Oklahoma § 36-1902 - Delinquency proceedings – Jurisdiction – Arbitration –

§ 36-1902. Delinquency proceedings – Jurisdiction – Arbitration –

Venue - Appeal.

A. The district court is vested with exclusive original

jurisdiction of delinquency proceedings pursuant to the provisions

of this article, and is authorized to make all necessary and proper

orders to carry out the purposes of this article.

B. Except as to claims against the estate, nothing in this

article shall deprive a party in interest of any contractual right

to pursue arbitration of any dispute under any law. Where an

insurer subject to this article is a party to an arbitration

proceeding, the venue of such arbitration proceeding shall be in

Oklahoma County.

C. In addition to grounds otherwise provided by law, the

following persons are subject to the personal jurisdiction of the

district court:

1. Current and former agents and brokers of the insurer;

2. Policy holders and reinsurers of the insurer;

3. Current and former officers, directors, managers, trustees,

organizers, promoters, and any other persons in control of the

insurer; and

Oklahoma Statutes - Title 36. Insurance

4. Any third party administrator for an insurer and any person

that maintains information for an insurer.

D. Notwithstanding any other provision in this article, this

section shall not confer jurisdiction on the district court to

resolve coverage disputes between guaranty associations and those

asserting claims against an association resulting from the

initiation of a delinquency proceeding under this article except to

the extent that the guaranty association has otherwise expressly

consented to such jurisdiction pursuant to a plan of rehabilitation

or liquidation that resolves its obligations to covered

policyholders.

E. The determination of any dispute with respect to the

statutory obligations of any guaranty association by a court or

administrative agency or body with jurisdiction in the state of

domicile of the guaranty association shall be binding and conclusive

as to the parties in a delinquency proceeding initiated in the

district court, including, without limitation, the policyholders of

the insurer.

F. The venue of delinquency proceedings against any insurer

shall be in Oklahoma County.

G. No person other than the Insurance Commissioner, his

attorney, or the Attorney General representing the Insurance

Commissioner shall appear in the courts of this state requesting the

appointment of a receiver or otherwise commence delinquency

proceedings to take over, liquidate, rehabilitate, reorganize, or

conserve an insurer and no court shall entertain a petition for the

commencement of such proceedings unless the same has been filed in

the name of the state on the relation of the Insurance Commissioner.

H. An appeal shall lie to the Supreme Court from an order

granting or refusing rehabilitation, liquidation, or conservation,

and from every other order in delinquency proceedings having the

character of a final order as to the particular portion of the

proceedings embraced therein.

Added by laws 1957, p. 294, § 1802. Renumbered from § 1802 of this

title by Laws 1975, c. 316, § 12, emerg. eff. June 12, 1975.

Amended by Laws 1983, c. 68, § 11, eff. Nov. 1, 1983; Laws 1999, c.

333, § 2, eff. July 1, 1999.