Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 10 - Life, Accident and Health › Subchapter 1 - General Provisions › Part 1 - GENERAL PROVISIONS › Section 365:10-1-17 - Life, accident, and health form filings

Current through Vol.
				  41, No. 20, July 1, 2024
(a)
Purpose.
The purpose of this
				  section is to specify the procedures for submitting form filings to the
				  Insurance Commissioner as required by Sections 3610 and 4402 of the Insurance
				  Code.
(b)
Procedures.
Policy forms, endorsements, and revisions thereto, by insurance companies
				  licensed in Oklahoma, shall be submitted in compliance with this section, or
				  shall be rejected for filing, and the entity that made such submission shall be
				  so notified.
(1)
Filing
				  requirements.
The Insurance Code, Sections 3610 and 4402, requires that
				  each insurer shall make its form filings by line of business directly with the
				  Insurance Commissioner.
(2)
Filing fees.
(A) Form filings
				  shall be accompanied by the proper fees as specified in the Insurance Code.
				  Fees shall not be paid in cash.
(B)
				  Filings for groups of insurers shall be accompanied by the specified fee for
				  each transaction, regardless of the number of members or subscribers.
(3)
Address
				  requirements.
All filings shall be addressed as follows: Oklahoma
				  Insurance Commissioner, 400 NE 50th Street, Oklahoma
				  City, Oklahoma 73105.
(4)
Submission.
All filings except those exempted shall be submitted
				  through the System for Electronic Rate and Form Filing (SERFF) pursuant to the
				  SERFF General Instructions, and shall include a description of the filing(s),
				  all exhibits, forms, and additional information required by the
				  Commissioner.
(5)
Effective
				  date of filings.
The effective date of form filings and the dates of
				  required action by the Insurance Commissioner are governed by the applicable
				  provisions of the Insurance Code.
(6)
Notice of Insurance Commissioner
				  action.
The Insurance Commissioner shall indicate action taken through
				  the System for Electronic Rate and Form Filing (SERFF). Nothing in this section
				  shall preclude the Insurance Commissioner from the use of other forms of
				  communication to secure information from the filing entity.
(7)
Property and casualty
				  insurance.
This section does not apply to Property and Casualty filings
				  and such filings shall be made in accordance with the applicable provisions of
				  the Insurance Code and Rules of the Insurance Commissioner.
(8)
Filing form and content.
All
				  filings shall contain the following:
(A) The
				  name of the filing entity and complete mailing address to which correspondence
				  shall be sent.
(B) A brief
				  description of the content and context of the filing.
(C) A list or index of the forms filed or
				  attached thereto including the form numbers and edition date, if
				  applicable.
(D) A complete
				  description and full explanation of the changes made by the filing including
				  the reasoning therefore; illustrative examples, including "John Doe" specimen
				  form; and a comparison of currently approved and proposed materials (side by
				  side comparison or marked copy).
(E) A concise statement to identify the form
				  to be replaced by the filing including the approval date in this jurisdiction
				  and the identifying filing number of the filing containing the form to be
				  replaced as assigned by the Insurance Department.
(F) If a form is being withdrawn or amended
				  due to court decisions in any jurisdiction, the filing entity shall furnish the
				  legal citation, and if from another jurisdiction, a copy of such decision or
				  opinion with its filing.
(G) If a
				  form is being withdrawn or amended due to a federal law or regulation of a
				  federal agency, the filing entity shall furnish the legal citation of the
				  pertinent provisions.
(9)
Withdrawal of pending
				  filings.
Pending filings may be withdrawn by the filing entity upon
				  notice to the Insurance Commissioner prior to the approval or disapproval
				  thereof. The notice shall include the reason for the withdrawal.
(10)
Duration of filings.
All
				  filings are in effect until withdrawn or amended by the insurer, with approval
				  of the Insurance Commissioner or until abrogated by the Insurance
				  Commissioner.
(11)
Group
				  filings.
Where filings are made on behalf of more than one insurer, the
				  filing shall list the insurer or insurers by individual name and not by Company
				  group.
(12)
Resubmittal of
				  filings.
All resubmissions of disapproved or rejected filings shall be
				  presented to the Insurance Commissioner in the same manner as required by this
				  section for an original filing. In addition the cover letter or completed
				  transmittal forms addressed to the Insurance Commissioner shall state the full
				  and complete history of the filing, the reason for disapproval or rejection,
				  and the factors which distinguish the resubmittal so it warrants
				  reconsideration.
(13)
Retroactive filings.
The Insurance Commissioner has no authority
				  to and shall not approve filings proposing a retroactive effective date except
				  in cases of a filing correcting an error in a previously approved filing and in
				  cases where required or necessitated by Statute or regulation of a federal or
				  state agency.
(14)
Delivery
				  of policy to insured.
In any instance whereby a policy of insurance is
				  effected the insured hall be furnished with either:
(A) The original policy;
(B) A copy of the original policy or a
				  duplicate policy with ten point or larger type, which, at the insured's
				  election, may be delivered to the insured electronically; or
(C) A certificate including provisions and
				  conditions of the original policy printed with ten point or larger
				  type.
(15)
Coverage elimination after policy issuance.
Any endorsement which
				  eliminates or restricts coverage and which is issued during the policy term
				  shall be identified as accepted by the policy holder, by the signature of the
				  policy holder thereon, and a signed copy (original, computer generated or
				  microfilm) of such endorsement shall be retained in the files of the insurer
				  for one year after the expiration of the policy. Evidence of policyholder
				  acceptance is not required if the change effected by the endorsement is
				  mandated by applicable law.