0 chapters · 2,025 sections in this title.
36 O.S. § 115 Particular provisions prevail
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Provisions of this Code relative to a particular kind of insurance or a particular type of insurer or to a particular matter shall prevail over provisions relating to insurance in general or insurers in general or to such matter in general. Laws 1957, p. 217, § 115.
36 O.S. § 1161 Definitions
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As used in this act: 1. “Adverse tier placement” means being subject to the rates of any tier with less coverage or higher premiums than the tier within which the insured is currently insured; 2. “Federal government-sponsored health insurance program” means the TriCare program pr…
36 O.S. § 1162 Reinstatement into individual health plan coverage -
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Right to request - Time - Written notice. A. No Oklahoma resident activated for military service, and no spouse or any dependents of such a resident who become eligible for a federal government-sponsored health insurance program as a result of such activation, shall be denied rei…
36 O.S. § 1163 Exclusion from application for certain policies or
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coverage certificates. The provisions of Section 40 of this act and amendments thereto shall not apply to any policy or certificate providing coverage for any specified disease, specified accident or accident-only coverage, credit, dental, disability income, hospital indemnity, l…
36 O.S. § 1164 Exclusion from application for certain unmet terms
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conditions and limitations. A. Nothing herein shall require a health plan to reinstate such resident if the health plan requires residency in an enrollment area and those residency requirements are not met after deactivation or loss of coverage under the federal government-sponso…
36 O.S. § 1165 Participation in employer sponsored health plan - Retired
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military employees. No employer shall require any employee who is retired from a branch of the United States military and has been provided with health coverage through a federal plan to participate in employer- sponsored health insurance coverage if the health insurance coverage…
36 O.S. § 117 General penalty
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In addition to any other penalty which may be applicable thereto, either under this Code or otherwise, violation of any provision of this Code shall constitute a misdemeanor and shall be punishable as such where no greater penalty is provided therefor. Laws 1957, p. 217, § 117.
36 O.S. § 1201 Declaration of purpose
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The purpose of this article is to regulate trade practices in the business of insurance in accordance with the intent of Congress as expressed in the Act of Congress of March 9, 1945 (Public Law 15, 79th Congress), by defining, or providing for the determination of, all such prac…
36 O.S. § 1202 Definitions
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When used in this article: 1. “Person” shall mean any individual, corporation, association, partnership, reciprocal exchange, inter-insurer, Lloyd’s insurer, Lloyd’s Name, Lloyd’s Syndicate Name, fraternal benefit society, and any other legal entity engaged in the business of ins…
36 O.S. § 1203 Unfair methods of competition or unfair and deceptive
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acts or practices prohibited. No person shall engage in this state in any trade practice which is defined in this article as, or determined pursuant to this article to be, an unfair method of competition or an unfair or deceptive act or practice in the business of insurance. Laws…
36 O.S. § 1204 Unfair methods of competition and unfair or deceptive
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acts or practices defined. The following are hereby defined as unfair methods of competition and unfair and deceptive acts or practices in the business of insurance: 1. Misrepresentations and false advertising of policy contracts. Making, issuing, circulating, or causing to be ma…
36 O.S. § 1204.1 Availability of loss runs and claims histories
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Property and casualty insurers and advisory board or advisory organizations shall make loss runs or claims history available to current and former policyholders within thirty (30) days upon a written request by the policyholder. Added by Laws 2007, c. 125, § 8, eff. July 1, 2007.…
36 O.S. § 1205 Power of commissioner
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The Commissioner shall have power to examine and investigate into the affairs of every person engaged in the business of insurance in this state in order to determine whether such person has been or is engaged in any unfair method of competition or in any unfair or deceptive act …
36 O.S. § 1206 Statement of charges and notice of hearing - Opportunity
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to be heard. A. Whenever the Insurance Commissioner shall have reason to believe that any person has been engaged or is engaging in this state in any unfair method of competition or any unfair or deceptive act or practice defined in Section 1204 of this title, and that a proceedi…
36 O.S. § 1207 Cease and desist orders and modifications thereof
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A. If, after a hearing or waiver of the right to a hearing, the Insurance Commissioner shall determine that the method of competition or the act or practice in question is defined in Section 1204 of this title and that the person complained of has engaged in a method of competiti…
36 O.S. § 1208 Judicial review of cease and desist orders
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A. Any person required by an order of the Insurance Commissioner under Section 1207 of this title to cease and desist from engaging in any unfair method of competition or any unfair or deceptive act or practice defined in Section 1204 of this title may obtain a review of such ord…
36 O.S. § 1209 Procedure as to unfair methods of competition and unfair
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or deceptive acts or practices which are not defined. A. Whenever the Insurance Commissioner shall have reason to believe that any person engaged in the business of insurance is engaging in this state in any method of competition or in any act or practice in the conduct of such b…
36 O.S. § 121 Computation of time periods
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In computing any period of time prescribed or allowed by this title, by the rules of the Insurance Commissioner, or by any applicable statute, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the pe…
36 O.S. § 1210 Judicial review by intervenor
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If the final order of the Insurance Commissioner does not charge a violation of this article, then any intervenor in the proceedings may, within thirty (30) days after the service of such order, cause an action for judicial review to be filed in the district court of Oklahoma Cou…
36 O.S. § 1211 Civil penalty
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Any person who violates a cease and desist order of the Insurance Commissioner issued and served pursuant to the provisions of Section 1207 of this title, after it has become final, and while such order is in effect, shall, upon proof thereof to the satisfaction of the court, for…
36 O.S. § 1212 Provisions of act additional
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The powers vested in the Commissioner by this article shall be additional to any other powers to enforce penalties, fines or forfeitures authorized by law with respect to the methods, acts and practices hereby declared to be unfair or deceptive. Laws 1957, p. 266, § 1212.
36 O.S. § 1213 Immunity from prosecution
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If any person shall ask to be excused from attending and testifying or from producing any books, papers, records, correspondence or other documents at any hearing on the ground that the testimony or evidence required of the person may tend to incriminate the person or subject the…
36 O.S. § 1214 Fair disclosure - Protection against misleading sales
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methods. The purpose of this act is to assure fair disclosure of relevant facts in the sale of life insurance and annuity contracts. This act is also designed to protect citizens of the State of Oklahoma as purchasers and prospective purchasers of life insurance policies or annui…
36 O.S. § 1215 Definitions
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As used in this act, the following words, terms and phrases shall have the respective meanings hereinafter set forth, unless the context shall otherwise require: 1. A "coupon policy" is any policy or contract of life insurance, other than annuity, which contains, in addition to b…
36 O.S. § 1216 Prohibitions and regulations concerning use of certain
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types of policy forms, policy provisions and annuity contracts. In accordance with the purpose expressed in Section 1 of this act, the use of certain types of policy forms, policy provisions and annuity contracts shall be subject to the following prohibitions and regulations: 1. …
36 O.S. § 1217 Prohibitions and regulations relating to insurers, agents
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of insurers, representatives of insurers and brokers - Group insurance and group annuity contracts exempt. In accordance with the purpose expressed in Section 1 of this act, insurers, agents of insurers, representatives of insurers and brokers shall be subject to the following pr…
36 O.S. § 1219 Clean claims - Reimbursement - Notice of defective claims
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- Interest on overdue payments - Attorney's fees. A. In the administration, servicing, or processing of any accident and health insurance policy, every insurer shall reimburse all clean claims of an insured, an assignee of the insured, or a health care provider within forty-five …
36 O.S. § 1219.1 Short title
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Sections 4 through 6 of this act shall be known and may be cited as the “Health Care Fraud Prevention Act”. Added by Laws 2000, c. 353, § 4, eff. Nov. 1, 2000.
36 O.S. § 1219.2 Definitions
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As used in the Health Care Fraud Prevention Act: 1. “Accident and health insurance policy” means any policy, certificate, contract, agreement or other instrument that provides accident and health insurance, as defined in Section 703 of this title, to any person in this state; 2. …
36 O.S. § 1219.3 Discounted reimbursement and disclosure of
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reimbursement terms prohibited. A. An insurer or third-party administrator shall not reimburse a health care provider on a discounted fee basis for covered services that are provided to an insured unless: 1. The insurer or third-party administrator has contracted with either: a. …
36 O.S. § 1219.4 Definitions - Requirements for discount medical plan
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organizations - Penalties. A. As used in this section: 1. "Direct contract" means a contractual arrangement tying the ultimate seller purporting to offer discounts through the discount card to the health care provider, which expressly states the intent of this agreement to be use…
36 O.S. § 1219.5 Modification of existing or issuance of new coverage -
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Consent. No insurer shall modify a group or individual policy of existing coverage or issue new coverage under an accident and health insurance policy unless written consent for such modification or issuance is obtained from the policyholder. However, this section shall not be co…
36 O.S. § 1219.6 Methods of payments to providers – Prohibition on
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restricting methods – Notice of fees. A. As used in this section: 1. “Health maintenance organization” means an entity that is organized for the purpose of providing or arranging health care, which has been granted a certificate of authority by the Insurance Commissioner as a hea…
36 O.S. § 122 Electronic filing of documents
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A. The Commissioner shall have the authority to require any entity obligated to submit or file documents with the Insurance Department to file the documents electronically. B. The documents referred to in subsection A of this section include, but are not limited to, forms for com…
36 O.S. § 1220 Exclusive agents - Restrictions
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No insurance company, including any subsidiary of any such company, may offer any insurance program in this state to exclusive agents without offering the same insurance program through all of its other authorized agents and brokers authorized for similar types of insurance cover…
36 O.S. § 1221 Renumbered as § 1250.1 of this title by Laws 1994, c
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342, § 20, eff. Sept. 1, 1994.
36 O.S. § 1222 Repealed by Laws 1994, c. 342, § 21, eff. Sept. 1, 1994
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36 O.S. § 1222 Repealed by Laws 1994, c. 342, § 21, eff. Sept. 1, 1994
36 O.S. § 1223 Renumbered as § 1250.9 of this title by Laws 1994, c
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342, § 20, eff. Sept. 1, 1994.
36 O.S. § 1224 Renumbered as § 1250.10 of this title by Laws 1994, c
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342, § 20, eff. Sept. 1, 1994.
36 O.S. § 1225 Renumbered as § 1250.11 of this title by Laws 1994, c
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342, § 20, eff. Sept. 1, 1994.
36 O.S. § 1226 Renumbered as § 1250.13 of this title by Laws 1994, c
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342, § 20, eff. Sept. 1, 1994.
36 O.S. § 1227 Renumbered as § 1250.3 of this title by Laws 1994, c
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342, § 20, eff. Sept. 1, 1994.
36 O.S. § 1228 Repealed by Laws 1994, c. 342, § 21, eff. Sept. 1, 1994
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36 O.S. § 1228 Repealed by Laws 1994, c. 342, § 21, eff. Sept. 1, 1994
36 O.S. § 123 Delivery and storage of electronic documents
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A. In this section, the following words shall have the following meanings: 1. “Delivered by electronic means” includes: a. delivery to an electronic mail address at which a party has consented to receive notices or documents, or b. posting on an electronic network or site accessi…
36 O.S. § 1230 Solicitation or acceptance of an assignment of post-loss
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insurance benefits prohibited — Violations. A. For purposes of this act: 1. "Assignment agreement" means any instrument by which post- loss benefits under an auto or residential or commercial property insurance, including, but not limited to, any right of action against the insur…
36 O.S. § 124 Incorporation of new measures into benefit plans
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Any measure enacted relating to a benefit plan shall be incorporated into any benefit plan that is issued or renewed on or after the effective date of the act unless specifically provided for otherwise. Added by Laws 2022, c. 118, § 1, eff. Nov. 1, 2022.
36 O.S. § 1241 Property and casualty insurer - Acceptance or denial of
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application. A property and casualty insurer shall, within forty-five (45) business days of taking an application, determine whether or not the applicant should be accepted or denied as an insured and shall give written notice to the agent of the acceptance or denial. If the appl…
36 O.S. § 1241.1 Property and casualty policies – Provision relating to
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process for premium refund for cancellation prior to end of policy period. Each property and casualty insurance policy approved by the Insurance Commissioner shall contain a provision describing the process for premium refund if the insured cancels the policy before the end of th…
36 O.S. § 1241.2 Property and casualty policies – Inquiry regarding
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making claim – Increase of premium rates, cancellation, or refusal to issue or renew policy. No insurer that issues any type of property or casualty insurance policy in this state shall increase premium rates, cancel a policy, or refuse to issue or renew a policy solely on the ba…
36 O.S. § 1250.1 Short title
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Sections 1250.1 through 1250.16 of this title shall constitute a part of the Oklahoma Insurance Code and shall be known and may be cited as the "Unfair Claims Settlement Practices Act". Added by Laws 1986, c. 315, § 5, emerg. eff. June 24, 1986. Amended by Laws 1994, c. 342, § 1,…