative July 1, 1988; Laws 1995, c. 331, § 1, eff. Nov. 1, 1995; Laws 1996, c. 302, § 1, eff. July 1, 1996.
2023 Oklahoma Statutes › Title 36. Insurance › §36-632.1. Home service contracts and home warranties not insurance.

Home service contracts and home warranties, as defined in Section 6752 of Title 36 of the Oklahoma Statutes, are not insurance in this state or otherwise regulated under the Insurance Code.
Added by Laws 2021, c. 137, § 3, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 36. Insurance › §36-633. MEWA defined - Information relating to administrative services contracts.

A. As used in this act, the term "Multiple Employer Welfare Arrangement" or "MEWA" means that term as defined in Section 3 of the Employee Retirement Income Security Act of 1974, 29 U.S.C., Section 1002(40)(A), as amended, that meets either or both of the following criteria:
1. One or more of the employer members of the MEWA is either domiciled in this state or has its principal place of business or principal administrative office in this state; or
2. The MEWA solicits an employer that is domiciled in this state or that has its principal place of business or principal administrative office in this state.
B. Each insurer licensed to do business in this state, including any corporation organized under the provisions of Article 26 of Title 36 of the Oklahoma Statutes, that administers a MEWA shall provide the Insurance Commissioner with such information regarding the insurer's administrative services contract or contracts with such MEWA or MEWAs that the Commissioner may reasonably require.
C. A MEWA shall be administered only by a licensed insurer or a licensed third party administrator.
Added by Laws 1992, c. 374, § 1, eff. Jan. 1, 1993.
2023 Oklahoma Statutes › Title 36. Insurance › §36-634. Valid license required - Exempt entities.

A. It is unlawful to operate, maintain or establish a MEWA unless the MEWA has a valid license issued by the Insurance Commissioner. Any MEWA operating in this state without a valid license is an unauthorized insurer.
B. This act shall not apply to:
1. A MEWA that offers or provides benefits that are fully insured by an authorized insurer;
2. A MEWA that is exempt from state insurance regulation in accordance with the Employee Retirement Income Security Act of 1974 (ERISA) (Public Law 93-406);
3. Any plan that has no more than two employer members which share substantial common support other than income generated by their respective similar business classification;
4. A plan that has no more than two employer members, which together have a combined net worth of more than Five Million Dollars ($5,000,000.00) and each of such member employers participated in the continuous sponsorship and maintenance of such MEWA for the benefit of their employees for a period of more than ten (10) years next preceding the effective date of this act; or
5. A nonprofit professional trade association pursuant to Section 501(c)(3) of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3), which has maintained either a self-funded plan or a fully insured plan of coverage for the payment of expenses to or for members of the association for a period of ten (10) or more consecutive years and, if self-funded, which coverage is provided to at least five hundred covered participants.
C. Any entity which claims to be exempt from state regulation pursuant to subsection B of this section shall provide to the Commissioner strict proof establishing such exemption.
Added by Laws 1992, c. 374, § 2, eff. Jan. 1, 1993. Amended by Laws 2004, c. 416, § 1, emerg. eff. June 4, 2004; Laws 2019, c. 425, § 1, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 36. Insurance › §36-636. Use of words or descriptions causing beneficiaries to believe MEWA is insurance company.

No licensed MEWA shall use in its name, contracts, literature, advertising in any medium, or any other printed matter any words or descriptions which would cause beneficiaries or potential beneficiaries to believe it is an insurance company.
Added by Laws 1992, c. 374, § 4, eff. Jan. 1, 1993.
2023 Oklahoma Statutes › Title 36. Insurance › §36-638. Compliance with provisions of Title 36 relating to examinations, deposits and solvency regulation.

Every Multiple Employer Welfare Arrangement shall comply with Articles 15 through 19 and Sections 309.1 through 309.7, 311.1 and 619 of this title which pertain to examinations, deposits and solvency regulation.
Added by Laws 1992, c. 374, § 6, eff. Jan. 1, 1993. Amended by Laws 2021, c. 478, § 2, emerg. eff. May 12, 2021.
2023 Oklahoma Statutes › Title 36. Insurance › §36-640. Denial, suspension or revocation of license - Corrective action plans - Rescission or modification of suspension order.

A. The Insurance Commissioner shall deny, suspend or revoke a MEWA's license if, after notice and opportunity for a hearing, the Commissioner finds that the MEWA:
1. Is insolvent;
2. Is using such methods and practices in the conduct of its business as to render its further transaction of business in this state hazardous or injurious to its participating employees, covered employees and dependents, or to the public;
3. Has failed to pay any final judgment rendered against it in a court of competent jurisdiction within sixty (60) days after the judgment became final;
4. Is or has been in violation of any material provisions of this act;
5. Is no longer actuarially sound; or
6. Is charging rates that are excessive, inadequate or unfairly discriminatory.
B. The Commissioner may deny, suspend or revoke the license of any MEWA if, after notice and opportunity for a hearing, the Commissioner determines that the MEWA:
1. Has violated any lawful order or rule of the Commissioner or any applicable provisions of this act;
2. Has refused to produce its accounts, records or files for examination under Sections 309.1 through 310A.3 of this title or through any of its officers has refused to give information with respect to its affairs or to perform any other legal obligation as to an examination;
3. Utilized persons to solicit enrollments through an unlicensed agent; or
4. Has violated any provision of the Unfair Claims Settlement Practices Act, Section 1250.1 et seq. of this title.
C. Whenever the financial condition of the MEWA is such that, if not modified or corrected, its continued operation would result in impairment or insolvency, in addition to any provisions in this act, the Commissioner may order the MEWA to file with the Commissioner and implement a corrective action plan designed to correct such impairment or insolvency.
If the MEWA fails to submit a plan within the time specified by the Commissioner or submits a plan that is insufficient, the Commissioner may order the MEWA to implement corrective actions as necessary to correct the MEWA's financial condition.
D. The Commissioner shall, in any order suspending the authority of a MEWA to enroll new insureds, specify the period during which the suspension is to be in effect and the conditions, if any, that must be met prior to reinstatement of its authority to enroll new insureds. The order of suspension is subject to rescission or modification by further order of the Commissioner before the expiration of the suspension period. Reinstatement shall not be made unless requested in writing by the MEWA; however, the Commissioner shall not grant reinstatement if it is found that the circumstances for which suspension occurred still exist.
Added by Laws 1992, c. 374, § 8, eff. Jan. 1, 1993. Amended by Laws 2019, c. 425, § 5, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 36. Insurance › §36-641. Promulgation of rules relating to multiple employer welfare arrangements.

The Insurance Commissioner may promulgate rules to implement the provisions of Sections 633 through 640 of Title 36 of the Oklahoma Statutes relating to multiple employer welfare arrangements.
Added by Laws 2002, c. 129, § 4, eff. Nov. 1, 2002.
2023 Oklahoma Statutes › Title 36. Insurance › §36-650. Competition with Nine-One-One system prohibited.

Insurers, nonprofit health service plans, and health maintenance organizations shall not establish or promote an emergency medical response, triage, or transportation system in competition with or in substitution of the Nine-One-One system. Insurers, nonprofit health service plans, and health maintenance organizations shall not use false or misleading language to discourage or prohibit access to the Nine-One-One system.
Added by Laws 2000, c. 353, § 3, eff. Nov. 1, 2000.
2023 Oklahoma Statutes › Title 36. Insurance › §36-701. Definitions not mutually exclusive.

It is intended that certain coverages may come within the definitions of two or more kinds of insurance as set forth in this article, and the fact that such a coverage is included within one definition shall not exclude such coverage as to any other kind of insurance within the definition of which such coverage likewise reasonably is includable.
Laws 1957, p. 239, § 701.
2023 Oklahoma Statutes › Title 36. Insurance › §36-702. "Life insurance" defined.

"Life insurance" is insurance on human lives and insurance appertaining thereto or connected therewith. The transacting of life insurance includes the granting of endowment benefits, additional benefits in the event of death or dismemberment by accident or accidental means, additional benefits in the event of the disability of the insured, optional modes of settlement of proceeds of life insurance, and additional benefits providing acceleration of life or endowment or annuity benefits in advance of the time they would otherwise be payable, as an indemnity for long-term care which is certified or ordered by a physician, including but not limited to, professional nursing care, medical care expenses, custodial nursing care, nonnursing custodial care provided in a nursing home or at a residence of the insured or providing such acceleration upon the occurrence of a castastrophic disease or diseases as designated and defined by the policy. An insurer authorized to transact life insurance may also grant annuities.
Laws 1957, p. 239, § 702.
2023 Oklahoma Statutes › Title 36. Insurance › §36-704. "Property insurance" defined.

"Property insurance" is insurance on real or personal property of every kind and interest therein, against loss or damage from any or all hazard or cause, and against loss consequential upon such loss or damage, other than noncontractual legal liability for any such loss or damage. Property insurance shall also include miscellaneous insurance as defined in paragraph 11 of section 707 of this article except as to any noncontractual liability coverage includable therein.
Laws 1957, p. 239, § 704.
2023 Oklahoma Statutes › Title 36. Insurance › §36-705. "Marine insurance" defined.

"Marine insurance" includes:
1. Insurance against any and all kinds of loss or damage to vessels, craft, aircraft, cars, automobiles and vehicles of every kind, as well as all goods, freight, cargoes, merchandise, effects, disbursements, profits, moneys, bullion, precious stones, securities, choses in action, evidence of debt, valuable papers, bottomry and respondentia interests and all other kinds of property and interests therein, in respect to, appertaining to or in connection with any and all risks or perils of navigation, transit, or transportation, including war risks, on or under any seas or other waters, on land or in the air, or while being assembled, packed, crated, baled, compressed or similarly prepared for shipment or while awaiting the same or during any delays, storage, transshipment, or reshipment incident thereto, including marine builders' risks and all personal property floater risks;
2. Insurance against any and all kinds of loss or damage to person or to property in connection with or appertaining to a marine, inland marine, transit or transportation insurance, including liability for loss of or damage to either, arising out of or in connection with the construction, repair, operation, maintenance or use of the subject matter of such insurance (but not including life insurance or surety bonds nor insurance against loss by reason of bodily injury to the person arising out of the ownership, maintenance or use of automobiles);
3. Insurance against any and all kinds of loss or damage to precious stones, jewelry, gold, silver and other precious metals, whether used in business or trade or otherwise and whether the same be in course of transportation or otherwise;
4. Insurance against any and all kinds of loss or damage to bridges, tunnels and other instrumentalities of transportation and communication (excluding buildings, their furniture and furnishings, fixed contents and supplies held in storage) unless fire, tornado, sprinkler leakage, hail, explosion, earthquake, riot or civil commotion or any or all of them are the only hazards to be covered;
5. Insurance against any and all kinds of loss or damage to piers, wharves, docks and slips, excluding the risks of fire, tornado, sprinkler leakage, hail, explosion, earthquake, riot and civil commotion and each of them;
6. Insurance against any and all kinds of loss or damage to other aids to navigation and transportation, including dry docks and marine railways, dams and appurtenant facilities for the control of waterways; and
7. Marine protection and indemnity insurance, which is insurance against, or against legal liability of the insured for, loss, damage or expense arising out of, or incident to, the ownership, operation, chartering, maintenance, use, repair or construction of any vessel, craft or instrumentality in use in ocean or inland waterways, including liability of the insured for personal injury, illness or death or for loss of or damage to the property of another person.
Laws 1957, p. 240, § 705.
2023 Oklahoma Statutes › Title 36. Insurance › §36-706. "Vehicle insurance" defined.

"Vehicle insurance" is insurance against loss of or damage to any land vehicle or aircraft or any draft or riding animal or to property while contained therein or thereon or being loaded or unloaded therein or therefrom, from any hazard or cause, and against any loss, liability or expense resulting from or incident to ownership, maintenance or use of any such vehicle, aircraft or animal; together with insurance against accidental death or accidental injury to individuals, including the named insured, while in, entering, alighting from, adjusting, repairing, cranking, or caused by being struck by a vehicle, aircraft or draft or riding animal, if such insurance is issued as a part of insurance on the vehicle, aircraft or draft or riding animal.
Laws 1957, p. 240, § 706.
2023 Oklahoma Statutes › Title 36. Insurance › §36-708. "Surety insurance" defined.

"Surety insurance" includes:
1. Fidelity insurance, which is insurance guaranteeing the fidelity of persons holding positions of public or private trust.
2. Insurance guaranteeing the performance of contracts, other than insurance policies, and guaranteeing and executing bonds, undertakings and contracts of suretyship.
3. Insurance indemnifying banks, bankers, brokers, financial or moneyed corporations or associations against loss, resulting from any cause, of bills of exchange, notes, bonds, securities, evidences of debt, deeds, mortgages, warehouse receipts or other valuable papers, documents, money, precious metals and articles made therefrom, jewelry, watches, necklaces, bracelets, gems, precious and semiprecious stones, including any loss while the same are being transported in armored motor vehicles, or by messenger, but not including any other risks of transportation or navigation; also insurance against loss or damage to such an insured's premises or to his furnishings, fixtures, equipment, safes, and vaults therein, caused by burglary, robbery, theft, vandalism or malicious mischief, or any attempt thereat.
Laws 1957, p. 241, § 708.
2023 Oklahoma Statutes › Title 36. Insurance › §36-710. Limit of risk.

A. No insurer shall retain any risk on any one subject of insurance, whether located or to be performed in Oklahoma or elsewhere, in an amount exceeding ten percent (10%) of its surplus to policyholders.
B. A "subject of insurance" for the purposes of this section, as to insurance against fire and hazards other than windstorm or earthquake, includes all properties insured by the same insurer which are customarily considered by underwriters to be subject to loss or damage from the same fire or other such hazard insured against.
C. Reinsurance authorized by Section 711 of this article shall be deducted in determining risk retained. As to surety risks, deduction shall also be made of the amount assumed by any established incorporated cosurety and the value of any security deposited, pledged, or held subject to the surety's consent and for the surety's protection.
D. "Surplus to policyholders" for the purpose of this section shall be deemed to include any voluntary reserves which are not required pursuant to law, and shall be determined from the last sworn statement of the insurer on file with the Insurance Commissioner or by the last report of examination by the Insurance Commissioner, whichever is the more recent at time of assumption of such risk.
E. As to alien insurers, other than life insurers domiciled in Canada, this section shall relate only to risks and surplus to policyholders of the insurer's United States branch.
F. This section shall not apply to group life or group or blanket accident and health insurance, title insurance, insurance of ocean marine risks or maine protection and indemnity risks, workers' compensation insurance, employers' liability coverages, nor to any policy or type of coverage as to which the maximum possible loss to the insurer is not readily ascertainable on issuance of the policy.
Added by Laws 1957, p. 242, § 710, operative July 1, 1957.
2023 Oklahoma Statutes › Title 36. Insurance › §36-711. Allowance for credit or increase in amount at risk – Contract requirements.

A. 1. No credit shall be allowed, as an admitted asset or as a deduction from liability, to any ceding insurer for reinsurance nor increase the amount it is authorized to have at risk unless the reinsurance contract provides, in substance, that in the event of the insolvency of the ceding insurer, the reinsurance shall be payable under a contract or contracts reinsured by the assuming insurer on the basis of reported claims allowed by the liquidation court, without diminution because of the insolvency of the ceding insurer. Such payments shall be made directly to the ceding insurer or to its domiciliary liquidator, except:
a.
if the contract or other written agreement specifically provides another payee of such reinsurance in the event of the insolvency of the ceding insurer, or
b.
if the assuming insurer, with the consent of the direct insureds, has assumed such policy obligations of the ceding insurer as direct obligations of the assuming insurer to the payees under such policies and in substitution for the obligations of the ceding insurer to such payees.
2. The reinsurance agreement may provide that the domiciliary liquidator of an insolvent ceding insurer shall give written notice to the assuming insurer of the pendence of a claim against such ceding insurer on the contract reinsured within a reasonable time after such claim is filed in the liquidation proceeding. During the pendence of such claim, any assuming insurer may investigate such claim and interpose, at its own expense, in the proceeding where such claim is to be adjudicated, any defenses which it deems available to the ceding insurer, or its liquidator. Such expense may be filed as a claim against the insolvent ceding insurer to the extent of a proportionate share of the benefit which may accrue to the ceding insurer solely as a result of the defense undertaken by the assuming insurer. If two or more assuming insurers are involved in the same claim and a majority in interest elect to interpose one or more defenses to such claim, the expense shall be apportioned in accordance with the terms of the reinsurance agreement as though such expense had been incurred by the ceding insurer.
B. This section shall not apply to insurance of ocean marine risks or marine protection and indemnity risks.
Added by Laws 1957, p. 242, § 711. Amended by Laws 1984, c. 149, § 4, eff. Nov. 1, 1984; Laws 1993, c. 79, § 3, eff. Sept. 1, 1993; Laws 2000, c. 169, § 5, eff. Nov. 1, 2000.
2023 Oklahoma Statutes › Title 36. Insurance › §36-712. Posting of standard policies and endorsements.

Any insurance company offering property and casualty insurance policies may, in lieu of mailing or delivering, post on their website standard policies and endorsements that do not contain personally identifiable information. If an insurer elects to provide standard policy and endorsement forms on the insurer’s website, the insurer shall ensure that the policies and endorsements are posted in a manner that complies with the following conditions:
1. The policy and endorsements shall be easily accessible;
2. The insurer shall archive all policies and endorsements for a period of five (5) years after the expiration of the policy;
3. All policies and endorsements shall be posted in a manner that allows an insured to print and save electronic copies of the documents;
4. The insurer shall provide notice at the time of issuance of the initial policy forms and upon renewal of a method by which the insured may obtain, without charge, a paper or electronic copy of the insured’s policy and endorsements;
5. Each declaration page issued to an insured shall clearly identify the policy and endorsement forms purchased by the insured; and
6. The insurer shall provide notice of any changes to the forms or endorsements and of the insured’s right to obtain, without charge, paper or electronic copies of the forms in the manner the insurer customarily communicates with the insured.
Added by Laws 2013, c. 68, § 1, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 36. Insurance › §36-901.1. Purposes of act.

A. The purposes of this act are:
1. To promote the public welfare by regulating insurance rates to the end that they shall not be excessive, inadequate or unfairly discriminatory;
2. To improve availability, fairness and reliability of insurance and insurance rates;
3. To authorize essential cooperative action among insurers in the ratemaking process and to regulate such activity to prevent practices that tend to substantially lessen competition or to create a monopoly;
4. To encourage the most efficient and economic marketing practices; and
5. To encourage the providing of price and other information to enable consumers to purchase insurance suitable for their needs and to foster competitive insurance markets.
B. This act shall be liberally construed to effectuate its purposes.
Added by Laws 1987, c. 210, § 13, eff. July 1, 1987.
2023 Oklahoma Statutes › Title 36. Insurance › §36-901.2. Definitions.

As used in this act unless the context otherwise requires:
1. "Act" means the Oklahoma Insurance Rating Act;
2. "Commissioner" means the Insurance Commissioner of the State of Oklahoma or his designee;
3. "Department" means the Insurance Department of the State of Oklahoma;
4. "Rate" means the cost of insurance per exposure unit, whether expressed as a single number or as a prospective loss cost and an adjustment to account for the treatment of expenses, profit and variations in loss experience, prior to any application of individual risk variations based on loss or expense considerations, and does not include minimum premiums:
a.
"prospective loss cost", as used in this paragraph, means that portion of a rate that does not include provisions for expenses, other than loss adjustment expenses, or profit, and are based on historical aggregate losses and loss adjustment expenses adjusted through development to their ultimate value and projected through trending to a future point in time, and
b.
"expenses", as used in this paragraph, means that portion of a rate attributable to acquisition, field supervision, collection expenses, general expenses, taxes, licenses, and fees; and
5. "Rating organization, advisory organization or statistical organization" means any two or more insurers acting in cooperation or in concert for the purpose of making rates, rating plans or rating systems.
Added by Laws 1987, c. 210, § 14, eff. July 1, 1987. Amended by Laws 1994, c. 129, § 2, eff. Sept. 1, 1994; Laws 2006, c. 264, § 11, eff. July 1, 2006.
2023 Oklahoma Statutes › Title 36. Insurance › §36-901.3. Filing - Contents and procedure.

A. In order to be complete, a filing shall contain the following:
1. A memorandum briefly summarizing the gist of the filing;
2. An index to the filing;
3. A clear and concise statement of the action desired to be taken by the Commissioner;
4. References to the sections of law and to rules and regulations which authorize the action desired to be taken by the Insurance Commissioner or which support the information contained in the filing;
5. An explanation of the application of the filing factors, which are contained in subsection A of Section 902.2 or subsection B of Section 985 of this title, together with assumptions and conclusions concerning such factors;
6. References to exhibits and other documents contained in the filing which are relied upon to support the action requested by the filing; and
7. Any other information required by the Commissioner.
B. If the filer is an advisory organization or joint underwriting association, it is sufficient for such information to be provided in summary form for all the filer's members and subscribers.
C. If a filing is incomplete, the Commissioner shall notify the filer, in writing, of the necessary materials required by this article, by rules of the Commissioner or by orders adopted by the Commissioner to complete the filing.
Added by Laws 1987, c. 210, § 15, eff. July 1, 1987. Amended by Laws 1997, c. 418, § 31, eff. Nov. 1, 1997; Laws 2006, c. 264, § 12, eff. July 1, 2006.
2023 Oklahoma Statutes › Title 36. Insurance › §36-901.4. Hearings - Period of advisement - Additional information, analysis, consideration and investigation.

A. Not less than ten (10) days in advance of a meeting to determine whether a hearing will be held, the Insurance Commissioner shall give notice to each insurer or organization making the filing, to each party to the filing and to any person who annually requests in writing to be notified of filings made pursuant to this act, of the date, time and location of any hearing or rehearing, the name of the insurer or organization making the filing and of the parties to the filing and a brief statement of the action requested in the filing.
B. Hearings shall be open to the public.
C. Any person aggrieved with respect to a rate filing may make written application to the Commissioner to participate in any hearing called by the Commissioner. If the Commissioner finds the application to be supported by reasonable grounds, it may allow the applicant to appear in person or by counsel.
At the conclusion of any formal hearing and before the final closing of such hearing, any party in interest upon timely request shall be granted, as a matter of right, a continuance of twenty-four (24) hours for the purpose of making examination and analyses of documents introduced in the hearing.
D. The evidentiary procedures of the Administrative Procedures Act shall apply to hearings conducted pursuant to this act.
E. Upon written request seasonably made by a person affected by the hearing, and at such person's expense, the Commissioner shall cause a full stenographic record of the proceedings to be made by a competent court reporter. If transcribed, such record shall be a part of the Commissioner’s record of the hearing, and a copy of such stenographic record shall be furnished to any other party having a direct interest therein at the request and expense of such party.
F. Following a hearing on a filing made pursuant to this act, the Commissioner may take the matter under advisement for up to thirty (30) calendar days, subject to the provisions of Section 903 of this title.
G. At any time during the pendency of a filing, the Commissioner may:
1. Require the submission of additional information by any party to the filing;
2. Solicit proposals for independent analysis of the filing by qualified technicians, such technicians to be chosen pursuant to the provisions of Section 332 of this title;
3. Consider the findings of its employees or the technician; and
4. Conduct other or additional investigations including additional hearings.
Added by Laws 1987, c. 210, § 16, eff. July 1, 1987. Amended by Laws 1991, c. 204, § 8, eff. Sept. 1, 1991; Laws 2006, c. 264, § 13, eff. July 1, 2006.
2023 Oklahoma Statutes › Title 36. Insurance › §36-901.5. Filing of advisory prospective loss costs and supporting actuarial data and statistical data for workers' compensation insurance.

A. Rating organizations shall develop and file for approval with the Insurance Commissioner in accordance with the provisions of this section, a filing containing advisory prospective loss costs and supporting actuarial and statistical data for workers' compensation insurance. Each insurer shall individually file their own specific profit and expense factors used to determine the final rates it will file for approval and the effective date of any rate changes.
B. As used in this section:
1. "Expenses" means that portion of a rate attributable to acquisition, field supervision, collection expenses, general expenses, taxes, licenses and fees;
2. "Rate" means the cost of insurance per exposure unit, whether expressed as a single number or as a prospective loss cost with an adjustment to account for the treatment of expenses, profit and variations in loss experience, prior to any application of individual risk variations based on loss or expense considerations, and does not include minimum premiums; and
3. "Prospective loss costs" means that portion of a rate that does not include provision for expenses (other than loss adjustment expenses) or profit, and is based on historical aggregate losses and loss adjustment expenses adjusted through development to its ultimate value and projected through trending to a future point in time.
Added by Laws 1993, c. 349, § 22, eff. Sept. 1, 1993. Amended by Laws 1997, c. 418, § 32, eff. Nov. 1, 1997.
2023 Oklahoma Statutes › Title 36. Insurance › §36-903.2. Workplace safety plans - Expenses of implementation.

No insurance company shall request and the Insurance Commissioner shall not approve an increase for the expense portion of insurance company rate filings based upon the requirements of Section 6701 of this title.
Added by Laws 1994, 2nd Ex. Sess., c. 1, § 15, emerg. eff. Nov. 4, 1994. Amended by Laws 2006, c. 264, § 17, eff. July 1, 2006; Laws 2013, c. 254, § 16; Laws 2015, c. 298, § 6, eff. Nov. 1, 2015.
2023 Oklahoma Statutes › Title 36. Insurance › §36-904. Inspection of filed rates - Information to insured - Proceedings by aggrieved persons - False or misleading information - Withholding policy or evidence.

A. All schedules and insurance rates and supporting information filed in accordance with the provisions of this article shall be open to inspection to the public after such filings are made.
B. Every advisory organization and every insurer which makes its own rates shall, within a reasonable time after receiving written request therefor and upon payment of such reasonable charge as it may make, furnish to any insured affected by a rate made by it, or to the authorized representative of such insured, all pertinent information as to such rate.
C. Every advisory organization and every insurer which makes its own rates shall provide within the state reasonable means whereby any person, aggrieved by the application of its rating system, may be heard, in person or by his authorized representative, on his written request to revise the manner in which such rating system has been applied in connection with the insurance afforded him. If the advisory organization or insurer fails to grant or reject such request, within thirty (30) days after it is made, this applicant may proceed in the same manner as if his application had been rejected. Any party affected by the action of such advisory organization or such insurer on such request may, within thirty (30) days after written notice of such action, appeal to the Insurance Commissioner, which, after a hearing held upon not less than ten (10) days written notice to the appellant and to such advisory organization or insurer, may modify, affirm or reverse such action.
D. No insurer, agent, broker, or advisory organization may willfully withhold required information from or give false or misleading information to the Commissioner.
E. No insurer, agent, or broker shall fail to furnish to an insured any policy or comparable evidence of insurance to which the insured is entitled.
Added by Laws 1957, p. 245, § 904, operative July 1, 1957. Amended by Laws 1987, c. 210, § 20, eff. July 1, 1987; Laws 2006, c. 264, § 18, eff. July 1, 2006.
2023 Oklahoma Statutes › Title 36. Insurance › §36-907. General powers of the Insurance Commissioner.

In addition to any powers hereinbefore expressly enumerated in this law, the Insurance Commissioner shall have full power and authority to enforce by regulations, orders or otherwise all and singular, the provisions of this law, and the full intent thereof. In particular the Commissioner shall have the authority and power:
1. To examine all records of insurers, pharmacy benefits managers and advisory organizations and to require any insurer, agent, broker and advisory organization to furnish under oath such information as it may deem necessary for the administration of this law. The expense of such examination shall be paid by the insurer or advisory organization examined. In lieu of such examination, the Commissioner may, in the discretion of the Commissioner, accept a report of examination made by any other insurance supervisory authority;
2. To make and enforce such reasonable orders, rules and regulations as may be necessary in making this law effective, but such orders, rules and regulations shall not be contrary to or inconsistent with the provisions of this law; and
3. To issue an order, after a full hearing to all parties in interest requiring any insurer, group, association or organization of insurers and the members and subscribers thereof to cease and desist from any unfair or unreasonable practice.
Added by Laws 1957, p. 247, § 907, operative July 1, 1957. Amended by Laws 1987, c. 210, § 22, eff. July 1, 1987; Laws 2006, c. 264, § 19, eff. July 1, 2006; Laws 2021, c. 472, § 8, emerg. eff. May 11, 2021.