Oklahoma § 36-3639.1 - Personal residential insurance - Cancellation,

§ 36-3639.1. Personal residential insurance - Cancellation,

nonrenewal or increase in premium for filing first claim - Notice.

A. No insurer shall cancel, refuse to renew or increase the

premium of a homeowner's insurance policy or any other personal

residential insurance coverage, which has been in effect more than

forty-five (45) days, solely because the insured filed a first claim

against the policy. The provisions of this section shall not be

construed to prevent the cancellation, nonrenewal or increase in

premium of a homeowner's insurance policy for the following reasons:

1. Nonpayment of premium;

2. Discovery of fraud or material misrepresentation in the

procurement of the insurance or with respect to any claims submitted

thereunder;

3. Discovery of willful or reckless acts or omissions on the

part of the named insured which increase any hazard insured against;

4. A change in the risk which substantially increases any

hazard insured against after insurance coverage has been issued or

renewed;

5. Violation of any local fire, health, safety, building, or

construction regulation or ordinance with respect to any insured

property or the occupancy thereof which substantially increases any

hazard insured against;

6. A determination by the Insurance Commissioner that the

continuation of the policy would place the insurer in violation of

the insurance laws of this state; or

7. Conviction of the named insured of a crime having as one of

its necessary elements an act increasing any hazard insured against.

B. An insurer shall give to the named insured at the mailing

address shown on a homeowner's policy, a written renewal notice that

shall include new premium, new deductible, new limits or coverage at

least thirty (30) days prior to the expiration date of the policy.

If the insurer fails to provide such notice, the premium,

deductible, limits and coverage provided to the named insurer prior

to the change shall remain in effect until notice is given or until

the effective date of replacement coverage obtained by the named

insured, whichever occurs first. If notice is given by mail, the

notice shall be deemed to have been given on the day the notice is

mailed. If the insured elects not to renew, any earned premium for

the period of extension of the terminated policy shall be calculated

pro rata at the lower of the current or previous year's rate. If

Oklahoma Statutes - Title 36. Insurance

the insured accepts the renewal, the premium increase, if any, and

other changes shall be effective the day following the prior

policy's expiration or anniversary date.

C. In the event an insured cancels a homeowner's insurance

policy or any other personal residential insurance coverage, written

notice shall be provided by the insured to the insurer that provided

the coverage being canceled. The notice of cancellation shall

provide the date of the cancellation of the policy and the insurer

shall reimburse the insured for any premiums paid for coverage

beyond the date of cancellation of the policy.

D. An insurer canceling a policy under subsection C of this

section shall not be liable for claims arising after the date of

cancellation.

Added by Laws 1990, c. 178, § 1, eff. Sept. 1, 1990. Amended by

Laws 2011, c. 278, § 27, eff. Nov. 1, 2011; Laws 2012, c. 44, § 11,

eff. Nov. 1, 2012; Laws 2021, c. 478, § 21, emerg. eff. May 12,

2021.