0 chapters · 2,025 sections in this title.
36 O.S. § 1508 Reserves for accident and health insurance
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For all accident and health policies the insurer shall maintain an active life reserve which shall place a sound value on its liabilities under such policies and which shall not be less than the reserve according to the standards set forth in regulations issued by the Commissione…
36 O.S. § 1509 Increase of inadequate reserves - Present value
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discounting - Annual actuarial opinions - Investment limitations - Unusual dividend or benefit payments. A. If the Insurance Commissioner determines in writing that an insurer's unearned premium reserve, however computed, is inadequate, the Commissioner may require the insurer to…
36 O.S. § 1509.1 Confidentiality of information
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All work papers, recorded information, documents and copies of materials associated with, produced, obtained by or disclosed to the Insurance Commissioner or any other person in the course of review or analysis pursuant to Sections 1801 through 1938 of this title shall be given c…
36 O.S. § 1510 Definitions - Valuation law - Life - Exemption -
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Conflict. A. Definitions. For the purposes of this section the following definitions shall apply on or after the operative date of the valuation manual: 1. "Accident and health insurance" means contracts that incorporate morbidity risk and provide protection against economic loss…
36 O.S. § 1511 Valuation of bonds
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A. All bonds or other evidences of debt having a fixed term and rate of interest held by any insurer may, if amply secured and not in default as to principal or interest, be valued as follows: 1. If purchased at par, at the par value. 2. If purchased above or below par, on the ba…
36 O.S. § 1512 Valuation of other securities
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A. Securities, other than those referred to in Section 1511 of this article, held by an insurer shall be valued, in the discretion of the Insurance Commissioner, at their market value, or at true book value, all consistent with any current method for the valuation of any such sec…
36 O.S. § 1513 Valuation of real property - Improvements
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A. Real property acquired pursuant to a mortgage loan or contract for sale shall not be valued at an amount greater than the unpaid principal of the defaulted loan or contract at the date of such acquisition, together with any taxes and expenses paid or incurred in connection wit…
36 O.S. § 1514 Valuation of purchase money mortgages
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Purchase money mortgages on real property referred to in subsection A of Section 1513 of this article shall be valued in an amount not exceeding the acquisition cost of the real property covered thereby or ninety percent (90%) of the fair value of such real property, whichever is…
36 O.S. § 1515 Information for valuation of securities
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It shall be the duty of every domestic insurance company holding securities valued under Sections 1511 or 1512 which do not have an established market value to furnish the Commissioner of Insurance, within thirty (30) days of his request, sufficient financial information concerni…
36 O.S. § 1521 Short title
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This act shall be known and may be cited as the "Risk-based Capital for Insurers Act". Added by Laws 1997, c. 229, § 2, eff. July 1, 1997.
36 O.S. § 1522 Definitions
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As used in this act: 1. "Adjusted RBC Report" means an RBC report which has been adjusted by the Insurance Commissioner in accordance with subsection D of Section 1523 of this title; 2. "Corrective order" means an order issued by the Commissioner specifying corrective actions whi…
36 O.S. § 1523 Annual risk-based capital report - Factors - Adjustment
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of inaccurate reports. A. Every domestic insurer shall, on or prior to each March 1, which shall be known as the filing date, prepare and submit to the Insurance Commissioner a report of its RBC Levels as of the end of the calendar year just ended, in a form and containing such i…
36 O.S. § 1524 Company Action Level Event
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A. "Company Action Level Event" means any of the following events: 1. The filing of an RBC Report by an insurer which indicates that: a. the insurer's Total Adjusted Capital is greater than or equal to its Regulatory Action Level RBC but less than its Company Action Level RBC, b.…
36 O.S. § 1525 Regulatory Action Level Event
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A. "Regulatory Action Level Event" means, with respect to any insurer, any of the following events: 1. The filing of an RBC Report by the insurer which indicates that the insurer's Total Adjusted Capital is greater than or equal to its Authorized Control Level RBC but less than i…
36 O.S. § 1526 Authorized Control Level Event
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A. "Authorized Control Level Event" means any of the following events: 1. The filing of an RBC Report by the insurer which indicates that the insurer's Total Adjusted Capital is greater than or equal to its Mandatory Control Level RBC but less than its Authorized Control Level RB…
36 O.S. § 1527 Mandatory Control Level Event
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A. "Mandatory Control Level Event" means any of the following events: 1. The filing of an RBC Report which indicates that the insurer's Total Adjusted Capital is less than its Mandatory Control Level RBC; 2. Notification by the Commissioner to the insurer of an Adjusted RBC Repor…
36 O.S. § 1528 Confidential departmental hearing
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The insurer shall have the right to an opportunity for a confidential departmental hearing, on the record, at which the insurer may challenge any determination or action by the Commissioner. The insurer shall notify the Commissioner of its request for a hearing within five (5) da…
36 O.S. § 1529 Confidentiality of RBC Reports and Plans
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A. RBC Reports and RBC Plans shall be kept confidential by the Insurance Commissioner. This information shall not be subject to subpoena. This information shall be made public by the Commissioner only for the purpose of enforcement actions taken by the Commissioner pursuant to th…
36 O.S. § 1530 Provisions of act supplemental – Promulgation of rules -
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Exemptions from act. A. The provisions of this act are supplemental to any other provisions of the laws of this state, and shall not preclude or limit any other powers or duties of the Insurance Commissioner under such laws, including, but not limited to, Article 18 or 19 of the …
36 O.S. § 1531 Foreign insurers
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A. 1. Any foreign insurer shall, upon the written request of the Insurance Commissioner, submit to the Commissioner an RBC Report as of the end of the calendar year just ended on a date which is the later of: a. the date an RBC Report would be required to be filed by a domestic i…
36 O.S. § 1532 Immunity for Commissioner and employees
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There shall be no liability on the part of, and no cause of action shall arise against, the Insurance Commissioner or the Insurance Department or its employees or agents for any action taken by them in the performance of their powers and duties under this act. Added by Laws 1997,…
36 O.S. § 1533 Notices to insurers - When effective
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All notices by the Insurance Commissioner to an insurer which may result in regulatory action hereunder shall be effective upon dispatch if transmitted by registered or certified mail, or in the case of any other transmission shall be effective upon the insurer's receipt of such …
36 O.S. § 1534 Purpose of act
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A. The purpose of this act is to: 1. Provide the Commissioner of the Oklahoma Insurance Department a summary of an insurer or insurance group's corporate governance structure, policies and practices to permit the Commissioner to gain and maintain an understanding of the insurer's…
36 O.S. § 1535 Definitions
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As used in this act: 1. "Commissioner" means the Insurance Commissioner of this state; 2. "Corporate Governance Annual Disclosure (CGAD)" means a confidential report filed by the insurer or insurance group made in accordance with the requirements of this act; 3. "Insurance group"…
36 O.S. § 1536 Corporate Governance Annual Disclosure (CGAD)
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A. An insurer or the insurance group of which the insurer is a member shall, no later than June 1 of each calendar year, submit to the Insurance Commissioner a Corporate Governance Annual Disclosure (CGAD) that contains the information described in Section 4 of this act. Notwiths…
36 O.S. § 1537 Discretion of insurer or insurance group over responses
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A. The insurer or insurance group shall have discretion over the responses to the Corporate Governance Annual Disclosure (CGAD) inquiries, provided the CGAD shall contain the material information necessary to permit the Insurance Commissioner to gain an understanding of the insur…
36 O.S. § 1538 Confidentiality and privilege
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A. Documents, materials or other information including the Corporate Governance Annual Disclosure (CGAD), in the possession or control of the Oklahoma Insurance Department that is obtained by, created by or disclosed to the Insurance Commissioner or any other person under this ac…
36 O.S. § 1539 Third-party consultants to assist the Commissioner in
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reviewing documents. A. The Insurance Commissioner may retain, at the insurer's expense, third-party consultants, including attorneys, actuaries, accountants and other experts not otherwise a part of the Commissioner's staff as may be reasonably necessary to assist the Commission…
36 O.S. § 1540 Failure to timely file
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Any insurer failing, without just cause, to timely file the Corporate Governance Annual Disclosure (CGAD) as required in this act shall be required, after notice and hearing, to pay a penalty of One Hundred Dollars ($100.00) for each day's delay, to be recovered by the Insurance …
36 O.S. § 1541 Promulgation of rules
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The Insurance Commissioner may, upon notice and opportunity for all interested persons to be heard, issue such rules and orders as shall be necessary to carry out the provisions of this act. Added by Laws 2019, c. 345, § 8, eff. Nov. 1, 2019.
36 O.S. § 1601 Scope of article
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Except as to Sections 1624 and 1625 and subdivision A of Section 1606 hereof, this article applies to domestic insurers only. This article shall apply to domestic title insurers except as provided in Article 50 (Title Insurers). Laws 1957, p. 285, § 1601.
36 O.S. § 1602 Eligible investments
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A. Insurers shall invest in or loan their funds on the security of, and shall hold as assets, only eligible investments as prescribed in this article. B. Any particular investment held by an insurer on the effective date of this Code or any amendment hereto, and which was a legal…
36 O.S. § 1603 Qualification of securities or property as eligible
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investments. A. No security or investment (other than property or shares acquired pursuant to Sections 1612, 1616 or 1624 of this article) shall be eligible for acquisition unless it is interest bearing or interest accruing or dividend or income paying, is not then in default in …
36 O.S. § 1604 Approval of investment
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No investment or loan shall be made by an insurer unless the same has been authorized or approved by the insurer's board of directors or by a committee or corporate officer authorized thereby and charged with the duty of supervising or making such investment or loan. The minutes …
36 O.S. § 1605 Investments in any one person
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An insurer shall not, except with the consent of the Insurance Commissioner, have at any one time any combination of checking account moneys, investments in or loans upon the security of the obligations, property, or securities of any one person, institution, corporation, or muni…
36 O.S. § 1606 Required capital investments
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After the effective date of this act, until an insurer authorized to transact business shall have assets of One Million Dollars ($1,000,000.00) or in the case of insurers authorized to transact business prior to the effective date of this act shall have assets in an amount equal …
36 O.S. § 1607 United States government obligations
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An insurer may invest any of its funds in: 1. Bonds or other evidences of indebtedness of the United States of America or of any of its agencies or instrumentalities when such obligations are guaranteed as to principal and interest by the United States of America or any agency or…
36 O.S. § 1608 State, district or Canadian obligations
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An insurer may invest in bonds, notes, warrants and other securities not in default which are the direct obligations of any state of the United States or of the District of Columbia, or of the government of Canada or any province thereof, or for which the full faith and credit of…
36 O.S. § 1609 County, district, city, school district or Canadian
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obligations. An insurer may invest in bonds, notes, warrants and other securities not in default of any county, district, incorporated city, or school district in any state of the United States, or the District of Columbia, or in any province of Canada, which are the direct oblig…
36 O.S. § 1610 Public structure or improvement obligations
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An insurer may invest in bonds, notes, certificates of indebtedness, warrants, or other evidences of indebtedness, which are payable from revenues or earnings specifically pledged therefor of any public structure or improvement owned by any state, incorporated city, or legally-co…
36 O.S. § 1611 Obligations payable from public utility revenues
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An insurer may invest in the bonds, notes, certificates of indebtedness, warrants, or other evidences of indebtedness which are valid obligations issued, assumed, or guaranteed by the United States or any state thereof or by any county, municipal corporation, district, or politic…
36 O.S. § 1612 Repealed by Laws 2004, c. 334, § 42, emerg. eff. May 25
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2004.
36 O.S. § 1612.1 Repealed by Laws 2021, c. 478, § 42, emerg. eff. May
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12, 2021.
36 O.S. § 1613 Acceptances and bill of exchange
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An insurer may invest in bank and bankers' acceptances and other bills of exchange of the kind and maturity made eligible pursuant to law for purchase in the open market by federal reserve banks. Laws 1957, p. 287, § 1613.
36 O.S. § 1614 Corporate obligations
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A. An insurer may invest in bonds, debentures, notes and other evidences of indebtedness issued, assumed or guaranteed by any solvent institutions created or existing under the laws of the United States or of any state, district or territory thereof, which are not in default as t…
36 O.S. § 1615 Preferred or guaranteed stock
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An insurer may invest in preferred or guaranteed stocks or shares of any solvent institution created or existing under the laws of the United States or of any state, district or territory thereof, if such stock and all of the prior obligations and prior preferred stocks, if any, …
36 O.S. § 1616 Limitations on investments in corporate securities
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A. Except with the consent of the Insurance Commissioner, no domestic life insurer shall, in addition to other investments permitted by this article, invest an amount equal in the aggregate to more than ten percent (10%) of its assets, or in the case of a domestic nonlife insurer…
36 O.S. § 1617 Equipment trust certificates
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An insurer may invest in equipment trust obligations or certificates which in the opinion of the Insurance Commissioner are adequately secured, or other instruments so secured and evidencing an interest in transportation equipment, wholly or in part within the United States, whic…
36 O.S. § 1618 Obligations of receivers or trustees; investments not
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otherwise authorized; limitations. A. An insurer may invest in certificates, notes or other obligations issued by trustees or receivers of any institution created or existing under the laws of the United States or of any state, district or territory thereof, which, or the assets …
36 O.S. § 1619 Policy loans
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A life insurer may lend to its policyholder upon pledge of the policy as collateral security a sum not exceeding the applicable cash surrender value specified in the policy. Laws 1957, p. 289, § 1619.