0 chapters · 1,670 sections in this title.
36 O.S. § 4011 Reinstatement
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There shall be a provision that unless the policy has been surrendered for its cash surrender value or unless the paid-up term insurance, if any, has expired, the policy will be reinstated at any time within three (3) years from the date of premium default upon written applicatio…
36 O.S. § 4012 Payment of premiums
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There shall be a provision that all premiums after the first shall be payable in advance, either at the home office of the company or to an agent of the company, upon the delivery of a receipt signed by one or more of the officers who shall be designated in the policy. Laws 1957,…
36 O.S. § 4013 Payment of claims
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There shall be a provision that when a policy shall become a claim by the death of the insured settlement shall be made upon receipt of due proof of death and, at the insurer's option, surrender of the policy and/or proof of the interest of the claimant. If an insurer shall speci…
36 O.S. § 4014 Policy title
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There shall be a title on the face and on the back of the policy, briefly describing the same. Laws 1957, p. 373, § 4014.
36 O.S. § 4015 Excluded or restricted coverage
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A clause in any policy of life insurance providing that such policy shall be incontestable after a specified period shall preclude only a contest of the validity of the policy, and shall not preclude the assertion at any time of defenses based upon provisions in the policy which …
36 O.S. § 4016 Standard provisions required in annuity and pure
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endowment contracts. A. No annuity or pure endowment contract, other than reversionary annuities, survivorship annuities or group annuities and except as stated herein, shall be delivered or issued for delivery in this state unless it contains in substance each of the provisions …
36 O.S. § 4017 Grace period; annuities
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In an annuity or pure endowment contract, other than a reversionary, survivorship or group annuity, there shall be a provision that there shall be a period of grace of one (1) month, but not less than thirty (30) days, within which any stipulated payment to the insurer falling du…
36 O.S. § 4018 Incontestability; annuities
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If any statements, other than those relating to age, sex and identity are required as a condition to issuing an annuity or pure endowment contract, other than a reversionary, survivorship, or group annuity, and subject to Section 4020 of this article, there shall be a provision t…
36 O.S. § 4019 Application and contract as entire contract in annuities
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In an annuity or pure endowment contract, other than a reversionary, survivorship or group annuity, there shall be a provision that the contract shall constitute the entire contract between the parties or, if a copy of the application is endorsed upon or attached to the contract …
36 O.S. § 402 Persons prohibited from engaging in business of insurance
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- Exception - Penalty. A. No person who has been convicted of any criminal felony involving dishonesty or a breach of trust, or who has been convicted of an offense under Section 1033 of Title 18 of the United States Code, shall engage or participate in the business of insurance …
36 O.S. § 4020 Misstatement of age; annuities
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In an annuity or pure endowment contract, other than a reversionary, survivorship, or group annuity, there shall be a provision that if the age of the person or persons upon whose life or lives the contract is made, or any of them, has been misstated, the amount payable or benefi…
36 O.S. § 4021 Dividends on annuities
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If an annuity or pure endowment contract, other than a reversionary, survivorship, or group annuity, is participating, there shall be a provision that the insurer shall annually ascertain and apportion any divisible surplus accruing on the contract. Laws 1957, p. 374, § 4021.
36 O.S. § 4022 Reinstatement of annuities
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In an annuity or pure endowment contract, other than a reversionary, survivorship, or group annuity, there shall be a provision that the contract may be reinstated at any time within one (1) year from the default in making stipulated payments to the insurer, unless the cash surre…
36 O.S. § 4023 Standard provisions required in reversionary annuities
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A. Except as stated herein, no contract for a reversionary annuity shall be delivered or issued for delivery in this state unless it contains in substance each of the following provisions: 1. Any such reversionary annuity contract shall contain the provisions specified in Section…
36 O.S. § 4024 Limit of liability - Life insurance policy application
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denial. A. No policy of life insurance shall be delivered or issued for delivery in this state if it contains a provision which excludes or restricts liability for death caused in a certain specified manner or occurring while the insured has a specified status, except that a poli…
36 O.S. § 4025 Incontestability after reinstatement
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The reinstatement of any policy of life insurance or annuity contract hereafter delivered or issued for delivery in this state may be contested on account of fraud or misrepresentation of facts material to the reinstatement only for the same period following reinstatement and wit…
36 O.S. § 4026 Policy settlements
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Any life insurer shall have the power to hold under agreement the proceeds of any policy issued by it, upon such terms and restrictions as to revocation by the policyholder and control by beneficiaries, and with such exemptions from the claims of creditors of beneficiaries other …
36 O.S. § 4027 Authorized deductions from insurance proceeds
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In determining the amount due under any life insurance policy heretofore or hereafter issued, deduction may be made of: 1. Any unpaid premiums or instalments thereof for the current policy year due under the terms of the policy, and of 2. The amount of principal and accrued inter…
36 O.S. § 4028 Dual or multiple pay policies prohibited
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No life insurance policy shall be issued or delivered in this state if it provides that, on the death of anyone not specifically named therein, other than a beneficiary, the owner or beneficiary of the policy shall receive the payment or granting of anything of value. Laws 1957, …
36 O.S. § 4029 Operative date of valuation manual - Nonforfeiture
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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…
36 O.S. § 403 Powers of Insurance Commissioner - Injunctive relief
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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…
36 O.S. § 4030 Manner of paying premiums for single premium life
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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…
36 O.S. § 4030.1 Forms to establish proof of death and interest of
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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…
36 O.S. § 4030.10 Statement required when certain benefits not provided
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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…
36 O.S. § 4030.11 Calculation of certain benefits under contracts with
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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 …
36 O.S. § 4030.12 Minimum nonforfeiture requirements for contracts
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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…
36 O.S. § 4030.13 Operative date of act
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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…
36 O.S. § 4030.2 Short title
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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.
36 O.S. § 4030.3 Applicability of act
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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…
36 O.S. § 4030.4 Conditions for approval of annuity contracts by
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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…
36 O.S. § 4030.5 Minimum nonforfeiture amounts
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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…
36 O.S. § 4030.6 Minimum present value at commencement of benefits
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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 …
36 O.S. § 4030.7 Cash surrender benefits prior to maturity
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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…
36 O.S. § 4030.8 Present value of paid-up annuity benefit available as
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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…
36 O.S. § 4030.9 Maturity dates
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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…
36 O.S. § 4031 Short title
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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.
36 O.S. § 4032 Application of act
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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…
36 O.S. § 4033 Definitions
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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…
36 O.S. § 4034 Application for insurance - Statement required -
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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…
36 O.S. § 4035 Notice to applicants regarding replacement of life
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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…
36 O.S. § 4036 Statement by applicant regarding notification of
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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…
36 O.S. § 4037 Definitions to be delivered to applicant for replacement
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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…
36 O.S. § 4038 Violations - Penalties
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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,…
36 O.S. § 404 Business of insurance
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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. § 405 Emergency cease and desist order - Hearing - Judicial
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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. § 4055.1 Short title
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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.
36 O.S. § 4055.10 Contracts within two years of issuance of insurance
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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 …
36 O.S. § 4055.11 Fraudulent viatical settlement acts - Filing of
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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 …
36 O.S. § 4055.12 Advertisement of contracts, products or services -
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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…
36 O.S. § 4055.13 Prohibited acts - Warning statement - Provision of
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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…