0 chapters · 2,025 sections in this title.
36 O.S. § 317 Witnesses or evidence
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A. The Insurance Commissioner may take depositions, subpoena witnesses or documentary evidence, administer oaths, and examine under oath any individual relative to the affairs of any person being examined, or relative to the subject of any hearing or investigation. B. All adminis…
36 O.S. § 318 Repealed by Laws 1997, c. 418, § 125, eff. Nov. 1, 1997
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36 O.S. § 318 Repealed by Laws 1997, c. 418, § 125, eff. Nov. 1, 1997
36 O.S. § 319 Appointment of independent hearing examiner - Fees - Time
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period for issuance of final order. In conducting any hearing pursuant to the Insurance Code, the Insurance Commissioner may appoint an independent hearing examiner who shall sit as a quasi-judicial officer. The ordinary fees and costs of such hearing examiner shall be assessed b…
36 O.S. § 320 Judicial review
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A. Any person aggrieved by a final order of the Insurance Commissioner may obtain judicial review in accordance with the Administrative Procedures Act. The venue of any such action shall be in the district court of Oklahoma County. A copy of such petition shall also forthwith be …
36 O.S. § 3201 Short title
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Sections 22 through 24 of this act shall be known and may be cited as the "Oklahoma Child Health Insurance Reform Act". Added by Laws 1994, c. 294, § 22, eff. Sept. 1, 1994.
36 O.S. § 3202 Definitions
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As used in the Oklahoma Child Health Insurance Reform Act: 1. "Child health supervision services" means the periodic review of a child's physical and emotional status by a physician or other primary health care provider or pursuant to a physician's supervision; 2. "Review" shall …
36 O.S. § 3203 Coverage for child health supervision services
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A. All health benefit plans which provide coverage for a family member of the insured or subscriber shall offer coverage for child health supervision services. Such services shall include coverage from the moment of birth through the age of eighteen years. Each such plan or contr…
36 O.S. § 321 Fees and licenses - Deposits
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A. The Insurance Commissioner shall collect in advance the following fees: 1. For filing charter documents: Original charter documents, articles of incorporation, bylaws, or record of organization of alien or foreign insurers, or certified copies thereof..........................…
36 O.S. § 321.1 Report fees - Information requests - Costs
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A. There shall be collected at the time of filing of a report, a fee payable by each insurer required to file a report under Section 101 et seq. of this title, provided the insurer's total written premium per liability category exceeds the requisite filing fee, which shall be Fou…
36 O.S. § 322 Violations — Penalties
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The Insurance Commissioner may, if the Commissioner finds that any person or organization has violated the provisions of any statute, rule, bulletin, or order for which the Commissioner has jurisdiction, impose a penalty of not more than Five Thousand Dollars ($5,000.00) for each…
36 O.S. § 323 Commissioner enforcement power and authority
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In addition to any powers herein before expressly enumerated in this law, the Insurance Commissioner shall have full power and authority to enforce by regulations, orders, bulletins or otherwise all and singular, the provisions of this law, and the full intent thereof. In particu…
36 O.S. § 3301 Short title - Own Risk and Solvency Assessment (ORSA)
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Act. This act shall be known and may be cited as the "Own Risk and Solvency Assessment (ORSA) Act". Added by Laws 2015, c. 228, § 1, eff. Jan. 1, 2016.
36 O.S. § 3302 Definitions
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As used in the Own Risk and Solvency Assessment (ORSA) Act: 1. "Insurance group" shall mean, for the purpose of conducting an Own Risk and Solvency Assessment (ORSA), those insurers and affiliates included within an insurance holding company system as defined in Section 1651 of T…
36 O.S. § 3303 Risk management framework
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An insurer shall maintain a risk management framework to assist the insurer with identifying, assessing, monitoring, managing, and reporting on its material and relevant risks. This requirement may be satisfied if the insurance group of which the insurer is a member maintains a r…
36 O.S. § 3304 ORSA - When required
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Subject to the provisions of Section 6 of this act, an insurer, or the insurance group of which the insurer is a member, shall regularly conduct an ORSA consistent with a process comparable to the ORSA Guidance Manual. The ORSA shall be conducted no less than annually, but also a…
36 O.S. § 3305 ORSA Summary Report
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A. Upon the Insurance Commissioner's request, and no more than once each year, an insurer shall submit to the Insurance Commissioner an ORSA Summary Report or any combination of reports that together contain the information described in the ORSA Guidance Manual, applicable to the…
36 O.S. § 3306 Exemptions--Waiver
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A. An insurer shall be exempt from the requirements of this act, if: 1. The insurer has annual direct written and unaffiliated assumed premiums, including international direct and assumed premiums, but excluding premiums reinsured with the Federal Crop Insurance Corporation and F…
36 O.S. § 3307 ORSA Summary Report--Preparation--Supporting information-
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-Review. A. The ORSA Summary Report shall be prepared consistent with the ORSA Guidance Manual, subject to the requirements of subsection B of this section. Documentation and supporting information shall be maintained and made available upon examination or upon request of the Ins…
36 O.S. § 3308 Confidentiality and privilege of information--Sharing and
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receiving information with and from other regulatory agencies. A. Documents, materials or other information, including the ORSA Summary Report, in the possession of or control of the Department of Insurance that are obtained by, created by or disclosed to the Insurance Commission…
36 O.S. § 3309 Penalties
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Any insurer failing, without just cause, to timely file the ORSA Summary Report as required in this act shall be required, after notice and hearing, to pay a penalty of One Thousand Dollars ($1,000.00) for each day's delay, to be recovered by the Insurance Commissioner. The maxim…
36 O.S. § 331 Repealed by Laws 2006, c. 264, § 81, eff. July 1, 2006
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36 O.S. § 331 Repealed by Laws 2006, c. 264, § 81, eff. July 1, 2006
36 O.S. § 332 Commissioner examinations and investigations
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A. The Insurance Commissioner may conduct such examinations and investigations of matters, within the scope of the authority of the Commissioner, as the Commissioner may deem proper to secure information useful in the lawful administration of the applicable provisions of the Okla…
36 O.S. § 333 Repealed by Laws 2006, c. 264, § 81, eff. July 1, 2006
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36 O.S. § 333 Repealed by Laws 2006, c. 264, § 81, eff. July 1, 2006
36 O.S. § 334.1 Training of rate analysts and assistant rate analysts -
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Tuition and fees. The Insurance Commissioner is hereby authorized to arrange for the training of rate analysts and assistant rate analysts. Funds appropriated to the Insurance Commissioner may be used to pay the tuition and fees of the above personnel while receiving training rel…
36 O.S. § 335 Conflicts of interest - Exceptions
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No employee of the Insurance Department shall be financially interested, directly or indirectly, in any insurer, agency or insurance transaction except as a policyholder or claimant under a policy; except, that as to such matters wherein a conflict of interest does not exist on t…
36 O.S. § 341.1 Repealed by Laws 1997, c. 418, § 125, eff. Nov. 1, 1997
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36 O.S. § 341.1 Repealed by Laws 1997, c. 418, § 125, eff. Nov. 1, 1997
36 O.S. § 344 Repealed by Laws 1997, c. 418, § 125, eff. Nov. 1, 1997
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36 O.S. § 344 Repealed by Laws 1997, c. 418, § 125, eff. Nov. 1, 1997
36 O.S. § 346 Repealed by Laws 2006, c. 264, § 81, eff. July 1, 2006
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36 O.S. § 346 Repealed by Laws 2006, c. 264, § 81, eff. July 1, 2006
36 O.S. § 348.1 Fees and licenses
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A. The Insurance Commissioner shall collect the following fees and licenses for the Property and Casualty Division: 1. Rating organizations, statistical agents and advisory organizations: a. Application fee for issuance of license...................................$200.00 b. Lice…
36 O.S. § 349 Repealed by Laws 2001, c. 363, § 30, eff. July 1, 2001
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36 O.S. § 349 Repealed by Laws 2001, c. 363, § 30, eff. July 1, 2001
36 O.S. § 350 Electronic format filing requirement
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Notwithstanding any other provision of law that requires a particular form and associated payment to be filed with the Insurance Department in paper form, or to be mailed or hand- delivered to the Insurance Department, the Insurance Commissioner may, by appropriate order, require…
36 O.S. § 351 Renumbered as § 1938 of this title by Laws 1997, c. 418, §
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127, eff. Nov. 1, 1997.
36 O.S. § 352 Commissioner authorized to refund certain fees
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A. 1. Upon request by an applicant, the Insurance Commissioner may refund to the applicant all or any portion of any fees collected by the Commissioner pursuant to law including but not limited to any unearned fees and application fees. Such fees may be refunded, if requested, pr…
36 O.S. § 353 Repealed by Laws 1999, c. 397, § 47, emerg. eff. June 10
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1999.
36 O.S. § 3601 Scope of article
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This article shall not apply to: 1. Reinsurance. 2. Policies or contracts not issued for delivery in Oklahoma nor delivered in Oklahoma, except upon subjects of insurance other than life and disability insurance located or to be performed in Oklahoma, and, except as provided in s…
36 O.S. § 3602 "Policy" defined
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"Policy" means contract of or agreement for effecting insurance, or the certificate thereof, by whatever name called, and includes all clauses, riders, endorsements and papers attached thereto and a part thereof. Laws 1957, p. 363, § 3602.
36 O.S. § 3603 "Premium" defined
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"Premium" is the consideration for insurance, by whatever name called. Laws 1957, p. 363, § 3602.
36 O.S. § 3604 Insurable interest with respect to personal insurance
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A. 1. Any individual of competent legal capacity may procure or effect an insurance contract upon his or her own life or body for the benefit of any person. Except as provided in subsection D of this section, no person shall procure or cause to be procured any insurance contract …
36 O.S. § 3605 Insurable interest with respect to property insurance
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A. No insurance contract on property or of any interest therein or arising therefrom shall be enforceable as to the insurance except for the benefit of persons having an insurable interest in the things insured. B. "Insurable interest" as used in this section means any actual, la…
36 O.S. § 3606 Capacity to contract for insurance; Minors
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A. Any person of competent legal capacity may contract for insurance. B. A minor not less than sixteen (16) years of age as at nearest birthday may, notwithstanding such minority and with signed parental or guardian consent, contract for life or accident and health insurance on h…
36 O.S. § 3607 Application required
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No life or accident and health insurance contract upon an individual, except a contract of group life insurance or of group or blanket accident and health insurance, shall be made or effectuated unless at the time of the making of the contract the individual insured, being of com…
36 O.S. § 3608 Application as evidence
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A. No application for the issuance of any life insurance policy or contract shall be admissible in evidence in any action relative to such policy or contract, unless a true copy of the application was attached to or otherwise made a part of the policy when issued. This provision …
36 O.S. § 3609 Representations in applications - Recovery under policy -
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Mortgage guaranty policies. A. All statements and descriptions in any application for an insurance policy or in negotiations therefor, by or in behalf of the insured, shall be deemed to be representations and not warranties. Misrepresentations, omissions, concealment of facts, an…
36 O.S. § 361 Anti-Fraud Unit - Investigations - Confidentiality of
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records A. There is hereby created within the Insurance Department, under the control and direction of the Insurance Commissioner, an "Anti-Fraud Unit" within the Legal and Investigation Division of the Insurance Department. B. Violations of any statute or administrative rule of …
36 O.S. § 3610 Approval of forms
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A. No insurance policy form or application form, where written application is required and is to be made a part of the policy, rider or endorsement form other than surety bond forms and such other insurance policy forms as are hereinafter specifically otherwise provided for shall…
36 O.S. § 3611 Grounds for disapproval of forms - Prevention of delivery
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of certain policies - Exemptions. A. The Insurance Commissioner shall disapprove any form of policy, application, rider or endorsement or withdraw any previous approval thereof only: 1. If it is in any respect in violation of or does not comply with this code, including Section 4…
36 O.S. § 3611.1 Medicare supplement policies - Definitions -
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Regulations - Issuance - Return and refund - Examination of insurers. A. As used in this section: 1. "Commissioner" means the Commissioner of Insurance; 2. "Medicare supplement policy" means a group or individual policy of accident and health insurance, or a subscriber contract o…
36 O.S. § 3612 Standard provisions
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A. Insurance contracts shall contain such standard provisions as are required by the applicable provisions of this Code pertaining to contracts of particular kinds of insurance. The Insurance Commissioner may waive the required use of a particular standard provision in a particul…
36 O.S. § 3613 Contents of policies in general
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A. The written instrument in which a contract of insurance is set forth is the policy. B. Every policy shall specify: 1. The names of the parties to the contract. 2. The insurer's name and complete address. 3. The subject of the insurance. 4. The risks insured against. 5. The tim…
36 O.S. § 3613.1 Policies and claims - Fraud warning
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Every insurance policy or application and every insurance claim form shall contain a statement that clearly indicates in substance the following: "WARNING: Any person who knowingly, and with intent to injure, defraud or deceive any insurer, makes any claim for the proceeds of an …