Oklahoma § 36-2043 - Advertising prohibited - Exemptions - Preparation of

§ 36-2043. Advertising prohibited - Exemptions - Preparation of

summary document - Disclaimer - Notice of noncoverage.

A. No person, including a member insurer, agent or affiliate of

a member insurer, shall make, publish, disseminate, circulate or

place before the public, or cause directly or indirectly to be made,

published, disseminated, circulated or placed before the public, in

any newspaper, magazine or other publication, or in the form of a

notice, circular, pamphlet, letter or poster, or over any radio

station or television station, or in any other way, any

advertisement, announcement or statement which uses the existence of

the Oklahoma Life and Health Insurance Guaranty Association of this

state for the purpose of sales, solicitation or inducement to

purchase any form of insurance or other coverage covered by the

Oklahoma Life and Health Insurance Guaranty Association Act.

Oklahoma Statutes - Title 36. Insurance

Provided, however, that this section shall not apply to the Oklahoma

Life and Health Insurance Guaranty Association or any other entity

which does not sell or solicit insurance or coverage by a health

maintenance organization.

B. The Association shall have a summary document describing the

general purposes and current limitations of the Association and

complying with subsection C of this section. This document shall

have been submitted to, and approved by, the Insurance Commissioner.

Sixty (60) days after receiving such approval, no member insurer

shall deliver a policy or contract described in paragraph 1 of

subsection B of Section 2025 of this title to a policy owner,

contract owner, certificate holder or enrollee unless the document

is delivered to the policy or contract holder prior to or at the

time of delivery of the policy or contract, except if subsection D

of this section applies. The document should also be available upon

request by a policy owner, contract owner, certificate holder or

enrollee. The distribution, delivery or contents or interpretation

of this document shall not mean that either the policy or the

contract or the holder thereof would be covered in the event of

impairment or insolvency of a member insurer. The description

document shall be revised by the Association as amendments to the

act may require. Failure to receive this document does not give the

policyholder, contract holder, certificate holder, enrollee or

insured any greater rights than those stated in this act.

C. The document prepared under subsection B of this section

shall contain a clear and conspicuous disclaimer on its face. The

Commissioner shall promulgate a rule establishing the form and

content of the disclaimer. The disclaimer shall:

1. State the name and address of the life and health insurance

guaranty association and insurance department;

2. Prominently warn the policy owner, contract owner,

certificate holder or enrollee that the Life and Health Insurance

Guaranty Association may not cover the policy or contract or, if

coverage is available, it will be subject to substantial

limitations, exclusions and conditioned on continued residence in

the state;

3. State that the member insurer and its agents are prohibited

by law from using the existence of the Oklahoma Life and Health

Insurance Guaranty Association for the purpose of sales,

solicitation or inducement to purchase any form of insurance or

health maintenance organization coverage;

4. Emphasize that the policy or contract holder should not rely

on coverage under the Oklahoma Life and Health Insurance Guaranty

Association when selecting an insurer;

5. Provide other information as directed by the Commissioner.

D. No insurer or agent may deliver a policy or contract

described in paragraph 1 of subsection B of Section 2025 of this

Oklahoma Statutes - Title 36. Insurance

title, but excluded under subparagraph a of paragraph 2 of

subsection B of Section 2025 of this title from coverage under the

Oklahoma Life and Health Insurance Guaranty Association Act, unless

the insurer or agent, prior to or at the time of delivery, gives the

policy owner, contract owner, certificate holder or enrollee a

separate written notice which clearly and conspicuously discloses

that the policy or contract is not covered by the Life and Health

Insurance Guaranty Association. The Commissioner shall by rule

specify the form and content of the notice.

Added by Laws 1981, c. 133, § 23. Amended by Laws 1987, c. 177, §

8, eff. Nov. 1, 1987; Laws 2019, c. 384, § 12, eff. Nov. 1, 2019.