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An Act
ENROLLED SENATE
BILL NO. 1876 By: Reinhardt of the Senate
and
Tedford of the House
An Act relating to service of process; amending 36
O.S. 2021, Sections 621 and 622, which relate to
service of process on foreign insurers; modifying
persons that may be appointed as agent; modifying
revocability of agent appointment; requiring certain
agent information be submitted to the Insurance
Commissioner; providing for alternate service of
process in certain circumstances; modifying manner of
service of process; updating statutory language; and
providing an effective date.
SUBJECT: Service of process on foreign insurers
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 36 O.S. 2021, Section 621, is
amended to read as follows:
Section 621. A. Each authorized foreign or alien insurer shall
appoint the Insurance Commissioner, a resident of this state, or a
person who is authorized to do business in this state as its agent
to receive service of legal process, other than a subpoena, issued
against it in this state upon any cause of action arising from its
transaction of business in this state. The appointment shall be
irrevocable, shall bind any successor and shall remain in effect as
long as there is in force in this state any contract made by the
insurer or obligations arising therefrom.
ENR. S. B. NO. 1876 Page 2
B. Service of such process against a foreign or alien insurer
shall be made only by service of process upon the Insurance
Commissioner agent appointed pursuant to subsection A of this
section. Service of process against a domestic insurer may be made
upon the insurer in the manner provided by laws applying to business
entities generally, or upon the insurer’s attorney-in-fact if a
reciprocal insurer or a Lloyds Lloyd’s association.
C. Each such insurer at the time of application for a
certificate of authority shall file with the Insurance Commissioner
designation of the name and address of the person to whom process
against it served upon the Insurance Commissioner agent appointed
pursuant to subsection A of this section is to be forwarded. The
insurer may change such designation by a new filing.
D. Any insurer appointing a registered agent other than the
Insurance Commissioner shall electronically submit the name and
address of the registered agent in the manner and form prescribed by
the Commissioner along with any applicable fee. Registered agent
names and addresses shall be made publicly available and kept
current, and any changes to such information shall be submitted to
the Commissioner within five (5) business days of such change.
E. If a person reasonably relies on the list of registered
agents maintained by the Insurance Commissioner pursuant to this
section and serves otherwise valid process on an insurance company’s
designated registered agent, and it is later determined that the
registered agent listed by the Commissioner is incorrect, the person
may serve process upon the Commissioner. Such process shall be
served upon the Commissioner and a copy forwarded by the
Commissioner to the insurer in accordance with Section 622 of this
title. If the person uses due diligence to serve the Commissioner,
the applicable statute of limitations shall be tolled for the period
of time beginning when the incorrect registered agent received
process and ending when the Commissioner receives process.
SECTION 2. AMENDATORY 36 O.S. 2021, Section 622, is
amended to read as follows:
Section 622. A. Triplicate copies of legal process against an
insurer for whom the Insurance Commissioner is agent shall be served
upon the Commissioner at the principal offices of the Insurance
ENR. S. B. NO. 1876 Page 3
Department. When legal process against an insurer for whom the
Insurance Commissioner is agent is issued, it shall be served in
triplicate by any manner now provided by law or in lieu thereof by
mailing triplicate copies of such legal process in the United States
mails with postage prepaid to the Insurance Commissioner with return
receipt requested, in which event service shall be sufficient upon
showing of proof of mailing to the Commissioner with the return
receipt attached. At the time of service, the plaintiff shall pay
to the Insurance Commissioner Twenty Dollars ($20.00), taxable as
costs in the action. Upon receiving service, the Insurance
Commissioner shall promptly forward a copy thereof by mail with
return receipt requested to the person last so designated by the
insurer to receive the same.
B. Process served upon the Insurance Commissioner and copy
thereof forwarded Copies of the petition and summons forwarded by
the Commissioner to the insurer’s designated registered agent as
provided in this section shall constitute service upon the insurer.
SECTION 3. This act shall become effective November 1, 2026.
ENR. S. B. NO. 1876 Page 4
Passed the Senate the 9th day of March, 2026.
Presiding Officer of the Senate
Passed the House of Representatives the 6th day of May, 2026.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of __________________, 20 _______, at _______ o'clock _______ M.
By: _________________________________