Oklahoma § 36-3101 - Definitions

§ 36-3101. Definitions

As used in this act:

1. "Commissioner" means the Commissioner of Insurance, his or

her assistants or deputies, or other persons authorized to act for

him or her;

2. "Company" means any person, firm, copartnership, company,

association or corporation engaged in selling, furnishing or

procuring, either as principal or producer, for a consideration,

motor club service;

3. "Producer" means an insurance producer or a limited lines

producer who solicits the purchase of service contracts or transmits

for another any such contract, or application therefor, to or from

the company, or acts or aids in any manner in the delivery or

negotiation of any such contract, or in the renewal or continuance

thereof. This, however, shall not include any person performing

only work of a clerical nature in the office of the motor club;

4. "Towing service" means any act by a company which consists

of towing or moving a motor vehicle from one place to another under

other than its own power;

5. "Emergency road service" means any act by a company to

adjust, repair or replace the equipment, tires or mechanical parts

of a motor vehicle so it may operate under its own power; or

reimbursement of expenses incurred by a member when his or her motor

vehicle is unable to operate under its own power;

6. "Insurance service" means any act to sell or give to the

holder of a service contract or as a result of membership in or

affiliation with a company a policy of insurance covering the holder

for liability or loss for personal injury or property damage

resulting from the ownership, maintenance, operation or use of a

motor vehicle;

7. "Bail bond service" means any act by a company to furnish or

procure a cash deposit, bond or other undertaking required by law

for any person accused of a law violation of this state, pending

trial;

8. "Discount service" means any act by a company resulting in

special discounts, rebates or reductions of price on gasoline, oil,

Oklahoma Statutes - Title 36. Insurance

repairs, insurance, parts, accessories or service for motor vehicles

to holders of service contracts;

9. "Financial service" means any act by a company to loan or

otherwise advance monies, with or without security, to a service

contract holder;

10. "Buying and selling service" means any act by a company to

aid the holder of a service contract in the purchase or sale of an

automobile;

11. "Theft service" means any act by a company to locate,

identify or recover a stolen or missing motor vehicle owned or

controlled by the holder of a service contract or to detect or

apprehend the person guilty of such theft;

12. "Map service" means any act by a company to furnish road

maps without cost to holders of service contracts;

13. "Touring service" means any act by a company to furnish

touring information without cost to holders of service contracts;

14. "Legal service" means any act by a company to furnish to a

service contract holder, without cost, the services of an attorney;

15. "Motor service club" means the rendering, furnishing or

procuring of, or reimbursement for three or more of the following:

towing service, emergency road service, insurance service, bail bond

service, legal service, discount service, financial service, buying

and selling service, theft service, map service, and touring service

to any person, in connection with the ownership, operation, use, or

maintenance of a motor vehicle by such person, that has membership,

for consideration; and

16. "Service contract" means any written agreement whereby any

company, for a consideration, promises to render, furnish or procure

for any person motor club service.

Added by Laws 1973, c. 127, § 1, emerg. eff. May 9,1973. Amended by

Laws 1987, c. 175, § 23, eff. Nov. 1, 1987; Laws 2021, c. 478, § 18,

emerg. eff. May 12, 2021; Laws 2022, c. 154, § 2, eff. Nov. 1, 2022.