Title 36 — Title 36 — Insurance
0 chapters · 2,025 sections in this title.
36 O.S. § 3613.2 Restrictions on recording of birth or ultrasound
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prohibited. A. No insurer which writes physicians' or hospitals' professional liability insurance shall, in a policy of insurance or in a rider, endorsement, or other amendment of or addition to a policy of insurance or by any means, attempt to restrict, control, or otherwise int…
36 O.S. § 3614 Contents of policies; additional contents
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A policy may contain additional provisions not inconsistent with this Code and which are: 1. Required to be inserted by the laws of the insurer's domicile; 2. Necessary, on account of the manner in which the insurer is constituted or operated, in order to state the rights and obl…
36 O.S. § 3614.1 Genetic nondiscrimination in insurance
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A. This section shall be known and may be cited as the "Genetic Nondiscrimination in Insurance Act". B. For purposes of the Genetic Nondiscrimination in Insurance Act: 1. "Accident and health insurance" means accident and health insurance as defined in Section 703 of this title, …
36 O.S. § 3614.2 Genetic nondiscrimination in employment
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A. This section shall be known and may be cited as the "Genetic Nondiscrimination in Employment Act". B. For purposes of the Genetic Nondiscrimination in Employment Act: 1. "DNA" means deoxyribonucleic acid; 2. "Employer" means employer as such term is defined in Section 3(d) of …
36 O.S. § 3614.3 Disclosure of genetic information
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A. No person who maintains genetic information shall be compelled to disclose such information pursuant to a request for compulsory disclosure in any judicial, legislative, or administrative proceeding, unless: 1. The request for compulsory disclosure is in accordance with court-…
36 O.S. § 3614.4 Disclosure of genetic research studies
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A. This section shall be known and may be cited as the “Genetic Research Studies Nondisclosure Act”. B. For purposes of the Genetic Research Studies Nondisclosure Act, “genetic research study or studies” shall mean those genetic research studies approved by an institutional revie…
36 O.S. § 3615 Charter or bylaw provisions; incorporation into policy
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No policy shall contain any provisions purporting to make any portion of the charter, bylaws or other constituent document of the insurer a part of the contract unless such portion is set forth in full in the policy, provided, however, this section shall not apply to the subscrib…
36 O.S. § 3616 Labeling particular policies
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In every policy wherein the subject of the insurance is a motor vehicle, if the risks insured against do not include bodily injury and property damage liability, the policy and any certificate or memorandum thereof shall have imprinted or stamped on the face and cover or filing b…
36 O.S. § 3616.1 Coverage of trustor under property or motor vehicle
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liability policy. A. Unless specifically excluded in a separate written endorsement between the named insured and the insurer, every property or motor vehicle liability policy issued in the state in which the named insured is a trust created under the laws of this state and the p…
36 O.S. § 3617 Policy restrictions voided
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No policy delivered or issued for delivery in Oklahoma and covering a subject of insurance resident, located, or to be performed in Oklahoma, shall contain any condition, stipulation or agreement (1) requiring such policy to be construed according to the laws of any other state o…
36 O.S. § 3618 Execution of policies
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A. Every insurance policy shall be executed in the name of and on behalf of the insurer by its officer, attorney-in-fact, employee, or representative duly authorized by the insurer. B. A facsimile signature of any such executing individual may be used in lieu of an original signa…
36 O.S. § 3619 Underwriters' and combination policies
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A. Two or more authorized insurers may jointly issue, and shall be jointly and severally liable on, an underwriters' policy bearing their names. Any one insurer may issue policies in the name of an underwriter's department and such policy shall plainly show the true name of the i…
36 O.S. § 362 Fees – Transfer to Attorney General’s Insurance Fraud Unit
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Revolving Fund. An annual fee of Seven Hundred Fifty Dollars ($750.00) shall be paid to the Insurance Commissioner to be expended by the Insurance Commissioner for the purposes of investigation of suspected insurance fraud and civil or administrative action in cases involving sus…
36 O.S. § 3620 Validity of noncomplying forms
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Any insurance policy, rider, or endorsement hereafter issued and otherwise valid which contains any condition or provision not in compliance with the requirements of this Code, shall not be thereby rendered invalid but shall be construed and applied in accordance with such condit…
36 O.S. § 3621 Construction of policies
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Every insurance contract shall be construed according to the entirety of its terms and conditions as set forth in the policy and as amplified, extended, or modified by any rider, endorsement, or application attached to and made a part of the policy. Added by Laws 1957, p. 368, § …
36 O.S. § 3622 Binders
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A. Binders or other contracts for temporary insurance may be made orally or in writing, and shall be deemed to include all the usual terms of the policy as to which the binder was given together with such applicable endorsements as are designated in the binder, except as supersed…
36 O.S. § 3623 Repealed by Laws 1997, c. 418, § 125, eff. Nov. 1, 1997
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36 O.S. § 3623 Repealed by Laws 1997, c. 418, § 125, eff. Nov. 1, 1997
36 O.S. § 3623.1 Fees - Definitions
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A. Nothing in this Code shall be construed to prevent an insurer from charging and collecting in this state separate initial membership fees, policy fees and any other fees as defined in subsection C of this section in addition to premiums for insurance, and such fees shall not b…
36 O.S. § 3623.2 Death of insured – Refund of premiums
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A. Premiums paid for coverage of life, accident and health insurance shall be refunded from the date of death of the insured to the premium due date. 1. The refund of premium shall be on a daily pro-rata basis. 2. Premium refunds shall be provided within ninety (90) days from the…
36 O.S. § 3623.3 Charging insurance producer for documentation costs
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No insurer, at any time, shall charge the insurance producer for any costs associated with the necessary documentation or records needed to underwrite a policy. The provisions of this section shall apply only to personal insurance as defined in Section 952 of Title 36 of the Okla…
36 O.S. § 3624 Assignment of policies
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Except as provided in Section 6055 of this title, a policy may be assignable or not assignable, as provided by its terms. Subject to its terms relating to assignability, any life or accident and health policy, whether heretofore or hereafter issued, under the terms of which the b…
36 O.S. § 3624.1 Group life insurance policies - Right to assign
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incidents of ownership. A person whose life is insured under a group insurance policy may, subject and pursuant to the terms of the policy, or pursuant to an arrangement between the insured, the group policyholder and the insurer, assign all or any part of his incidents of owners…
36 O.S. § 3624.2 Definitions
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As used in this act: 1. "Insurer" means any insurance company that administers accident and health policies or plans or that administers any other type insurance policy containing medical provisions, and any nonprofit hospital service and indemnity and medical service and indemni…
36 O.S. § 3624.3 Direct payments to Department for reimbursement of
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medical assistance - Notice of claim - Discharge of obligation. A. Notwithstanding the provisions of Section 3624 of this title, whenever an insurer who has not discharged its obligation to make payments to an individual for medical services, and if that individual has received m…
36 O.S. § 3624.4 Notice to insurer of assistance received - Violations
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A. Any person who has an application pending or who has received medical assistance from the Department of Human Services and files a claim with any insurer for benefits shall at that time advise the insurer of the receipt of or pending application for medical assistance from the…
36 O.S. § 3624.5 Limiting payments by insurer based upon eligibility for
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medical assistance prohibited. Any clause of an insurance contract, plan or agreement administered by an insurer that limits or excludes payments if the individual is eligible for medical assistance is void. Laws 1981, c. 172, § 4.
36 O.S. § 3624.6 Conflicting provisions
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Any and all policies of insurance, or any plan or agreement administered by an insurer, issued, entered into, amended or renewed after the effective date of this act containing any provisions contrary to or in conflict with this act are void as to those provisions only; all remai…
36 O.S. § 3624A Repealed by Laws 1992, c. 370, § 3, eff. Sept. 1, 1992
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36 O.S. § 3624A Repealed by Laws 1992, c. 370, § 3, eff. Sept. 1, 1992
36 O.S. § 3624B Repealed by Laws 1992, c. 370, § 3, eff. Sept. 1, 1992
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36 O.S. § 3624B Repealed by Laws 1992, c. 370, § 3, eff. Sept. 1, 1992
36 O.S. § 3625 Annulment of liability policies
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A. No insurance contract insuring against loss or damage through legal liability for the bodily injury or death by accident of any individual, or for damage to the property of any person, shall be retroactively annulled by any agreement between the insurer and the insured after t…
36 O.S. § 3626 Payment discharges insurer
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Whenever the proceeds of or payments under a life or accident and health insurance policy or annuity contract heretofore or hereafter issued become payable in accordance with the terms of such policy or contract, or the exercise of any right or privilege thereunder, and the insur…
36 O.S. § 3627 Minor may give acquittance
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Any minor domiciled in this state who has attained the age of sixteen (16) years shall be deemed competent to receive and to give full acquittance and discharge for a payment or payments in aggregate amount not exceeding Two Thousand Dollars ($2,000.00) in any one (1) year made b…
36 O.S. § 3628 Simultaneous deaths
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Where the individual insured or the annuitant and the beneficiary designated in a life insurance policy or policy insuring against accidental death or in an annuity contract have died and there is not sufficient evidence that they have died otherwise than simultaneously, the proc…
36 O.S. § 3629 Forms of proof of loss – Offer of settlement or rejection
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of claim. A. An insurer shall furnish, upon written request of any insured claiming to have a loss under an insurance contract issued by such insurer, forms of proof of loss for completion by such person, but such insurer shall not, by reason of the requirement so to furnish form…
36 O.S. § 363 Notification of suspected fraud - Immunity
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A. Any insurer, employee or agent of any insurer who has reason to believe that a person or entity has engaged in or is engaging in an act or practice that violates any statute or administrative rule of this state related to insurance fraud shall immediately notify the Anti-Fraud…
36 O.S. § 3630 Claims administration not waiver
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Without limitation of any right or defense of an insurer otherwise, none of the following acts by or on behalf of an insurer shall be deemed to constitute a waiver of any provision of a policy or of any defense of the insurer thereunder: 1. Acknowledgment of the receipt of notice…
36 O.S. § 3631 Repealed by Laws 1992, c. 261, § 5, eff. Sept. 1, 1992
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36 O.S. § 3631 Repealed by Laws 1992, c. 261, § 5, eff. Sept. 1, 1992
36 O.S. § 3631.1 Certain money and benefits exempt from legal process or
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seizure - Exceptions. A. All money or benefits of any kind, including policy proceeds and cash values, to be paid or rendered to the insured or any beneficiary under any policy of insurance issued by a life, health or accident insurance company, under any policy issued by a mutua…
36 O.S. § 3632 Exemption of proceeds, group life
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A. A policy of group life insurance or the proceeds thereof payable to the individual insured or to the beneficiary thereunder, shall not be liable, either before or after payment, to be applied by any legal or equitable process to pay any liability of any person having a right u…
36 O.S. § 3633 Policies issued in violation of Code; penalty
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Any insurer or corporation, or any officer or agent thereof, issuing or delivering to any person in this state any policy in willful violation of any provision of this Code shall be guilty of a misdemeanor. Laws 1957, p. 370, § 3633.
36 O.S. § 3634 Chiropody, podiatry, psychology and clinical social work
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- Accident and health benefits. Medical or surgical services or procedures constituting the practice of podiatric medicine, as defined by Section 142 of Title 59 of the Oklahoma Statutes, psychological services or procedures constituting the practice of psychology, as defined by …
36 O.S. § 3634.1 Prescription drug coverage - Enforcement
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A. This act shall apply to medical benefit contracts, health care centers, insurance companies and health maintenance organizations which provide coverage for prescription drugs. B. The Insurance Commissioner shall implement and enforce the provisions of this act pursuant to the …
36 O.S. § 3634.11 Coverage of vision care or medical diagnosis and
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treatment services – Referral to optometrists – Equal compensation. A. Any health benefit plan which offers services for vision care or medical diagnosis and treatment for the eye shall allow optometrists to be providers of those services. B. With respect to optometric services, …
36 O.S. § 3634.2 Prescription drug coverage - Definitions
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As used in this act: 1. "Co-payment" means a type of cost sharing whereby insured or covered persons pay a specified predetermined amount per unit of service with their insurer paying the remainder of the charge. The co-payment is incurred at the time the service is rendered. The…
36 O.S. § 3634.3 Prescription drug coverage - Pharmacy contracts - Open
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pharmacy networks. A. A health insurance plan or policy or health maintenance organization providing prescription drugs as a covered benefit shall provide a pharmacy or group of pharmacies with the right to bid on a periodic basis, but not less than every three (3) years, on any …
36 O.S. § 3634.4 Prescription drug or device coverage – Uniform
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prescription drug information on card or technology. A. 1. It is the intent of the Legislature to: a. lessen waiting times of patients, b. decrease administrative burdens for pharmacies, and c. improve care to patients, by minimizing confusion, eliminating unnecessary paperwork a…
36 O.S. § 3634.5 Synchronization of prescription drug refills
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A. A health benefit plan that provides benefits for prescription drugs delivered, issued or renewed after November 1, 2017, shall provide for synchronization of prescription drug refills on at least one occasion per insured per year, provided all of the following conditions are m…
36 O.S. § 3634.6 Direct payment or reimbursement to pharmacist
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An insurer, as defined in Section 3634.2 of Title 36 of the Oklahoma Statutes, shall provide direct payment or reimbursement to a pharmacist licensed in this state for providing a health care service to an individual if: 1. The pharmacist provided any health care service he or sh…
36 O.S. § 3635 "Motor vehicle" defined
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The term "motor vehicle" as used in this act means and includes a self-propelled land motor vehicle designed for use principally upon public roads or streets but does not mean or include crawler or farm-type tractors, farm implements and, if not subject to motor vehicle registrat…
36 O.S. § 3635.1 Time of expiration of certain policies
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All policies insuring against loss resulting from liability imposed by law for bodily injury or death suffered by any person arising out of the ownership, maintenance or use of a motor vehicle, as defined in Section 3635 of this title, shall expire at 12:01 a.m. Standard Time on …