Oklahoma § 36-1101 - Representation of unauthorized insurers prohibited

§ 36-1101. Representation of unauthorized insurers prohibited

A. No person in Oklahoma shall in any manner:

1. Represent or assist any nonadmitted insurer in the

soliciting, procuring, placing, or maintenance of any nonadmitted

insurance coverage upon or with relation to any subject of insurance

resident, located, or to be performed in Oklahoma without being a

surplus lines licensee or broker as defined in the Unauthorized

Insurers and Surplus Lines Insurance Act; or

2. Inspect or examine any risk or collect or receive any

premium on behalf of any nonadmitted insurer without being a surplus

lines broker or licensee as defined in the Unauthorized Insurers and

Surplus Lines Insurance Act.

Oklahoma Statutes - Title 36. Insurance

B. Any person transacting insurance or acting as a surplus

lines broker or licensee in violation of this section shall be

liable to the insured for the performance of any contract between

the insured and the insurer resulting from the transaction.

C. This section shall not apply as to reinsurance, to surplus

line insurance lawfully procured pursuant to the Unauthorized

Insurers and Surplus Lines Insurance Act, to transactions exempt

under Section 606 of this title (Authorization of Insurers and

General Qualifications), or to professional services of an adjuster

or attorney-at-law from time to time with respect to claims under

policies lawfully solicited, issued, and delivered outside of

Oklahoma.

D. The investigation and adjustment of any claim in this state

arising under an insurance contract issued by a nonadmitted insurer

shall not be deemed to constitute the transacting of the business of

insurance in this state.

E. Nonadmitted insurers shall contract with the trustees of any

fund which will insure residents in this state in a manner

consistent with the requirements, nature and scope of the

Unauthorized Insurers and Surplus Lines Insurance Act.

Added by Laws 1957, p. 256, § 1101, operative July 1, 1957. Amended

by Laws 1976, c. 98, § 1, emerg. eff. May 10, 1976; Laws 2010, c.

222, § 10, eff. Nov. 1, 2010; Laws 2011, c. 278, § 7 and Laws 2011,

c. 360, § 7; Laws 2012, c. 45, § 4, emerg. eff. April 16, 2012.

NOTE: Laws 2011, c. 278, § 7 and Laws 2011, c. 360, § 7 made

identical changes to this section.