0 chapters · 2,025 sections in this title.
36 O.S. § 6207 Insurance adjuster or public adjuster
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A. The Commissioner may issue a license to an insurance adjuster or a public adjuster in accordance with the provisions of the Insurance Adjusters Licensing Act. B. A firm, association, company, or corporation shall be licensed only as an adjuster. In the case of a firm each gene…
36 O.S. § 6208 Examination - Exemptions
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A. Each applicant for a license as an adjuster shall, prior to issuance of said license, personally take and pass, to the satisfaction of the Commissioner, an examination approved by the Commissioner as a test of the qualifications and competency of the applicant. B. The requirem…
36 O.S. § 6209 Scope of examination - Classes of insurance - Study
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manual. A. Each examination for a license as an adjuster shall be prescribed by the Commissioner and shall be of sufficient scope to reasonably test the knowledge of the applicant as to the kinds of insurance contracts which may be dealt with in accordance with the license applie…
36 O.S. § 621 Service of legal process on foreign or alien insurers
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A. Each authorized foreign or alien insurer shall appoint the Insurance Commissioner as its agent to receive service of legal process, other than a subpoena, issued against it in this state upon any cause of action arising from its transaction of business in this state. The appoi…
36 O.S. § 6210 Supervision of examination - Time and place - Waiting
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period. A. The answers of the applicant to any examination for licensing as an adjuster shall be written by the applicant under supervision of the Insurance Commissioner or an administrator approved by the Insurance Commissioner. B. Examination for licensing shall be at such reas…
36 O.S. § 6211 Form of license - Contents
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The license of an adjuster shall be in a form prescribed by the Insurance Commissioner. The license shall contain: 1. The name and mailing address of the adjuster; 2. Indication as to whether the adjuster is licensed as an insurance adjuster or as a public adjuster; 3. The date o…
36 O.S. § 6212 Fees - Notification of change of name, address, or e-mail
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address. A. The Insurance Commissioner or an administrator approved by the Insurance Commissioner shall collect a fee of Twenty Dollars ($20.00) for an examination for an adjuster's license in any of the following single classes of business. The fee for any examination which incl…
36 O.S. § 6213 Repealed by Laws 2009, c. 432, § 27, eff. July 1, 2009
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36 O.S. § 6213 Repealed by Laws 2009, c. 432, § 27, eff. July 1, 2009
36 O.S. § 6214 Bond of public adjuster
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A. Prior to the issuance of a license as a public adjuster or any renewal of the license, the applicant shall file with the Commissioner a surety bond in favor of the people of the State of Oklahoma, executed by a surety company authorized to do business in the state, in the amou…
36 O.S. § 6215 Place of business
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Every licensed adjuster residing in this state shall have and maintain in this state a place of business accessible to the public. Said place of business shall be located where the adjuster principally conducts transactions in accordance with his or her license. Added by Laws 197…
36 O.S. § 6216 Powers of adjuster; Current license required for claim
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referral. A. An adjuster shall have authority in accordance with his license only to investigate or report to his principal upon claims on behalf of insurers if the adjuster is licensed as an insurance adjuster, or on behalf of insured if licensed as a public adjuster. This limit…
36 O.S. § 6216.1 Payment of claim to public adjuster - Insured as joint
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payee. No insurance company authorized to transact insurance in this state shall make payment of any insurance claim, or any portion of a claim, to a public adjuster on account of services rendered by a public adjuster to an insured unless the name of the insured is added as a jo…
36 O.S. § 6216.2 Contract for services of public adjuster -
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Cancellation. A. The insured has the right to cancel any compensation agreement entered into with a licensed public adjuster until midnight of the third business day after the day on which the signed agreement was provided to the insured. B. Cancellation occurs when the insured g…
36 O.S. § 6217 Term of license - Continuing education - Rules - Renewals
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of license - Provider fee. A. All licenses issued pursuant to the provisions of the Insurance Adjusters Licensing Act shall continue in force not longer than twenty-four (24) months. The renewal dates for the licenses may be staggered throughout the year by notifying licensees in…
36 O.S. § 6218 Catastrophes
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A. In the event of a catastrophe, the Insurance Commission may declare an emergency to exist, and in the event of such a declaration, the Commissioner may issue a license as an emergency adjuster to any resident or nonresident applicant. Such declaration of emergency may be made …
36 O.S. § 6219 Initial license; grounds for refusal
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The Commissioner may refuse to issue an initial license for any of the causes set out in Section 6220 of this title, failure to pass the required examination, or prior revocation of an adjuster's license in this state or in any other state. Amended by Laws 1983, c. 129, § 18, eff…
36 O.S. § 622 Manner of service of process
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A. Triplicate copies of legal process against an insurer for whom the Insurance Commissioner is agent shall be served upon the Commissioner at the principal offices of the Insurance Department. When legal process against an insurer for whom the Insurance Commissioner is agent is …
36 O.S. § 6220 Suspension, revocation or refusal to renew license –
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Grounds - Civil penalties - Surrender of license - Reinstatement. A. The Commissioner may censure, suspend, revoke, or refuse to issue or renew a license pursuant to the Insurance Adjusters Licensing Act, levy a civil penalty in accordance with subsection B of this section, or an…
36 O.S. § 6220.1 Prohibition on pecuniary interest in construction
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businesses - Penalties - Exceptions. A. No adjuster may, directly or indirectly, own or have a pecuniary interest in any business entity which provides construction or reconstruction related services on behalf of an insurance claimant or insured for which the adjuster is providin…
36 O.S. § 6221 Repealed by Laws 2021, c. 478, § 42, emerg. eff. May 12
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2021.
36 O.S. § 6222 Report of administration actions against adjusters
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A. An adjuster shall report to the Insurance Commissioner any administrative action taken against the adjuster in another jurisdiction or by another governmental agency in this state within thirty (30) days of the final disposition of the matter. This report shall include a copy …
36 O.S. § 6223 Public adjuster responsibilities
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A. A public adjuster shall not misrepresent to a claimant that the public adjuster is an adjuster representing an insurer in any capacity, including acting as an employee of the insurer or acting as an independent adjuster. B. No public adjuster shall split any commission, servic…
36 O.S. § 6224 Public insurance adjuster – Total commission payable
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Under any method of compensation, the total commission payable to a public insurance adjuster, including expenses, direct costs, or any other costs accrued by the public insurance adjuster, shall not exceed ten percent (10%) of the amount of the insurance settlement when adjustin…
36 O.S. § 623 Repealed by Laws 1997, c. 418, § 125, eff. Nov. 1, 1997
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36 O.S. § 623 Repealed by Laws 1997, c. 418, § 125, eff. Nov. 1, 1997
36 O.S. § 624 Report of premiums, fees and taxes - Payment - Penalties
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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…
36 O.S. § 624.1 Tax credit for taxes paid by domestic insurer in foreign
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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…
36 O.S. § 624.2 Refund of erroneously paid premium tax – Filing – Demand
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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…
36 O.S. § 624.3 Refund of adverse economically targeted and home office
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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…
36 O.S. § 625 Credit against tax by investment in Oklahoma securities
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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…
36 O.S. § 625.1 Premium tax credit
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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…
36 O.S. § 625.2 Premium tax credit - Applicable insurers
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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…
36 O.S. § 625.3 Insurance companies - Home office - Tax credit
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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…
36 O.S. § 625.4 Credit against premium tax
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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…
36 O.S. § 626 Collection proceedings
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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…
36 O.S. § 627 Repealed by Laws 2005, c. 129, § 26, eff. Nov. 1, 2005
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36 O.S. § 627 Repealed by Laws 2005, c. 129, § 26, eff. Nov. 1, 2005
36 O.S. § 628 Retaliation
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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,…
36 O.S. § 629 Estimate and prepayment of premium tax - Crediting
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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…
36 O.S. § 630 Failure to make payments timely - Penalties
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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…
36 O.S. § 6301 Short title
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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.
36 O.S. § 6302 Definitions
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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…
36 O.S. § 6303 Release of relevant information - Information included
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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…
36 O.S. § 6304 Immunity
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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…
36 O.S. § 6305 Confidentiality of information - Witnesses
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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…
36 O.S. § 6306 Violations - Penalties
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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…
36 O.S. § 631 Deposit of premium tax - Payments to Medicaid Contingency
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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…
36 O.S. § 632 Certain entities subject to jurisdiction of Insurance
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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, …
36 O.S. § 632.1 Home service contracts and home warranties not
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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.
36 O.S. § 633 MEWA defined - Information relating to administrative
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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…
36 O.S. § 634 Valid license required - Exempt entities
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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…
36 O.S. § 635 License eligibility requirements - Filing of contracts
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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…