Oklahoma § 15-141.13 - See the following versions:

§ 15-141.13. See the following versions:

OS 15-141.13v1 (HB 2715, Laws 2016, c. 72, § 1).

OS 15-141.13v2 (SB 541, Laws 2024, c. 225, § 7).

§15-141.13v1. Service warranty forms.

A. No service warranty form or related form shall be issued or

used in this state unless the form has been filed with and approved

by the Insurance Commissioner.

B. Each filing of a form shall be made not less than thirty

(30) days in advance of its issuance or use. At the expiration of

thirty (30) days from date of filing, a form so filed shall be

deemed approved unless prior thereto it has been affirmatively

disapproved by written order of the Commissioner.

C. Each service warranty contract shall contain a cancellation

provision. In the event the contract is canceled by the warranty

holder, return of the provider fee shall be based upon ninety

percent (90%) of the unearned pro rata provider fee less the actual

cost of any service provided under the service warranty contract.

In the event the contract is canceled by the association, return of

premium shall be based upon one hundred percent (100%) of unearned

pro rata provider fee less the actual cost of any service provided

under the service warranty contract.

D. Service contracts shall state the name, address and license

number of the service warranty association and shall identify any

administrator if different from the service warranty association,

the service contract seller and the service contract holder to the

extent that the name of the service contract holder has been

furnished by the service contract holder. For service contracts

issued on and after July 1, 2017, the identity of the service

warranty association and its license number shall either be

preprinted on the service contract or added by printer at the time

Oklahoma Statutes - Title 15. Contracts

of sale so consumers can clearly identify the obligor of the service

contract. Information to be printed at the time of sale shall be

indicated as such at the time the service contract is filed for

approval and a "Jane Doe" specimen shall accompany the service

contract illustrating how the service contract will look after

printing.

E. The Commissioner shall disapprove any form filed pursuant to

this section if the form:

1. Violates the Service Warranty Act;

2. Is misleading in any respect; or

3. Is reproduced so that any material provision is

substantially illegible.

F. The Insurance Commissioner may, by order, exempt from the

requirements of this section for so long as he or she deems proper

any document or form or type thereof as specified in such order, to

which, in his or her discretion, this section may not practicably be

applied, or the filing and approval of which are, in his or her

opinion, not desirable or necessary for the protection of the

public.

Added by Laws 2012, c. 150, § 13, eff. Nov. 1, 2012. Amended by

Laws 2016, c. 72, § 1, eff. Nov. 1, 2016.

§15-141.13v2. Service warranty forms.

A. No service warranty form or related form shall be issued or

used in this state unless the form has been filed with the Insurance

Commissioner. Service warranty forms shall not be subject to prior

approval and shall be filed with the Insurance Commissioner for

informational purposes only.

B. Each service warranty contract shall contain a cancelation

provision. In the event the contract is canceled by the warranty

holder, return of the provider fee shall be based upon ninety

percent (90%) of the unearned pro rata provider fee less the actual

cost of any service provided under the service warranty contract.

In the event the contract is canceled by the association, return of

premium shall be based upon one hundred percent (100%) of unearned

pro rata provider fee less the actual cost of any service provided

under the service warranty contract.

C. Service warranties shall state the name and address of the

service warranty association and shall identify any administrator if

different from the service warranty association, the service

warranty seller and the service warranty holder to the extent that

the name of the service warranty holder has been furnished by the

service warranty holder. For service warranties issued on and after

July 1, 2017, the identity of the service warranty association and

its license number shall be preprinted on the service warranty or

added at the time of sale so consumers can clearly identify the

obligor of the service warranty. Information to be printed at the

Oklahoma Statutes - Title 15. Contracts

time of sale shall be indicated as such at the time the service

warranty is filed and a “Jane Doe” specimen shall accompany the

service warranty illustrating how the service warranty will look

after printing.

Each person and service warranty association shall

electronically submit, in the form and manner prescribed by the

Commissioner, any change of legal business name, “doing business as”

or assumed name, address, or contact email address within thirty

(30) days after the change occurred, and any fees deemed necessary

by the Commissioner. Any submission of a change under this

paragraph received more than thirty (30) days after the change

occurs shall be accompanied by a fee of Fifty Dollars ($50.00).

D. The Commissioner shall have the authority to immediately

order a service warranty association to stop using any service

warranty contract if the Commissioner determines that the form:

1. Violates the Service Warranty Act;

2. Is misleading in any respect; or

3. Is reproduced so that any material provision is

substantially illegible.

E. The Insurance Commissioner may, by order, exempt from the

requirements of this section for so long as he or she deems proper

any document or form or type thereof as specified in such order, to

which, in his or her discretion, this section may not practicably be

applied, or the filing of which is, in his or her opinion, not

desirable or necessary for the protection of the public.

Added by Laws 2012, c. 150, § 13, eff. Nov. 1, 2012. Amended by

Laws 2016, c. 64, § 1; Laws 2017, c. 10, § 5, eff. Nov. 1, 2017;

Laws 2017, c. 241, § 1, eff. Nov. 1, 2017; Laws 2024, c. 225, § 7,

eff. Nov. 1, 2024.