Title 36 — Title 36 — Insurance

provisions - Life insurance. A. Definitions. The term "operative date of the valuation manual" means the January 1 of the first calendar year that the valuation manual, as defined in the Section 1510 of this title, is effective. B. No policy of life insurance, except as set forth…

A. Whenever the Insurance Commissioner has reason to believe or it appears that any person has violated subsection A of Section 2 of this act, the Insurance Commissioner may: 1. Revoke any license or registration issued or approved by the Insurance Commissioner; 2. Issue an ex pa…

policies and annuity contracts. A. Except as may be otherwise approved by the Insurance Commissioner, no single premium policy of life insurance or single premium annuity contract shall be delivered or issued for delivery in Oklahoma for a consideration other than cash, cashier's…

claimant - Interest on proceeds - Payment of proceeds - Time - Exemptions. A. Within ten (10) days after an insurer receives written notification of the death of a person covered by a policy of life insurance, the insurer shall provide to the claimant the necessary forms to be co…

A contract that does not provide cash surrender benefits or does not provide death benefits at least equal to the minimum nonforfeiture amount prior to the commencement of any annuity payments shall include a statement in a prominent place in the contract that such benefits are n…

fixed scheduled considerations. Any paid-up annuity, cash surrender or death benefits available at any time, other than on the contract anniversary under any contract with fixed scheduled considerations, shall be calculated with allowance for the lapse of time and the payment of …

providing both annuity and life insurance benefits. For a contract which provides, within the same contract by rider or supplemental contract provision, both annuity benefits and life insurance benefits that are in excess of the greater of cash surrender benefits or a return of t…

Beginning November 1, 2004, a company may elect to apply its provisions to annuity contracts filed and approved before November 1, 2004, on a form-by-contract-form basis. Annuity contracts filed for approval and to be issued on or before November 1, 2004, must comply with the pro…

Sections 4030.2 through 4030.13 of this title shall be known and may be cited as the “Standard Nonforfeiture Law for Individual Deferred Annuities”. Added by Laws 2000, c. 353, § 16, eff. Nov. 1, 2000. Amended by Laws 2004, c. 274, § 12, eff. July 1, 2004.

This act shall not apply to any reinsurance, group annuity purchased under a retirement plan or plan of deferred compensation established or maintained by an employer (including a partnership or sole proprietorship) or by an employee organization, or by both, other than a plan pr…

Commissioner - Conditions for termination of contracts. A. In the case of contracts issued on or after November 1, 2000, except as provided in Section 4030.3 of this title, no contract of annuity, except as stated in Section 4030.13 of this title, shall be delivered or issued for…

A. The minimum values as specified in Sections 4030.6, 4030.7, 4030.8, 4030.9 and 4030.11 of this title, of any paid-up annuity, cash surrender or death benefits available under an annuity contract shall be based upon minimum nonforfeiture amounts as defined in this section. B. 1…

Any paid-up annuity benefit available under a contract shall be such that its present value on the date annuity payments are to commence is at least equal to the minimum nonforfeiture amount on that date. Present value shall be computed using the mortality table, if any, and the …

For contracts that provide cash surrender benefits, the cash surrender benefits available prior to maturity shall not be less than the present value as of the date of surrender of that portion of the maturity value of the paid-up annuity benefit that would be provided under the c…

nonforfeiture option. For contracts that do not provide cash surrender benefits, the present value of any paid-up annuity benefit available as a nonforfeiture option at any time prior to maturity shall not be less than the present value of that portion of the maturity value of th…

For the purpose of determining the benefits calculated under Sections 4030.7 and 4030.8 of this title for annuity contracts issued on or after November 1, 2013, the maturity date shall be deemed to be the latest date for which election shall be permitted by the contract, but shal…

Sections 1 through 8 of this act shall be known and may be cited as the "Life Insurance and Annuity Policyholders Protection Act". Added by Laws 1983, c. 80, § 1, eff. Nov. 1, 1983.

A. The provisions of the Life Insurance and Annuity Policyholders Protection Act shall apply to life insurance and annuity policies which cover residents of this state and which are solicited and issued by insurance corporations, fraternal benefit societies, associations, or othe…

As used in the Life Insurance and Annuity Policyholders Protection Act: 1. "Replacement" means any transaction in which a new life insurance policy or a new annuity policy is to be purchased, and it is known or should be known by the proposing agent, or by the proposing insurer i…

Replacement policy. A. Every insurer operating in this state shall inform its agents of the provisions of this section. B. Every agent shall secure with or as a part of each application for insurance a statement as to whether the new insurance policy or annuity policy will replac…

insurance or annuity. The notice referred to in the Life Insurance and Annuity Policyholders Protection Act shall be delivered to the applicant for a replacement life insurance policy or a replacement annuity policy. The legal name and address of the replacing insurer may be prin…

replacement to replaced insurer. The statement referred to in the Life Insurance and Annuity Policyholders Protection Act shall be delivered to the applicant for a replacement life insurance policy or a replacement annuity policy along with the notice provided for in Section 5 of…

life insurance policy or annuity. The following definitions shall be on a form prepared by the insurer and shall be delivered to the applicant for a replacement life insurance policy or a replacement annuity policy along with the notice and statement provided for in Sections 4035…

Violation of any provision of the Life Insurance and Annuity Policyholders Protection Act may result in censure, suspension, or revocation of the insurance license or certificate or a fine of no more than One Thousand Dollars ($1,000.00) per incident, or both. Added by Laws 1983,…

Any one of the following acts in this state affected by mail or otherwise is defined to be doing the business of insurance in this state: 1. The making of or proposing to make, as an insurer, an insurance contract; 2. The making of or proposing to make, as guarantor or surety, an…

36 O.S. § 4041 Repealed by Laws 2008, c. 183, § 19, eff. Nov. 1, 2008

36 O.S. § 4042 Repealed by Laws 2008, c. 183, § 19, eff. Nov. 1, 2008

36 O.S. § 4043 Repealed by Laws 2008, c. 183, § 19, eff. Nov. 1, 2008

36 O.S. § 4044 Repealed by Laws 2008, c. 183, § 19, eff. Nov. 1, 2008

36 O.S. § 4045 Repealed by Laws 2008, c. 183, § 19, eff. Nov. 1, 2008

36 O.S. § 4046 Repealed by Laws 2008, c. 183, § 19, eff. Nov. 1, 2008

36 O.S. § 4046.1 Repealed by Laws 2008, c. 183, § 19, eff. Nov. 1, 2008

36 O.S. § 4047 Repealed by Laws 2008, c. 183, § 19, eff. Nov. 1, 2008

36 O.S. § 4048 Repealed by Laws 2008, c. 183, § 19, eff. Nov. 1, 2008

36 O.S. § 4048.1 Repealed by Laws 2008, c. 183, § 19, eff. Nov. 1, 2008

36 O.S. § 4049 Repealed by Laws 2008, c. 183, § 19, eff. Nov. 1, 2008

review - Attorneys fees. A. On issuance of an emergency cease and desist order under Section 3 of this act, the Insurance Commissioner shall serve on the person affected by the order, by registered or certified mail, return receipt requested, to the person's last-known address, o…

36 O.S. § 4050 Repealed by Laws 2008, c. 183, § 19, eff. Nov. 1, 2008

36 O.S. § 4051 Repealed by Laws 2008, c. 183, § 19, eff. Nov. 1, 2008

36 O.S. § 4051.1 Repealed by Laws 2008, c. 183, § 19, eff. Nov. 1, 2008

36 O.S. § 4051.2 Repealed by Laws 2008, c. 183, § 19, eff. Nov. 1, 2008

36 O.S. § 4052 Repealed by Laws 2008, c. 183, § 19, eff. Nov. 1, 2008

Sections 1 through 17 of this act shall be known and may be cited as the “Viatical Settlements Act of 2008”. Added by Laws 2008, c. 183, § 1, eff. Nov. 1, 2008.

policy or certificate - Requests for verification of coverage or transfer of policy. A. It is a violation of the Viatical Settlements Act of 2008 for any person to enter into a viatical settlement contract at any time prior to the application or issuance of a policy which is the …

advertising - "Free" insurance - Additional consideration - Emphasis on settling policy prohibited. A. With respect to any viatical settlement contract or insurance policy, no viatical settlement broker knowingly shall solicit an offer from, effectuate a viatical settlement with …

Guidelines and standards. A. The purpose of this section is to provide prospective viators with clear and unambiguous statements in the advertisement of viatical settlements and to assure the clear, truthful and adequate disclosure of the benefits, risks, limitations and exclusio…

information on fraudulent acts - Liability - Antifraud initiatives. A. 1. A person shall not commit a fraudulent viatical settlement act. 2. A person shall not knowingly or intentionally interfere with the enforcement of the provisions of the Viatical Settlements Act of 2008 or i…

Civil and criminal penalties. A. In addition to the penalties and other enforcement provisions of the Viatical Settlements Act of 2008, if any person violates the Viatical Settlements Act of 2008 or any regulation implementing the Viatical Settlements Act of 2008, the Insurance C…

A violation of the Viatical Settlements Act of 2008, including the commission of a fraudulent viatical settlement act, shall be considered a deceptive trade practice under Sections 1201 through 1219 of Title 36 of the Oklahoma Statutes subject to the penalties contained in those …

The Insurance Commissioner shall have the authority to: 1. Promulgate regulations implementing the Viatical Settlements Act of 2008; 2. Establish standards for evaluating reasonableness of payments under viatical settlement contracts for persons who are terminally or chronically …