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ENGR. H. B. NO. 2933 Page 1
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ENGROSSED HOUSE
BILL NO. 2933 By: Tedford and Hill of the
House
and
Reinhardt of the Senate
An Act relating to insurance; directing that personal
and commercial property insurers shall file certain
report by specified date; providing manner in which
report shall be filed; providing required content of
report; clarifying that reports shall be treated as
working papers and documents; permitting Insurance
Commissioner to use reports to determine whether
market conduct examination or investigation should be
conducted; establishing penalty for violation;
amending Section 7, Chapter 345, O.S.L. 2024 (36 O.S.
Supp. 2025, Section 322), which relates to penalties
enforced by the Insurance Department; modifying
penalties the Insurance Commissioner may enforce;
amending Section 19, Chapter 345, O.S.L. 2024, as
amended by Section 2, Chapter 195, O.S.L. 2024 (36
O.S. Supp. 2025, Section 908), which relates to
administrative penalties enforced by the Insurance
Department; modifying administrative penalties the
Insurance Commissioner may enforce; amending 36 O.S.
2021, Section 942, which relates to motor vehicle
liability or collision policies; clarifying traffic
records not to be used by insurers in modifying rates
or determining refusal or renewal of a policy;
amending 36 O.S. 2021, Section 943, which relates to
circumstances insurers are prohibited from canceling,
increasing rates, or refusing to issue or renew motor
vehicle policies; prohibiting insurers from
canceling, refusing to renew or terminate, or
increasing policy premiums based on first claim
against policy; clarifying circumstances under which
policies may be canceled, not renewed or terminated,
or premiums increased; amending 36 O.S. 2021, Section
961, which relates to premium discounts or rate
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reductions for resistance to tornado or other wind
events; modifying circumstances under which insurance
companies shall provide a premium discount or rate
reduction; modifying citations; amending 36 O.S.
2021, Section 962, which relates to premium discount
or rate reduction for resistance to tornado or other
wind events for retrofit properties; modifying
circumstances under which insurance companies shall
provide a premium discount or rate reduction;
modifying citations; amending 36 O.S. 2021, Section
1211, which relates to civil penalties related to
unfair methods of competition or unfair and deceptive
acts or practices; modifying civil penalties;
amending 36 O.S. 2021, Section 1204, as amended by
Section 16, Chapter 360, O.S.L. 2024 (36 O.S. Supp.
2025, Section 1204), which relates to unfair methods
of competition and unfair or deceptive acts or
practices; directing insurers providing certain
additional coverage consider all building codes as
being strictly enforced; amending 36 O.S. 2021,
Section 1212, which relates to powers vested in the
Insurance Commissioner; modifying applicability of
powers; amending 36 O.S. 2021, Section 1250.4, which
relates to claim files and responses to inquiries;
modifying timeline for response to Insurance
Commissioner inquiries; establishing that the
Insurance Commissioner's dispute resolution program
shall be subject to the laws and protections of the
Dispute Resolution Act; establishing that only the
policyholder may request mediation; making mediation
voluntary except under listed circumstances; defining
term; requiring claims to be submitted and fully
processed through the Insurance Department's consumer
complaint program before qualifying for mediation;
requiring all parties to negotiate in good faith;
clarifying dispute is not required to be resolved in
mediation; providing procedure for rescinding
settlement by policyholder; providing procedure for
mediation conference; establishing when an insurer
will be deemed to have failed to appear; establishing
penalty for violation by insurer; permitting
Insurance Commissioner rule-making authority;
amending 36 O.S. 2021, Section 1250.6, which relates
to property and casualty insurers, receipt of claims,
and inquiries from the Insurance Commissioner;
modifying timeline for insurers to acknowledge
receipt of claim; requiring acknowledgement include
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Homeowner Claims Bill of Rights; requiring insurer to
send detailed estimate where applicable; requiring
insurers issuing a personal lines residential
property insurance policy to include Homeowner Claims
Bill of Rights; providing minimum statement of
Homeowner Claims Bill of Rights; establishing
violation shall be a violation of the Unfair Claims
Settlement Practices Act; amending 36 O.S. 2021,
Section 1250.7, which relates to denial or acceptance
of claims by property and casualty insurer; modifying
timeline for acceptance or denial of claim; requiring
claimant be notified in writing; requiring insurer
provide reasonable explanation of payment less than
specified in insurer's detailed estimate;
establishing interest rate for untimely payments;
prohibiting the waiver of subsection; clarifying
failure to comply does not form sole basis for
private cause of action; establishing policyholder
right to request a physical, in-person inspection;
amending 36 O.S. 2021, Section 1250.14, which relates
to violations and penalties of the Unfair Claims
Settlement Practices Act; modifying penalties the
Commissioner may enforce under the Unfair Claims
Settlement Practices Act; amending 36 O.S. 2021,
Section 3639.1, which relates to personal residential
insurance; prohibiting certain terminations;
prohibiting certain actions by insurers for claims
occurring more than five years before policy
effective date or renewal; directing that insurers
shall not refuse underwriting risk for homeowner's
insurance in certain cases; prohibiting certain
actions by insurers for certain claims; providing
exceptions; directing that insurers may only consider
at-fault motor vehicle claims history in provided
time frame; prohibiting insurer from reducing
coverage or refusing to issue or renew homeowner's
policy based solely on use of aerial imaging;
prohibiting insurers from reducing coverage or
refusing to issue or renew homeowner's policy based
solely on age of roof less than fifteen years old;
requiring insurers to allow homeowners have a roof
inspection; providing procedure for calculating
roof's age; providing for codification; and providing
an effective date.
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BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 311.5 of Title 36, unless there
is created a duplication in numbering, reads as follows:
A. By March 31, 2028, and on a quarterly basis thereafter, each
insurer authorized to write personal and commercial property
insurance in this state shall file with the Oklahoma Insurance
Department a supplemental report with information regarding personal
and commercial residential property insurance policies in this
state. The report shall be filed electronically in the manner and
form prescribed by the Insurance Commissioner and in accordance with
any instructions on the Department's website. The supplemental
report shall include separate information for personal lines,
property policies, and commercial lines property policies. The
report shall, at a minimum, include the following information for
each ZIP code broken down by month:
1. Total number of policies in force at the end of each month;
2. Total number of policies canceled;
3. Total number of policies nonrenewed;
4. Number of new policies written;
5. Total written premium;
6. Is the insurer actively writing policies;
7. Number of policies that exclude wind coverage;
8. Number of new claims opened during each month;
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9. Number of claims closed during each month;
10. Number of claims pending at the end of each month; and
11. Number of claims in which either the insurer or insured
invoked any form of alternative dispute resolution.
B. Supplemental quarterly reports filed with the Insurance
Commissioner pursuant to this section shall be treated as working
papers and documents as set out in subsection F of Section 309.4 of
this title.
C. The Insurance Commissioner may use supplemental quarterly
reports to assist in determining whether a market conduct
examination or investigation of an insurer should be conducted. For
purposes of completing a market conduct examination of any company
under Sections 309.1 through 309.7 of this title, the Insurance
Commissioner may, in the sole discretion of the Insurance
Commissioner, use supplemental quarterly reports or amendments or
addendums to such statements to assist in determining compliance
with the laws of this state and rules adopted by the Insurance
Commissioner and to support any regulatory actions initiated by the
Insurance Commissioner.
D. For any repeated violation of this section, the Insurance
Commissioner may, after notice and opportunity for a hearing,
subject an insurer to a civil penalty of up to One Thousand Dollars
($1,000.00) for each occurrence, along with any other penalties set
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forth in applicable law. The civil penalty may be enforced in the
same manner in which civil judgments may be enforced.
SECTION 2. AMENDATORY Section 7, Chapter 345, O.S.L.
2024 (36 O.S. Supp. 2025, Section 322), is amended to read as
follows:
Section 322. A. 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) Ten Thousand Dollars ($10,000.00)
for each such violation. In addition to or in lieu of any fine
amount, the Insurance Commissioner may refuse to renew, suspend, put
on probation, or revoke an insurer's certificate of authority,
licenses, or any other registration or similar approval to conduct
business in Oklahoma issued by the Insurance Commissioner. Such
penalties may be in addition to any other penalty provided by law.
B. The Insurance Commissioner may also direct the person or
organization against whom the order was issued to make complete
restitution, in the form, manner, and amount and within the time
period determined by the Commissioner, to all Oklahoma residents,
Oklahoma insureds, and entities operating in Oklahoma damaged by the
violation or failure to comply.
C. No penalty shall be imposed except upon a written order of
the Commissioner or the appointed independent hearing examiner,
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stating the findings of the Commissioner or the appointed
independent hearing examiner after notice and opportunity for a
hearing in accordance with Article II of the Administrative
Procedures Act.
SECTION 3. AMENDATORY Section 19, Chapter 345, O.S.L.
2024, as amended by Section 2, Chapter 195, O.S.L. 2024 (36 O.S.
Supp. 2025, Section 908), is amended to read as follows:
Section 908. A. The Insurance Commissioner may, if the
Commissioner finds that any person or organization has violated the
provisions of any statute, rule, or order for which the Commissioner
has jurisdiction, impose a penalty of not more than Five Thousand
Dollars ($5,000.00) Ten Thousand Dollars ($10,000.00) for each such
violation. In addition to or in lieu of any fine amount, the
Insurance Commissioner may refuse to renew, suspend, put on
probation, or revoke an insurer's certificate of authority,
licenses, or any other registration or similar approval to conduct
business in Oklahoma issued by the Insurance Commissioner. Such
penalties may be in addition to any other penalty provided by law.
B. The Insurance Commissioner may also direct the person or
organization against whom the order was issued to make complete
restitution, in the form, manner, and amount and within the time
period determined by the Commissioner, to all Oklahoma residents,
Oklahoma insureds, and entities operating in Oklahoma damaged by the
violation or failure to comply.
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C. No penalty shall be imposed except upon a written order of
the Commissioner or the appointed independent hearing examiner,
stating the findings of the Commissioner or the appointed
independent hearing examiner after notice and opportunity for a
hearing in accordance with Article II of the Administrative
Procedures Act.
SECTION 4. AMENDATORY 36 O.S. 2021, Section 942, is
amended to read as follows:
Section 942. Any insurance carrier that issues motor vehicle
liability or collision insurance policies in this state shall not
establish or apply premium rates, increase premium rates, cancel a
policy, or refuse to issue or renew a policy, based on any traffic
record maintained by the Department of Public Safety, including, but
not limited to, traffic complaints, traffic citations or other legal
forms of traffic charges, and accident reports, which covers a
period of time more than three (3) years prior to the date the
insurance carrier makes a determination to take any such action;
provided, however, those offenses that are provided for in
subsection C of Section 941 of this title and the offense of
reckless driving as provided for in Section 11-901 of Title 47 of
the Oklahoma Statutes may be considered by an insurance carrier for
a period of not more than five (5) years.
SECTION 5. AMENDATORY 36 O.S. 2021, Section 943, is
amended to read as follows:
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Section 943. A. No insurance carrier who issues motor vehicle
policies in this state shall use traffic complaints, traffic
citations or other legal forms of traffic charges as a basis for
cancellation of a motor vehicle insurance policy, increasing premium
rates for a motor vehicle insurance policy or refusing to issue or
renew a motor vehicle insurance policy, where:
1. the The insured was acquitted of the charge;
2. the The insured was arrested and no charges were filed; or
3. the The insured was arrested and the charges were dismissed.
B. No insurer shall cancel or refuse to renew a motor vehicle
policy which has been in effect more than forty-five (45) days
solely because the insured filed a first claim against the policy.
Nothing in this subsection shall be construed to prevent the
cancellation, nonrenewal or other termination, or increase in
premium for any of the following reasons:
1. Nonpayment of premium;
2. Discovery of fraud or material misrepresentation in the
procurement of the insurance or with respect to any claims submitted
thereunder;
3. Offenses provided for in subsection C of Section 941 of this
title;
4. Offenses provided for in Section 11-901 of Title 47 of the
Oklahoma Statutes;
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5. A determination by the Insurance Commissioner that the
continuation of the policy would place the insurer in violation of
the insurance laws of this state;
6. A violation of any of the terms and conditions of the
policy;
7. The named insured failed to disclose fully his or her motor
vehicle accident and moving traffic violations for the preceding
thirty-six (36) months if called for in the application;
8. An insured made a false or fraudulent claim or knowingly
aided or abetted another in the presentation of such a claim; or
9. The insured automobile is:
a. so mechanically defective that its operation might
endanger public safety,
b. used in carrying passengers for hire or compensation
(the use of an automobile for a car pool shall not be
considered use of an automobile for hire or
compensation),
c. used in the business of transportation of flammables
or explosives,
d. an authorized emergency vehicle, or
e. subject to an inspection law and has not been
inspected or, if inspected, has failed to qualify.
C. The Insurance Commissioner may suspend or revoke, after
notice and hearing, the certificate of authority to transact
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insurance business in this state of any insurance carrier violating
the provisions of this section or may censure the insurer or impose
a fine.
SECTION 6. AMENDATORY 36 O.S. 2021, Section 961, is
amended to read as follows:
Section 961. A. Commencing on April 1, 2018, insurance
Insurance companies shall provide a premium discount or insurance
rate reduction in an amount and manner as established in subsection
D of this section and pursuant to Section 3 963 of this act only
when the company determines that the premium discount or rate
reduction is actuarially justified and there is sufficient and
credible evidence of cost savings title, which can be attributed to
the construction standards set forth in subsection B of this
section. A premium discount or rate reduction shall be available
under the terms specified in this section to any owner who builds or
locates a new insurable property in the State of Oklahoma to resist
loss due to tornado or other catastrophic windstorm events.
Insurance companies shall be required to offer such a premium
discount or rate reduction only when the insurer determines they are
actuarially justified and there is sufficient and credible evidence
of cost savings, which can be attributed to the construction
standards set forth in subsection B of this section. In addition,
insurance companies may also offer additional adjustments in
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deductible, other risk differentials, or a combination thereof,
collectively referred to as other adjustments.
B. To obtain the premium discount, rate reduction, or other
adjustment provided in this section, an insurable property located
in this state shall be certified as constructed in accordance with
Appendix Y X of the 2015 2018 Oklahoma Uniform Building Code, as
amended, including all tornado mitigation construction requirements,
as long as its standards are equal to or greater than the FORTIFIED
Home High Wind and Hail Standards as certified by the Institute for
Business and Home Safety (IBHS), or the FORTIFIED Home High Wind and
Hail Standards as may from time to time be adopted by the Institute
for Business and Home Safety or successor entity. An insurable
property shall be certified as conforming to the applicable building
code only after an inspection of the insurable property has been
satisfactorily completed by a certified or licensed building
inspector and certified to be conforming to the applicable building
code including all high wind and hail mitigation construction
requirements. An insurable property shall be certified as
conforming to the FORTIFIED Home High Wind and Hail Standards only
after evaluation and certification by an evaluator certified
pursuant to the FORTIFIED Home High Wind and Hail Standards.
C. An owner of insurable property claiming a premium discount,
rate reduction, or other adjustment pursuant to this section shall
maintain sufficient certification records and construction records
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including, but not limited to, a certification of compliance with
the applicable building code or the FORTIFIED Home High Wind and
Hail Standards provided in subsection B of this section, receipts
from contractors, receipts for materials and records from local
building officials. The records shall be subject to audit by the
Insurance Commissioner, or his or her representatives, and copies of
any such records shall be presented to the insurer or potential
insurer of a property owner before the premium discount, rate
reduction, or other adjustment becomes effective for the insurable
property.
D. Insurers that write policies that are subject to the premium
discount or rate reduction in this section and that are required to
submit rates and rating plans to the Commissioner pursuant to
Section 987 of Title 36 of the Oklahoma Statutes this title shall
submit a rating plan certified by their actuary as actuarially
justified providing for the premium discount or rate reduction
described in this section. An insurer is not required to provide
the same amount of premium discount, rate reduction, or other
adjustment for a building code insurable property as the insurer
would to an insurable property conforming to the FORTIFIED Home High
Wind and Hail Standards. A premium discount, rate reduction, or
other adjustment shall only apply to policies that provide wind or
hail coverage and to that portion of the premium for wind or hail
coverage. A premium discount, rate reduction, or other adjustment
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shall apply exclusively to the wind and hail premium applicable to
improved insurable property. If an insurer already offers an
actuarially justified a hail resistance discount, that hail-related
discount shall be deemed as having met the requirements of this act
as it pertains to hail-related discounts or rate reductions and no
additional hail-related discount or rate reduction shall be
required. If an insurer already offers an actuarially justified a
discount for IBHS FORTIFIED Home standards, that discount shall be
deemed as having met the requirements of this act as it pertains to
wind-related discounts or rate reductions and no additional wind-
related discount or rate reduction shall be required. Insurers
shall apply any applicable premium discount, rate reduction, or
other adjustment to the wind and hail premium at the policy renewal
that follows the submission of the certification to the insurer. At
the time of a policy renewal for which a premium discount, rate
reduction, or other adjustment has previously been made, the insurer
may request documentation or recertification that the fortified
standards as described in subsection C of this section continue to
be met. In addition to the requirements of this section, an insurer
may voluntarily offer any other mitigation adjustment that the
insurer deems appropriate.
SECTION 7. AMENDATORY 36 O.S. 2021, Section 962, is
amended to read as follows:
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Section 962. A. Commencing on April 1, 2018, insurance
Insurance companies shall provide a premium discount or insurance
rate reduction in an amount and manner as established in subsection
D of this section and pursuant to Section 3 963 of this act only
when the company determines that the premium discount or rate
reduction is actuarially justified and there is sufficient and
credible evidence of cost savings title, which can be attributed to
the construction standards set forth in subsection B of this
section. A premium discount or rate reduction shall be available
under the terms specified in this section to any owner who retrofits
his or her insurable property located in the State of Oklahoma to
resist loss due to tornado or other catastrophic windstorm events.
Insurance companies shall be required to offer a premium discount or
rate reduction only when the insurer has deemed the adjustments to
be actuarially justified and there is sufficient and credible
evidence of cost savings, which can be attributed to the
construction standards set forth in subsection B of this section.
In addition, insurance companies may also offer additional
adjustments in deductible, other risk differentials, or a
combination thereof, collectively referred to as other adjustments.
B. To obtain the premium discount, rate reduction, or other
adjustment provided in this section, an insurable property shall be
retrofitted to the FORTIFIED Home High Wind and Hail Standards, as
may from time to time be adopted by the Institute for Business and
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Home Safety (IBHS). Wind-Zone-3-HUD-Code manufactured homes
installed on a permanent foundation and retrofitted as defined in
the FORTIFIED Home High Wind and Hail Standards, as may from time to
time be adopted by the Institute for Business and Home Safety, shall
be eligible for the premium discount or rate reduction provided in
this section. An insurable property shall be certified as
conforming to FORTIFIED Home High Wind and Hail Standards only after
evaluation and certification by an evaluator certified pursuant to
the FORTIFIED Home High Wind and Hail Standards.
C. An owner of insurable property claiming a premium discount,
rate reduction, or other adjustment pursuant to this section shall
maintain sufficient certification records and construction records
including, but not limited to, a certification of compliance with
the FORTIFIED Home High Wind and Hail Standards as provided in
subsection B of this section, receipts from contractors, and
receipts for materials. The records shall be subject to audit by
the Insurance Commissioner, or his or her representatives, and
copies of any such records shall be presented to the insurer or
potential insurer of a property owner before the premium discount,
rate reduction, or other adjustment becomes effective for the
insurable property.
D. Insurers that write policies that are subject to the premium
discount or rate reduction in this section and that are required to
submit rates and rating plans to the Commissioner pursuant to
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Section 987 of Title 36 of the Oklahoma Statutes this title shall
submit rating plans certified by their actuary as actuarially
justified providing for the premium discounts or rate reductions
described in this section. A premium discount, rate reduction, or
other adjustment shall only apply to policies that provide wind or
hail coverage and to that portion of the premium for wind or hail
coverage. A premium discount, rate reduction, or other adjustment
shall apply exclusively to the wind and hail premium applicable to
improved insurable property. If an insurer already offers an
actuarially justified a hail resistance discount, that hail-related
discount shall be deemed as having met the requirements of this act
as it pertains to hail-related discounts or rate reductions and no
additional hail-related discount or rate reduction shall be
required. If an insurer already offers an actuarially justified a
discount for IBHS FORTIFIED Home standards, that discount shall be
deemed as having met the requirements of this act as it pertains to
wind-related discounts or rate reductions and no additional wind-
related discount or rate reduction shall be required. Insurers
shall apply the premium discount, rate reduction, or other
adjustment to the wind premium at the policy renewal that follows
the submission of the certification to the insurer. At the time of
a policy renewal for which a premium discount, rate reduction, or
other adjustment has previously been made, the insurer may request
documentation or recertification that the fortified standards as
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described in subsection C of this section continue to be met. In
addition to the requirements of this section, an insurer may
voluntarily offer any other mitigation adjustment that the insurer
deems appropriate.
SECTION 8. AMENDATORY 36 O.S. 2021, Section 1211, is
amended to read as follows:
Section 1211. A. 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, forfeit and pay to the State of
Oklahoma a civil penalty of not less than One Hundred Dollars
($100.00), nor more than One Thousand Dollars ($1,000.00) Twenty-
five Thousand Dollars ($25,000.00) for each violation.
B. The Commissioner may also direct the person against whom the
order was issued to make complete restitution, in the form, manner,
and amount and within the time period determined by the
Commissioner, to all Oklahoma residents, Oklahoma insureds, and
entities operating in Oklahoma damaged by the violation or failure
to comply.
SECTION 9. AMENDATORY 36 O.S. 2021, Section 1204, as
amended by Section 16, Chapter 360, O.S.L. 2024 (36 O.S. Supp. 2025,
Section 1204), is amended to read as follows:
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Section 1204. 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 made,
issued or circulated, any estimate, illustration, circular or
statement misrepresenting the terms of any policy issued or to be
issued or the benefits or advantages promised thereby or the
dividends or share of the surplus to be received thereon, or making
any false or misleading statement as to the dividends or share of
surplus previously paid on similar policies, or making any
misleading representation or any misrepresentation as to the
financial condition of any insurer, or as to the legal reserve
system upon which any life insurer operates, or using any name or
title of any policy or class of policies misrepresenting the true
nature thereof, or making any misrepresentation to any policyholder
insured in any company for the purpose of inducing or tending to
induce such policyholder to lapse, forfeit, or surrender his or her
insurance;
2. False information and advertising generally. Making,
publishing, disseminating, circulating, or placing before the
public, or causing, directly or indirectly, to be made, published,
disseminated, circulated, or placed before the public, in a
newspaper, magazine, or other publication, or in the form of a
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notice, circular, pamphlet, letter or poster, or over any radio or
television station, or in any other way an advertisement,
announcement or statement containing any assertion, representation
or statement with respect to the business of insurance or with
respect to any person in the conduct of his or her insurance
business which is untrue, deceptive or misleading. No insurance
company shall issue, or cause to be issued, any policy of insurance
of any type or description upon life, or property, real or personal,
whenever such policy of insurance is to be furnished or delivered to
the purchaser or bailee of any property, real or personal, as an
inducement to purchase or bail such property, real or personal, and
no other person shall advertise, offer or give free insurance,
insurance without cost or for less than the approved or customary
rate, in connection with the sale or bailment of real or personal
property, except as provided in Section 4101 of this title. No
person that is not an insurer shall assume or use any name which
deceptively infers or suggests that it is an insurer;
3. Defamation. Making, publishing, disseminating, or
circulating, directly or indirectly, or aiding, abetting or
encouraging the making, publishing, disseminating or circulating of
any oral or written statement or any pamphlet, circular, article or
literature which is false, or maliciously critical of or derogatory
to the financial condition of an insurer, and which is calculated to
injure any person engaged in the business of insurance;
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4. Boycott, coercion and intimidation. Entering into any
agreement to commit, or by any concerted action committing, any act
of boycott, coercion or intimidation resulting in or tending to
result in unreasonable restraint of, or monopoly in, the business of
insurance;
5. False financial statements. Filing with any supervisory or
other public official, or making, publishing, disseminating,
circulating or delivering to any person, or placing before the
public or causing directly or indirectly, to be made, published,
disseminated, circulated, delivered to any person or placed before
the public, any false statement of financial condition of an insurer
with intent to deceive.
Making any false entry in any book, report or statement of any
insurer with intent to deceive any agent or examiner lawfully
appointed to examine into its condition or into any of its affairs,
or any public official to whom such insurer is required by law to
report, or who has authority by law to examine into its condition or
into any of its affairs, or, with like intent, willfully omitting to
make a true entry of any material fact pertaining to the business of
such insurer in any book, report or statement of such insurer;
6. Stock operations and advisory board contracts. Issuing or
delivering or permitting agents, officers, or employees to issue or
deliver agency company stock or other capital stock, or benefit
certificates or shares in any common-law corporation, or securities
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or any special or advisory board contracts or other contracts of any
kind promising returns and profits as an inducement to insurance;
7. Unfair discrimination.
(a) Making or permitting any unfair discrimination between
individuals of the same class and equal expectation of
life in the rates charged for any contract of life
insurance or of life annuity or in the dividends or
other benefits payable thereon, or in any other of the
terms and conditions of such contract.
(b) Making or permitting any unfair discrimination between
individuals of the same class and of essentially the
same hazard in the amount of premium, policy fees, or
rates charged for any policy or contract of accident
or health insurance or in the benefits payable
thereunder, or in any of the terms or conditions of
such contract, or in any other manner whatever.
(c) As to kinds of insurance other than life and accident
and health, no person shall make or permit any unfair
discrimination in favor of particular persons, or
between insureds or subjects of insurance having
substantially like insuring, risk, and exposure
factors, or expense elements, in the terms or
conditions of any insurance contract, or in the rate
or amount of premium charged therefor. This paragraph
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shall not apply as to any premium rate in effect
pursuant to Article 9 of the Oklahoma Insurance Code;
8. Rebates.
(a) Except as otherwise expressly provided by law,
knowingly permitting or offering to make or making any
contract of insurance or agreement as to such contract
other than as plainly expressed in the contract issued
thereon; or paying or allowing, or giving or offering
to pay, allow or give, directly or indirectly, as
inducement to any contract of insurance, any rebate of
premiums payable on the contract, or any special favor
or advantage in the dividends or other benefits
thereon, or any valuable consideration or inducement
whatever not specified in the contract; except in
accordance with an applicable rate filing, rating plan
or rating system filed with and approved by the
Insurance Commissioner; or giving or selling or
purchasing or offering to give, sell, or purchase as
inducement to such insurance, or in connection
therewith, any stocks, bonds or other securities of
any company, or any dividends or profits accrued
thereon, or anything of value whatsoever not specified
in the contract or receiving or accepting as
inducement to contracts of insurance, any rebate of
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premium payable on the contract, or any special favor
or advantage in the dividends or other benefit to
accrue thereon, or any valuable consideration or
inducement not specified in the contract.
(b) Nothing in paragraph 7 or subparagraph (a) of this
paragraph shall be construed as including within the
definition of discrimination or rebates any of the
following practices:
(1) in the case of any contract of life insurance or
life annuity, paying bonuses to policyholders or
otherwise abating their premiums in whole or in
part out of surplus accumulated from
nonparticipating insurance, provided that any
such bonuses or abatement of premiums shall be
fair and equitable to policyholders and for the
best interest of the company and its
policyholders,
(2) in the case of life or accident and health
insurance policies issued on the industrial debit
or weekly premium plan, making allowance to
policyholders who have continuously for a
specified period made premium payments directly
to an office of the insurer in an amount which
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fairly represents the saving in collection
expense,
(3) making a readjustment of the rate of premium for
a policy based on the loss or expense experience
thereunder, at the end of the first or any
subsequent policy year of insurance thereunder,
which may be made retroactive only for such
policy year,
(4) in the case of life insurance companies, allowing
its bona fide employees to receive a commission
on the premiums paid by them on policies on their
own lives,
(5) issuing life or accident and health policies on a
salary saving or payroll deduction plan at a
reduced rate commensurate with the savings made
by the use of such plan, and
(6) paying commissions or other compensation to duly
licensed agents or brokers, or allowing or
returning to participating policyholders, members
or subscribers, dividends, savings or unabsorbed
premium deposits.
(c) As used in this section, the word "insurance" includes
suretyship and the word "policy" includes bond;
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9. Coercion prohibited. Requiring as a condition precedent to
the purchase of, or the lending of money upon the security of, real
or personal property, that any insurance covering such property, or
liability arising from the ownership, maintenance or use thereof, be
procured by or on behalf of the vendee or by the borrower in
connection with such purchase or loan through any particular person
or agent or in any particular insurer, or requiring the payment of a
reasonable fee as a condition precedent to the replacement of
insurance coverage on mortgaged property at the anniversary date of
the policy; provided, however, that this provision shall not prevent
the exercise by any such vendor or lender of the right to approve or
disapprove any insurer selected to underwrite the insurance, but any
disapproval of any insurer shall be on reasonable grounds;
10. Inducements. No insurer, agent, broker, solicitor, or
other person shall, as an inducement to insurance or in connection
with any insurance transaction, provide in any policy for or offer,
sell, buy, or offer or promise to buy, sell, give, promise, or allow
to the insured or prospective insured or to any other person in his
or her behalf in any manner whatsoever:
(a) any employment,
(b) any shares of stock or other securities issued or at
any time to be issued or any interest therein or
rights thereto,
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(c) any advisory board contract, or any similar contract,
agreement or understanding, offering, providing for,
or promising any special profits,
(d) any prizes, goods, wares, merchandise, or tangible
property of an aggregate value in excess of One
Hundred Dollars ($100.00), or
(e) any special favor, advantage or other benefit in the
payment, method of payment or credit for payment of
the premium through the use of credit cards, credit
card facilities, credit card lists, or wholesale or
retail credit accounts of another person. The
provisions of this paragraph shall not apply to
individual policies insuring against loss resulting
from bodily injury or death by accident as defined by
Article 44 of the Oklahoma Insurance Code;
11. Premature disposal of premium notes prohibited. No insurer
or agent thereof shall hypothecate, sell, or dispose of a promissory
note received in payment of any part of a premium on a policy of
insurance applied for prior to the delivery of the policy;
12. Fraudulent statement in application. Any insurance agent,
examining physician, or other person who knowingly or willfully
makes a false or fraudulent statement or representation in or
relative to an application for insurance, or who makes any such
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statement to obtain a fee, commission, money, or benefit, shall be
guilty of a misdemeanor;
13. Deceptive use of financial institution’s name in
notification or solicitation. Verbally or by any other means
notifying or soliciting any person in a manner that:
(a) mentions the name of an unrelated and unaffiliated
financial institution,
(b) mentions an insurance product or the possible lack of
insurance coverage,
(c) does not mention the actual or trade name of the
insurance agency or company on whose behalf the
notification or solicitation is provided, and
(d) thereby creates an impression or implication,
including by omission, that the financial institution
or a financial-institution-authorized entity is or may
be the one making the notification or solicitation.
Nothing in this paragraph shall be interpreted to prohibit the
reference to or use of the name of a financial institution made
pursuant to a contractual agreement between the insurer and the
financial institution; and
14. No insurer or prepaid vision plan organization as defined
in Section 1 6972 of this act title which offers multiple prepaid
vision plans may require as a condition of participation in any one
prepaid vision plan that a vision care provider participate in any
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of the other prepaid vision plans offered by the insurer or prepaid
vision plan organization; and
15. Insurers providing additional coverage for an additional
premium as an exception to ordinance or law exclusions shall
consider all building codes as being strictly enforced.
SECTION 10. AMENDATORY 36 O.S. 2021, Section 1212, is
amended to read as follows:
Section 1212. 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 violations of this title.
SECTION 11. AMENDATORY 36 O.S. 2021, Section 1250.4, is
amended to read as follows:
Section 1250.4. A. An insurer's claim files shall be subject
to examination by the Insurance Commissioner or by duly appointed
designees. Such files shall contain all notes and work papers
pertaining to a claim in such detail that pertinent events and the
dates of such events can be reconstructed. In addition, the
Insurance Commissioner, authorized employees and examiners shall
have access to any of an insurer's files that may relate to a
particular complaint under investigation or to an inquiry or
examination by the Insurance Department.
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B. Any person subject to the jurisdiction of the Commissioner,
upon receipt of any inquiry from the Commissioner shall, within
twenty (20) fourteen (14) calendar days from the date of receipt of
the inquiry, furnish the Commissioner with an adequate response to
the inquiry. The Commissioner may, upon good cause shown and on a
case-by-case basis, extend the time allowed for a response for up to
seven (7) additional calendar days. Any inquiry or response subject
to this subsection shall be delivered electronically. An extension
of fifteen (15) days shall be granted if an inquiry is made by
written request.
C. Every insurer, upon receipt of any pertinent written
communication including but not limited to e-mail email or other
forms of written electronic communication, or documentation by the
insurer of a verbal communication from a claimant which reasonably
suggests that a response is expected, shall, within thirty (30)
fourteen (14) calendar days after receipt thereof, furnish the
claimant with an adequate response to the communication.
D. Any violation by an insurer of this section shall subject
the insurer to discipline including a civil penalty of not less than
One Hundred Dollars ($100.00) nor more than Five Thousand Dollars
($5,000.00) Ten Thousand Dollars ($10,000.00).
SECTION 12. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1250.4a of Title 36, unless
there is created a duplication in numbering, reads as follows:
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A. The Insurance Commissioner's dispute resolution program
shall help consumers and insurance companies effectively,
economically, fairly, and timely resolve disputes with persons or
entities subject to the jurisdiction of the Insurance Commissioner
and related to insurance or service warranty claims. The dispute
resolution program shall be subject to the laws and protections of
the Dispute Resolution Act, Sections 1801 through 1813 of Title 12
of the Oklahoma Statutes, and the rules promulgated thereto.
B. Mediation may be requested only by the policyholder, as a
first-party claimant or the insurer.
C. Mediation is voluntary except that insurers shall
participate in any mediation requested by a first-party claimant
that meets the following criteria:
1. Involves an insurance claim under a personal residential
insurance policy or personal automobile insurance policy; and
2. No civil litigation has commenced relating to the claim to
be mediated.
D. For purposes of this section, the term "claim" refers to any
dispute between an insurer and a policyholder relating to a material
issue of fact other than a dispute:
1. With respect to which the insurer has a reasonable basis to
suspect fraud;
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2. When, based on all the information presented to the
Insurance Commissioner as to the cause of loss, there appears to be
no coverage under the policy;
3. With respect to which the insurer has a reasonable basis to
believe that the policyholder has intentionally made a material
misrepresentation of fact which is relevant to the claim, and the
entire request for payment of a loss has been denied on the basis of
the material misrepresentation;
4. When, based on all of the information presented to the
Insurance Commissioner, the policyholder appears to have suffered no
actual monetary or property loss;
5. When a claim is outside the time frames prescribed in
applicable law; or
6. When a claim has been paid in full prior to any mediation
conference held pursuant to this section.
E. A claim shall not be eligible for mediation unless it has
first been submitted and fully processed through the Oklahoma
Insurance Department's consumer complaint program.
F. All parties to the mediation must negotiate in good faith to
resolve the dispute and must have the authority to immediately
settle the claim; however, there is no requirement that the dispute
be resolved in mediation. If a written settlement is reached and
the policyholder is not represented by an attorney, the policyholder
has three (3) business days within which the policyholder may
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rescind the settlement unless the policyholder has cashed or
deposited any check, draft, or other payment made to the
policyholder as a result of the settlement. If a settlement
agreement is reached and is not rescinded, it shall be binding and
act as a release of all specific claims presented in the mediation
conference.
G. The mediation conference shall be held as scheduled by the
dispute resolution program coordinator. Upon application by any
party for a continuance, the program coordinator shall, for good
cause shown or if neither party objects, grant a continuance and
shall notify all parties of the date and place of the rescheduled
conference. Good cause also includes severe illness, injury, or
other emergency that could not be controlled by the party and could
not reasonably be remedied by the party prior to the conference by
providing a replacement representative or otherwise. Good cause
includes the necessity of obtaining additional information, securing
the attendance of a necessary professional, or the avoidance of
significant financial hardship. If the policyholder demonstrates to
the mediator the need for an expedited mediation conference due to
an undue hardship, the conference shall be conducted at the earliest
date convenient to all of the parties and the mediator. Undue
hardship will be demonstrated when holding the conference on a non-
expedited basis would interfere with or contradict the treatment of
a severe illness or injury, substantially impair a party's ability
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to assert their position at the conference, result in significant
financial hardship, or other reasonably justified grounds.
H. An insurer will be deemed to have failed to appear if the
insurer's representative lacks authority to settle the full value of
the claim. The authority to settle the claim includes the ability
to disburse the full settlement amount within ten (10) days of the
conclusion of the conference. The insurer shall produce at the
conference a copy of the policy.
I. Any violation by an insurer of this section shall subject
the insurer to discipline including a civil penalty of not more than
Ten Thousand Dollars ($10,000.00), in addition to any other
penalties provided for by law.
J. The Insurance Commissioner may adopt and promulgate rules
for the implementation and administration of this section,
including, but not limited to, the amount and who is responsible for
the payment of any fees in the event costs of the program are not
fully covered by the Administrative Office of the Courts, and the
expansion or restriction of eligibility criteria for claims subject
to mandatory and voluntary mediation under this section.
SECTION 13. AMENDATORY 36 O.S. 2021, Section 1250.6, is
amended to read as follows:
Section 1250.6. A. Every property and casualty insurer, within
thirty (30) fourteen (14) days after receiving notification of a
claim, shall acknowledge the receipt of such notification unless
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payment is made within such period of time. If an acknowledgement
is made by means other than writing, an appropriate notation of such
acknowledgement shall be made in the claim file of the property and
casualty insurer, and dated. Notification given to an agent of a
property and casualty insurer shall be notification to the insurer.
The acknowledgment shall include the Homeowner Claims Bill of Rights
set forth in Section 14 of this act.
B. Every property and casualty insurer, upon receiving
notification of a claim, promptly shall provide necessary claim
forms, instruction, and reasonable assistance so that first-party
claimants can comply with the policy conditions and the reasonable
requirements of the property and casualty insurer. Compliance with
this paragraph subsection within thirty (30) fourteen (14) days
after notification of a claim shall constitute compliance with
subsection A of this section.
C. Every property and casualty insurer must send the
policyholder a copy of any detailed estimate of the amount of the
loss within seven (7) days after the estimate is generated by an
insurer's adjuster. This subsection does not require that an
insurer create a detailed estimate of the amount of the loss if such
estimate is not reasonably necessary as part of the claim
investigation.
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SECTION 14. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1250.6a of Title 36, unless
there is created a duplication in numbering, reads as follows:
A. An insurer issuing a personal lines residential property
insurance policy in this state must provide a Homeowner Claims Bill
of Rights to policyholders on the insurer's company website. The
purpose of the bill of rights is to summarize, in simple,
nontechnical terms, existing Oklahoma law regarding the rights of a
personal lines residential property insurance policyholder who files
a claim of loss. The Homeowner Claims Bill of Rights is specific to
the claims process and does not represent all of a policyholder's
rights under Oklahoma law regarding the insurance policy. The
Homeowner Claims Bill of Rights does not enlarge, modify, or
contravene statutory requirements, including, but not limited to,
Sections 1204, 1250.6, 1250.7, and 6202 of Title 36 of the Oklahoma
Statutes and OAC 365:1-11, and does not prohibit an insurer from
exercising any right to repair damaged property in compliance with
the terms of an applicable policy. The Homeowner Claims Bill of
Rights must, at a minimum, state:
HOMEOWNER CLAIMS BILL OF RIGHTS
This Bill of Rights is specific to the claims process and
does not represent all of your rights under Oklahoma law
regarding your policy. This document does not prohibit an
insurer from exercising any right to repair damaged
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property in compliance with the terms of an applicable
policy.
YOU HAVE THE RIGHT TO:
1. Receive from your insurance company an acknowledgment of
your reported claim within fourteen (14) days after the time you
communicated the claim.
2. Receive from your insurance company within thirty (30) days
after you have submitted an executed proof of loss statement to your
insurance company, confirmation that your claim is accepted or
denied or if further investigation is necessary.
3. Receive from your insurance company a copy of any detailed
estimate of the amount of the loss within seven (7) days after the
estimate is generated by the insurance company's adjuster.
4. Receive from your insurance company within sixty (60) days
after you have submitted an executed proof of loss statement either:
a. full settlement payment for your claim or payment of
the undisputed portion of your claim,
b. denial of your claim, or
c. notice that the insurer needs more time to investigate
the claim and stating the reasons why.
5. If insurer provides notice that it needs more time to
investigate the claim, receive from your insurance company within
ninety (90) days after you have submitted an executed proof of loss
statement either:
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a. full settlement payment for your claim or payment of
the undisputed portion of your claim, or
b. denial of your claim.
In the event of a weather-related catastrophe or a major
natural disaster, as declared by the Governor, the
Insurance Commissioner may approve a request to extend
this deadline an additional twenty (20) days.
6. Contact the Oklahoma Insurance Department via telephone or
website for assistance with any insurance claim or questions
pertaining to the handling of your claim.
YOU ARE ADVISED TO:
1. File all claims directly with your insurance company.
2. Contact your insurance company before entering into any
contract for repairs to confirm any managed repair policy provisions
or optional preferred vendors.
3. Make and document emergency repairs that are necessary to
prevent further damage. Keep the damaged property, if feasible,
keep all receipts, and take photographs or video of damage before
and after any repairs to provide to your insurer.
4. Carefully read any contract that requires you to pay out-of-
pocket expenses or a fee that is based on a percentage of the
insurance proceeds that you will receive for repairing or replacing
your property.
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5. Confirm that the contractor you choose is licensed to do
business in Oklahoma. You can verify a contractor's license and
check to see if there are any complaints against him or her by using
the Oklahoma Construction Industries Board's website. You should
also ask the contractor for references from previous work.
6. Require all contractors to provide proof of insurance before
beginning repairs.
7. Take precautions if the damage requires you to leave your
home, including securing your property and turning off your gas,
water, and electricity, and contacting your insurance company and
provide a phone number where you can be reached.
B. Any violation of this section shall be a violation of the
Unfair Claims Settlement Practices Act, and the Insurance
Commissioner may, after notice and opportunity for a hearing,
subject an insurer to the civil penalties set forth in Sections
1250.13 and 1250.14 of this title, along with any other penalties
set forth in applicable law.
SECTION 15. AMENDATORY 36 O.S. 2021, Section 1250.7, is
amended to read as follows:
Section 1250.7. A. Within sixty (60) thirty (30) days after
receipt by a property and casualty insurer of properly executed
proofs of loss, the first-party claimant shall be advised of the
acceptance or denial of the claim by the insurer, or if further
investigation is necessary. No property and casualty insurer shall
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deny a claim because of a specific policy provision, condition, or
exclusion unless reference to such provision, condition, or
exclusion is included in the denial. A denial shall be given to any
claimant in writing, and the claim file of the property and casualty
insurer shall contain a copy of the denial. If there is a
reasonable basis supported by specific information available for
review by the Commissioner that the first-party claimant has
fraudulently caused or contributed to the loss, a property and
casualty insurer shall be relieved from the requirements of this
subsection. In the event of a weather-related catastrophe or a
major natural disaster, as declared by the Governor, the Insurance
Commissioner may extend the deadline imposed under this subsection
an additional twenty (20) days.
B. If a claim is denied for reasons other than those described
in subsection A of this section, and is made by any other means than
writing, an appropriate notation shall be made in the claim file of
the property and casualty insurer until such time as a written
confirmation can be made.
C. Every property and casualty insurer shall complete
investigation of a claim within sixty (60) days after notification
of proof of loss unless such investigation cannot reasonably be
completed within such time. If such investigation cannot be
completed, or if a property and casualty insurer needs more time to
determine whether a claim should be accepted or denied, it shall so
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notify the claimant in writing within sixty (60) days after receipt
of the proofs of loss, giving reasons why more time is needed. If
the investigation remains incomplete, a property and casualty
insurer shall, within sixty (60) days from the date of the initial
notification, send to such claimant a letter setting forth the
reasons additional time is needed for investigation. Except for an
investigation of possible fraud or arson which is supported by
specific information giving a reasonable basis for the
investigation, the time for investigation shall not exceed one
hundred twenty (120) ninety (90) days after receipt of proof of
loss. Provided, in the event of a weather-related catastrophe or a
major natural disaster, as declared by the Governor, the Insurance
Commissioner may extend this deadline for investigation an
additional twenty (20) days.
D. Within the applicable timelines set forth in subsection C of
this section, the insurer shall pay or deny such claim. If the
insurer's claim payment is less than specified in any insurer's
detailed estimate pursuant to subsection C of Section 1250.6 of this
title of the amount of the loss, the insurer must provide a
reasonable explanation in writing of the difference to the
policyholder. Any untimely payment of an initial or supplemental
claim or portion of such claim shall bear simple interest at the
rate of five percent (5%) per year. Interest begins to accrue from
the date the insurer receives notice of the claim. The provisions
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of this subsection may not be waived, voided, or nullified by the
terms of the insurance policy. If there is a right to prejudgment
interest, the insured must select whether to receive prejudgment
interest or interest under this subsection. Interest is payable
when the claim or portion of the claim is paid. Failure to comply
with this subsection constitutes a violation of this code. However,
failure to comply with this subsection does not form the sole basis
for a private cause of action.
E. Insurers shall not fail to settle first-party claims on the
basis that responsibility for payment should be assumed by others
except as may otherwise be provided by policy provisions.
E. F. Insurers shall not continue or delay negotiations for
settlement of a claim directly with a claimant who is neither an
attorney nor represented by an attorney, for a length of time which
causes the claimant's rights to be affected by a statute of
limitations, or a policy or contract time limit, without giving the
claimant written notice that the time limit is expiring and may
affect the claimant's rights. Such notice shall be given to first-
party claimants and third-party claimants one (1) year after the
date of the loss.
F. G. No insurer shall make statements which indicate that the
rights of a third-party claimant may be impaired if a form or
release is not completed within a given period of time unless the
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statement is given for the purpose of notifying a third-party
claimant of the provision of a statute of limitations.
G. H. If a lawsuit on the claim is initiated, the time limits
provided for in this section shall not apply.
I. If an insurer denies a homeowner's claim, in whole or in
part, based solely on the use of video recordings or photographs of
the loss using aerial imaging, including drones, driverless vehicle,
or other machine that can move independently or through remote
control, the insurer shall establish, if not already existing, a
process allowing the insured to appeal such denial within at least
thirty (30) days of the insured's receipt of the insurer's full and
final determination on the claim. A determination on the appeal
shall be completed, and the insured notified, within thirty (30)
days of the request of the appeal.
SECTION 16. AMENDATORY 36 O.S. 2021, Section 1250.14, is
amended to read as follows:
Section 1250.14. A. For any violation of the Unfair Claims
Settlement Practices Act, the Insurance Commissioner may, after
notice and hearing, subject an insurer to a civil penalty of not
less than One Hundred Dollars ($100.00) nor more than Five Thousand
Dollars ($5,000.00) Ten Thousand Dollars ($10,000.00) for each
occurrence. In addition to or in lieu of any fine amount, the
Insurance Commissioner may refuse to renew, suspend, put on
probation, or revoke an insurer's certificate of authority, license,
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or any other registration or similar approval to conduct business in
Oklahoma issued by the Insurance Commissioner. Such civil penalty
may be enforced in the same manner in which civil judgments may be
enforced.
B. The Insurance Commissioner may also direct the insurer
against whom the order was issued to make complete restitution, in
the form, manner, and amount and within the time period determined
by the Commissioner, to all Oklahoma residents, Oklahoma insureds,
and entities operating in Oklahoma damaged by the violation or
failure to comply.
SECTION 17. AMENDATORY 36 O.S. 2021, Section 3639.1, is
amended to read as follows:
Section 3639.1. A. No insurer shall cancel, refuse to renew or
increase the premium of a homeowner's insurance policy or any other
personal residential insurance coverage, which has been in effect
more than forty-five (45) days, solely because the insured filed a
first claim against the policy or submitted any number of inquiries
on the policy.
B. No insurer shall cancel, refuse to renew or otherwise
terminate, or increase the premium of a homeowner's insurance policy
or any other personal residential insurance coverage, including, but
not limited to solely, flood insurance, because of a claim that
occurred more than five (5) years before the effective date of the
policy or renewal for the same property regardless of prior
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ownership. No insurer shall refuse to underwrite risk for a
homeowner's insurance policy or any other personal residential
insurance coverage, including, but not limited to solely, flood
insurance, because of a claim that occurred more than five (5) years
before the date of application.
C. The provisions of this section shall not be construed to
prevent the cancellation, nonrenewal or increase in premium of a
homeowner's insurance policy for the following reasons:
1. Nonpayment of premium;
2. Discovery of fraud or material misrepresentation in the
procurement of the insurance or with respect to any claims submitted
thereunder;
3. Discovery of willful or reckless acts or omissions on the
part of the named insured which increase any hazard insured against;
4. A change in the risk which substantially increases any
hazard insured against after insurance coverage has been issued or
renewed;
5. Violation of any local fire, health, safety, building, or
construction regulation or ordinance with respect to any insured
property or the occupancy thereof which substantially increases any
hazard insured against;
6. A determination by the Insurance Commissioner that the
continuation of the policy would place the insurer in violation of
the insurance laws of this state; or
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7. Conviction of the named insured of a crime having as one of
its necessary elements an act increasing any hazard insured against.
B. D. An insurer shall give to the named insured at the mailing
address shown on a homeowner's policy, a written renewal notice that
shall include new premium, new deductible, new limits or coverage at
least thirty (30) days prior to the expiration date of the policy.
If the insurer fails to provide such notice, the premium,
deductible, limits and coverage provided to the named insurer prior
to the change shall remain in effect until notice is given or until
the effective date of replacement coverage obtained by the named
insured, whichever occurs first. If notice is given by mail, the
notice shall be deemed to have been given on the day the notice is
mailed. If the insured elects not to renew, any earned premium for
the period of extension of the terminated policy shall be calculated
pro rata at the lower of the current or previous year's rate. If
the insured accepts the renewal, the premium increase, if any, and
other changes shall be effective the day following the prior
policy's expiration or anniversary date.
C. E. In the event an insured cancels a homeowner's insurance
policy or any other personal residential insurance coverage, written
notice shall be provided by the insured to the insurer that provided
the coverage being canceled. The notice of cancellation shall
provide the date of the cancellation of the policy and the insurer
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shall reimburse the insured for any premiums paid for coverage
beyond the date of cancellation of the policy.
D. F. An insurer canceling a policy under subsection C E of
this section shall not be liable for claims arising after the date
of cancellation.
G. If an insurer denies a homeowner's claim, in whole or in
part, reduces coverage, refuses to issue, or refuses to renew a
homeowner's policy based solely on the use of video recordings or
photographs of the loss using aerial imaging, including drones,
driverless vehicle, or other machine that can move independently or
through remote control, the insurer shall establish, if not already
existing, a process allowing the homeowner to appeal such denial
within at least thirty (30) days of the homeowner's receipt of the
insurer's full and final determination on the claim or decision to
reduce coverage, refusal to issue, or refusal to renew the
homeowner's policy. The insurer's evaluation of an appeal pursuant
to this subsection shall include an in-person inspection of the
loss. A determination on the appeal shall be completed, and the
homeowner notified, within thirty (30) days of the request of the
appeal.
H. An insurer shall not refuse to issue or refuse to renew a
homeowner's policy insuring a residential structure with a roof that
is less than fifteen (15) years old solely because of the age of the
roof.
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I. 1. For a roof that is at least fifteen (15) years old, an
insurer must allow a homeowner to have a roof inspection performed
by an authorized inspector at the homeowner's expense before
requiring the replacement of the roof of a residential structure as
a condition of issuing or renewing a homeowner's insurance policy.
The insurer may not refuse to issue or refuse to renew a homeowner's
insurance policy solely because of roof age if an inspection of the
roof of the residential structure performed by an authorized
inspector indicates that the roof has five (5) years or more of
useful life remaining.
2. As used in this section, the term "authorized inspector"
means an inspector who is approved by the insurer and who is:
a. a licensed adjuster as defined in Section 6202 of this
title,
b. a licensed home inspector as defined in Section 858-
622 of Title 59 of the Oklahoma Statutes,
c. a building code inspector certified under Section
1000.23 of Title 59 of the Oklahoma Statutes,
d. a registered roofing contractor pursuant to Section
1151.3 of Title 59 of the Oklahoma Statutes,
e. a professional engineer licensed under Section 475.12a
of Title 59 of the Oklahoma Statutes, or
f. a professional architect licensed under Section 46.8a
of Title 59 of the Oklahoma Statutes.
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3. For purposes of this section, a roof's age shall be
calculated using the last date on which one hundred percent (100%)
of the roof's surface area was built or replaced in accordance with
the building code in effect at that time or the initial date of a
partial roof replacement with subsequent partial roof builds or
replacements that result in one hundred percent (100%) of the roof's
surface area being built or replaced.
J. For purposes of subsection A of this section, the following
definitions shall apply:
1. "Claim" means a contact with an insurer by an insured or
third party, as an assignee of the policy benefits, for the purpose
of seeking payment. A claim shall not include a report of loss by
the insured or any subsequent inquiries or inspection of loss if:
a. no payment if made,
b. the report of loss is withdrawn by the insured, or
c. coverage is denied by the insurer; and
2. "Inquiry" means a request for information regarding the
terms, conditions, or coverages offered under a property and
casualty insurance policy that does not result in a claim.
SECTION 18. This act shall become effective July 1, 2027.
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Passed the House of Representatives the 24th day of March, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2026.
Presiding Officer of the Senate