Oklahoma § 36-4024 - Limit of liability - Life insurance policy application

§ 36-4024. Limit of liability - Life insurance policy application

denial.

A. No policy of life insurance shall be delivered or issued for

delivery in this state if it contains a provision which excludes or

restricts liability for death caused in a certain specified manner

or occurring while the insured has a specified status, except that a

policy may contain provisions excluding or restricting coverage as

specified therein in the event of death under any one or more of the

following circumstances:

1. Death as a result of a declared war or military action.

2. Death resulting from violations of the conditions of the

policy relating to service, travel, or flight in any species of

aircraft, other than as a fare-paying passenger in a licensed

passenger aircraft, piloted by a licensed passenger pilot on a

regular passenger route between definitely established airports.

3. Death within two (2) years from the date of issue of the

policy as a result of suicide, while sane or insane; provided, that

in the event of death as a result of suicide within two (2) years

from the date of issue of the policy the insurer shall return the

amount of all premiums paid.

B. A policy which contains any exclusion or restriction

pursuant to paragraphs 1 and 2 of subsection A of this section shall

also provide that in the event of death under the circumstances to

which any such exclusion or restriction is applicable, the insurer

Oklahoma Statutes - Title 36. Insurance

will pay an amount not less than a reserve determined according to

the reserve valuation method and upon the basis of the mortality

table and interest rate specified in the policy for the calculation

of nonforfeiture benefits (or if the policy provides for no such

benefits, computed according to a mortality table and interest rate

determined by the insurer and specified in the policy) with

adjustment for indebtedness or dividend credit.

C. A life insurance company doing business within this state

shall not deny or refuse to accept an application for life insurance

or refuse to renew, cancel, restrict, or otherwise terminate a

policy of life insurance, or charge a different rate for the same

life insurance coverage, based upon the lawful travel destinations

of the applicant or the insured. Nothing in this subsection shall

prohibit a life insurance company from denying an application for

life insurance, or restricting or charging a different premium or

rate for coverage under such a policy based on a specific travel

destination where the denial, restriction, or rate differential is

based upon sound actuarial principles or is related to actual or

anticipated experience. A violation of this subsection shall be an

unfair trade practice pursuant to Section 1250.5 of this title. The

provisions of this subsection shall apply to any life insurance

policy issued on or after the effective date of this act.

D. This section shall not apply to group life insurance,

accident and health insurance, reinsurance, or annuities, or to any

provision in a life insurance policy relating to disability benefits

or to additional benefits in the event of death by accident or

accidental means, except as provided in subsection C of this

section.

Added by Laws 1957, p. 374, § 4024. Amended by Laws 2012, c. 105, §

2.