Oklahoma § 36-1106 - Surplus lines - Brokers

§ 36-1106. Surplus lines - Brokers

If insurance required to protect the interest of the insured for

the amount of insurance, coverage terms and solvency requirements of

the insured cannot be procured from admitted insurers after inquiry

in the market available to the insurance producer, then insurance

may be procured from surplus lines insurers subject to the following

conditions:

1. The surplus lines insurer shall meet the requirements of the

Unauthorized Insurers and Surplus Lines Insurance Act and the

following conditions:

a.

the insurer has capital and surplus or its equivalent

under the laws of its domiciliary jurisdiction which

equals the greater of:

(1) the minimum capital and surplus requirements

under the laws of this state for nonadmitted

insurers, or

(2) Fifteen Million Dollars ($15,000,000.00),

b.

the requirements of subparagraph a of this paragraph

may be satisfied by an insurer's possessing less than

the minimum capital and surplus upon an affirmative

finding of acceptability by the Insurance

Commissioner. The finding shall be based upon such

factors as quality of management, capital and surplus

of any parent company, company underwriting profit and

investment income trends, market availability and

company record and reputation within the industry. In

no event shall the Insurance Commissioner make an

affirmative finding of acceptability when the

nonadmitted insurer's capital and surplus is less than

Four Million Five Hundred Thousand Dollars

($4,500,000.00), and

c.

the insurer, if an alien insurer, is listed on the

National Association of Insurance Commissioners

Nonadmitted Insurers Quarterly Listing; and

Oklahoma Statutes - Title 36. Insurance

2. The insurance shall be procured through a licensed surplus

lines licensee or broker licensed in the insurer's home state. An

Oklahoma surplus lines license is required only where Oklahoma is

the home state of the insured.

For the purposes of carrying out the provisions of the

Nonadmitted and Reinsurance Reform Act of 2010, the Insurance

Commissioner is authorized to utilize the national insurance

producer database of the National Association of Insurance

Commissioners, or any other equivalent uniform national database,

for the licensure of an individual or entity as a surplus lines

licensee or broker and for renewal of such license.

Added by Laws 1957, p. 257, § 1106, operative July 1, 1957. Amended

by Laws 1986, c. 134, § 3, emerg. eff. April 17, 1986; Laws 1991, c.

146, § 1, eff. Sept. 1, 1991; Laws 1993, c. 79, § 4, eff. Sept. 1,

1993; Laws 2006, c. 94, § 1, eff. Nov. 1, 2006; Laws 2010, c. 222, §

15, eff. Nov. 1, 2010; Laws 2011, c. 278, § 11; Laws 2011, c. 360, §

11; Laws 2012, c. 45, § 9, emerg. eff. April 16, 2012; Laws 2012, c.

365, § 2, emerg. eff. June 8, 2012; Laws 2014, c. 415, § 1, emerg.

eff. June 3, 2014; Laws 2018, c. 95, § 2, eff. Nov. 1, 2018.