Oklahoma § 36-404 - Business of insurance

§ 36-404. Business of insurance

Any one of the following acts in this state affected by mail or

otherwise is defined to be doing the business of insurance in this

state:

1. The making of or proposing to make, as an insurer, an

insurance contract;

2. The making of or proposing to make, as guarantor or surety,

any contract of guaranty or suretyship as a vocation and not merely

incidental to any other legitimate business or activity of the

guarantor or surety;

3. The taking or receiving of any application for insurance;

4. Maintaining any agency or office where any acts in

furtherance of an insurance business are transacted, including but

not limited to:

a.

the execution of contracts of insurance with citizens

of this or any other state,

b.

maintaining files or records of contracts of

insurance,

c.

the processing of claims, and

d.

the receiving or collection of any premiums,

commissions, membership fees, assessments, dues or

other consideration for any insurance or any part

thereof;

Oklahoma Statutes - Title 36. Insurance

5. The issuance or delivery of contracts of insurance to

residents of this state or to persons authorized to do business in

this state;

6. Directly or indirectly acting as an agent for, or otherwise

representing or aiding on behalf of another, any person or insurer

in:

a.

the solicitation, negotiation, procurement or

effectuation of insurance or renewals thereof,

b.

the dissemination of information as to coverage or

rates, or forwarding of applications, or delivery of

policies or contracts,

c.

inspection of risks,

d.

fixing of rates or investigation or adjustment of

claims or losses,

e.

the transaction of matters subsequent to effectuation

of the contract and arising out of it, or

f.

in any other manner representing or assisting a person

or insurer in the transaction of insurance with

respect to subjects of insurance resident, located or

to be performed in this state.

Provided, the provisions of this paragraph shall not operate to

prohibit full-time salaried employees of a corporate insured from

acting in the capacity of an insurance manager or buyer in placing

insurance on behalf of such employer;

7. Contracting to provide indemnification or expense

reimbursement in this state to persons domiciled in this state or

for risks located in this state, whether as an insurer, agent,

administrator, trust, funding mechanism, or by any other method, for

any type of medical expenses including, but not limited to,

surgical, chiropractic, physical therapy, speech pathology,

audiology, professional mental health, dental, hospital, or

optometric expenses, whether this coverage is by direct payment,

reimbursement, or otherwise;

8. The doing of any kind of insurance business specifically

recognized as constituting the doing of an insurance business within

the meaning of the statutes relating to insurance;

9. Ownership in whole or in part, directly or indirectly, of

any entity involved in the business of insurance;

10. Acquiring or assisting others in the acquisition or

attempted acquisition of any entity involved in the business of

insurance;

11. Possessing a license, registration or permit issued or

approved by the Insurance Commissioner;

12. Any other transactions of business in this state by an

insurance company, producer, title insurance producer, adjuster,

third-party administrator, service warranty association, title

Oklahoma Statutes - Title 36. Insurance

insurer or any other person that is licensed by or registered with

the Insurance Commissioner; or

13. The doing of or proposing to do any insurance business in

substance equivalent to any of the foregoing in a manner designed to

evade the provisions of the statutes.

Added by Laws 2008, c. 184, § 4, eff. July 1, 2008.