Oklahoma § 36-110 - Application as to particular types of insurers

§ 36-110. Application as to particular types of insurers

No provision of the Oklahoma Insurance Code, Section 101 et seq.

of this title, shall apply to:

1. Nonprofit hospital service and medical indemnity

corporations, except as stated in Sections 601 et seq. and 2601 et

seq. of this title;

2. Fraternal benefit societies, except as stated in Section

2701.1 et seq. of this title;

3. Farmers' mutual fire insurance associations, except as

stated in Section 2801 et seq. of this title;

4. Mutual benefit associations, except as stated in Section

2401 et seq. of this title;

5. Domestic burial associations;

6. Any domestic association organized subject to the

supervision or by the authority of any incorporated Grange Order of

Patrons of Husbandry, when the association is formed exclusively for

the mutual benefit of the members of such order. Effective January

1, 1982, The Oklahoma State Union of the Farmers' Educational and

Cooperative Union of America shall comply with all provisions of the

Oklahoma Insurance Code;

7. Trust companies organized pursuant to the provisions of

Title 6 of the Oklahoma Statutes except that the title insurance and

Oklahoma Statutes - Title 36. Insurance

surety insurance business of such trust companies shall be subject

to the Oklahoma Insurance Code;

8. Soliciting agents of mutual insurance corporations or

associations, operating only in this state, that issue no stock or

other form of security, do not operate for profit, and have none of

their funds inure to the benefit of individuals except in the form

of less expensive insurance and necessary expenses of operation, if

provisions are made in the bylaws of the insurer for the election of

any soliciting agents by a majority of the policyholders in the area

where the soliciting agent solicits insurance;

9. The Mutual Aid Association of the Church of the Brethren or

the Mutual Aid Association of the Mennonite and Brethren in Christ;

10. Incorporated or unincorporated banking associations having

been in existence for over fifteen (15) years and consisting of more

than seventy-five (75) member banks within this state for issuance

of blanket fidelity bonds for banks within this state for each

bank's own use, or any nonprofit trust sponsored by such

associations' member banks providing employee benefits such as life,

health, accident, disability, pension and retirement benefits for

banks, bank holding companies and subsidiaries thereof, the

associations' employees and associate members;

11. A religious organization, or members of the organization,

if the organization:

a.

is a nonprofit religious organization,

b.

is limited to participants who are members of the same

religion,

c.

acts as an organizational clearinghouse for

information between participants who have financial,

physical or medical needs and participants with the

present ability to pay for the benefit of those

participants with present financial or medical needs.

Nothing in this subparagraph shall prevent the

organization from establishing qualifications of

participation relating to the health of the

prospective participant, nor shall it prevent the

participants from limiting the financial or medical

needs that may be eligible for payment among the

participants,

d.

provides for the financial or medical needs of a

participant through payments directly from one

participant to another, and

e.

suggests amounts that participants may voluntarily

give with no assumption of risk or promise to pay

either among the participants or between the

participants and the organization. Nothing in this

subparagraph shall prevent the organization from

cancelling the membership of a participant if the

Oklahoma Statutes - Title 36. Insurance

participant indicates unwillingness to participate by

failing to make a payment to another participant for a

period in excess of sixty (60) days; or

12. Charitable organizations that:

a.

are described in Section 501(c)(3) of the Internal

Revenue Code and Section 170(c) of the Internal

Revenue Code,

b.

issue qualified charitable gift annuity contracts,

c.

have a minimum of One Hundred Thousand Dollars

($100,000.00) in unrestricted assets that are

exclusive of the assets comprising its qualified

charitable gift annuities, and

d.

have been in continuous operation for at least three

(3) years or are successors or affiliates of a

charitable organization that has been in continuous

operation for at least three (3) years,

except as stated in the Oklahoma Charitable Gift Annuity Act.

Added by Laws 1957, p. 216, § 110. Amended by Laws 1975, c. 334, §

1, emerg. eff. June 12, 1975; Laws 1979, c. 56, § 1, emerg. eff.

April 11, 1979; Laws 1982, c. 190, § 1, operative Oct. 1, 1982; Laws

1984, c. 110, § 1, eff. Nov. 1, 1984; Laws 1988, c. 83, § 3, emerg.

eff. March 25, 1988; Laws 1993, c. 34, § 1, emerg. eff. April 2,

1993; Laws 1994, c. 118, § 1, eff. Sept. 1, 1994; Laws 1996, c. 249,

§ 1, emerg. eff. May 28, 1996; Laws 1997, c. 418, § 2, eff. Nov. 1,

1997; Laws 1998, c. 141, § 13, emerg. eff. April 21, 1998; Laws

2008, c. 352, § 1, eff. Nov. 1, 2008.