Title 36, Title 36 — Insurance

A. Every insurance company, copartnership, insurance association, interinsurance exchange, person, insurer, nonprofit hospital service and medical indemnity corporation, or health maintenance organization doing business in this state in the execution or exchange of contracts of i…

state. If, by the laws of any state other than this state, or by the action of any public official of another state, any insurer or company, as defined in Section 624 of this Code, organized or domiciled in this state, shall be required to pay taxes for the privilege of doing bus…

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…

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 o…

A. If the annual statement of any insurance company or other entity taxed pursuant to the provisions of Section 624 of this title covering the period of time from January 1, 1988 through June 30, 1988, shows it to have investments at the close of said period of time in Oklahoma s…

A. A foreign or alien insurer which is subject to the tax imposed by Section 624 of this title shall be entitled to a credit against said tax actually paid to and placed in the General Revenue Fund of the state, not including any of said tax monies placed in pension funds and not…

A. Except as provided by subsection B of this section, the tax credits set forth in Section 625.1 of this title 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 em…

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 cre…

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 t…

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…

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,…

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…

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, unt…

This act shall be known and may be cited as the "Arson and Theft Reporting Immunity Act". Laws 1979, c. 147, § 1; Laws 1993, c. 223, § 1, eff. Sept. 1, 1993.

As used in this act: 1. Authorized agencies include: a. the State Fire Marshal and the marshal or head of any county or local fire or theft investigatory agency, b. the Director of the State Bureau of Investigation, c. the district attorney in the county where the fire or theft o…

A. Any authorized agency may by written request require an insurance company to release to the authorized agency any relevant information or evidence which the company may have in its possession, relating to a fire or theft loss under investigation by such agency. Relevant inform…

Any insurance company or person acting in its behalf, or any authorized agency who, in good faith and without actual malice toward the insured, releases oral or written information pursuant to this act shall be immune from any liability arising out of a civil action or penalty re…

A. Any authorized agency or insurance company who receives any information furnished pursuant to this act shall hold the information in confidence until such time as its release is required by law, or required pursuant to a criminal or civil proceeding. B. The agents or employees…

Any insurer who intentionally or knowingly refuses to release, provide or hold in confidence any information required by this act to be released, provided, or held in confidence is guilty of a misdemeanor, and upon conviction shall be punished by a fine not to exceed One Thousand…

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…

Commissioner and Oklahoma Insurance Code - Exemptions. A. Unless otherwise provided for by law or exempted by the provisions of this section, any person or other entity which provides coverage in this state for medical, surgical, chiropractic, physical therapy, speech pathology, …

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.

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 foll…

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 provi…

A. To meet the requirements for issuance of a license and to maintain a MEWA, a MEWA must be nonprofit and either: 1. a. established by a trade association, industry association or professional association of employers or professionals that has a constitution or bylaws and that h…

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. Add…

Each MEWA shall file with the Insurance Commissioner an application for a license on a form prescribed by the Commissioner and signed under oath by officers of the association or the administrator of the MEWA. The application shall include or have attached the following: 1. A cop…

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, …

Quarterly financial statements - Penalties. A. Every MEWA shall, within ninety (90) days after the end of each fiscal year of the MEWA, or within any such extension of time that the Insurance Commissioner for good cause grants, file a report with the Commissioner, on forms accept…

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 practice…

As a condition of doing business in the State of Oklahoma, any insurer duly licensed in Oklahoma and who, on the effective date of this act, is writing custom harvesting insurance in any state in the United States or who has written such insurance in the State of Oklahoma within …

The rates for such custom harvesting insurance shall be those rates on file with the Insurance Commissioner on May 15, 1986, or if such rates are not on file and need to be submitted or filed with the Insurance Commissioner. Added by Laws 1986, c. 181, § 2, emerg. eff. May 15, 19…

Failure of any insurer to comply with Section 6401 et seq. of this title may subject the insurer at the discretion of the Insurance Commissioner, after notice and opportunity for hearing, to penalties of censure, suspension or revocation of certification of authority or a civil p…

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.

Sections 44 through 55 of this act shall constitute a part of the Oklahoma Insurance Code and shall be known and may be cited as the "Market Assistance Association Act". Added by Laws 1986, c. 251, § 44, emerg. eff. June 13, 1986.

There is hereby created a Market Assistance Association to assist in the placement of homeowners' and liability insurance coverage for residents of this state. The Market Assistance Association is not a carrier capable of assuming insurance risks. While it is believed that the As…

As used in the Market Assistance Association Act: 1. "Association" means the Market Assistance Association established pursuant to this act; 2. "Board" means the Board of Directors of the Market Assistance Association; 3. "Commissioner" means the Insurance Commissioner; 4. "Insur…

of operation - Insurer's financial liability - Termination of membership. A. The Association created pursuant to the Market Assistance Association Act shall have the power on behalf of its members to: 1. Require members to issue policies of insurance to applicants, subject to lim…

Meetings - Approval of selections - Compensation. A. The business and functions of the Association shall be managed and administered by a Board of eight (8) directors composed of four directors representing Association members, two directors who are representatives of Oklahoma do…

There shall be no liability on the part of, and no cause of action of any nature shall arise against the Insurance Commissioner or his staff, the Association, its agents or employees, an insurer, any licensed agent, or the board of directors or its authorized representatives for …

to members. A. The Association shall submit to the Insurance Commissioner, annually, from the date of its inception, a statement prepared by an independent certified public accountant which shall contain information with respect to its transactions, condition, operations, and aff…

insurance. Each member insurer shall use the filed rate for the homeowners' liability and homeowners' insurance being written. Any variance from such rate, including a variance based upon debit, shall be submitted or filed with the Insurance Commissioner. Added by Laws 1986, c. 2…

The Commissioner may adopt any rules and regulations necessary for the implementation, administration or furtherance of the provisions of the Market Assistance Association Act. Added by Laws 1986, c. 251, § 52, emerg. eff. June 13, 1986.

Market Assistance Association. Property and casualty insurance companies licensed to transact insurance in the State of Oklahoma are hereby authorized to create and operate a Voluntary Market Assistance Association under the auspices of the Commissioner of Insurance. In the event…

If at any time after the provisions of this act are implemented, either by voluntary plan or as otherwise provided for herein, the State Insurance Commissioner would determine by written order that there was no further need for such Association, then the same would be dissolved. …

Members of the Market Assistance Association, whether a voluntary or statutory program, shall be required to participate in all assessments and writings of the Association. Failure to participate shall, after notice and opportunity for hearing before the Insurance Commissioner, r…

Sections 1 through 18 of this act shall be a part of the Insurance Code and shall be known as the Oklahoma Risk Retention Act. Added by Laws 1987, c. 157, § 1, emerg. eff. June 25, 1987.

The Oklahoma Risk Retention Act shall regulate the formation and operation of risk retention groups in this state formed pursuant to the provisions of the federal Liability Risk Retention Act of 1986. Added by Laws 1987, c. 157, § 2, emerg. eff. June 25, 1987.

As used in the Oklahoma Risk Retention Act: 1. "Commissioner" means the Insurance Commissioner of this state or the Commissioner, Director, or Superintendent of insurance in any other state; 2. "Completed operations liability" means liability arising out of the installation, main…

A. 1. A risk retention group seeking to be chartered for domicile in this state shall be chartered and licensed only to write liability insurance pursuant to the insurance laws of this state and, except as provided elsewhere in the Oklahoma Risk Retention Act, shall comply with a…