Oklahoma § 36-6103.2 - “Insurer”, “venue” and “doing insurance business in

§ 36-6103.2. “Insurer”, “venue” and “doing insurance business in

this state” defined - Exceptions.

A. Unless otherwise indicated, the term "insurer" as used in

Sections 6103.1 through 6103.11 of this title includes all legal

entities, associations, and individuals engaged as principals in the

business of insurance and also includes interinsurance exchanges,

mutual benefit societies and insurance exchanges and syndicates.

B. The venue of any act listed in this section shall be

Oklahoma County.

C. Any one of the following acts in this state effected by mail

or otherwise is defined to be doing an insurance business 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,

Oklahoma Statutes - Title 36. Insurance

c.

d.

the processing of claims, and

the receiving or collection of any premiums,

commissions, membership fees, assessments, dues or

other consideration for any insurance or any part

thereof;

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 in 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. This provision shall not apply to:

a.

any program otherwise authorized by law that is

established by any political subdivision of this state

or under the provisions of Sections 1001 through 1008

of Title 74 of the Oklahoma Statutes, or

b.

a multiple employer welfare arrangement as defined in

Section 3 of the Employee Retirement Income Security

Act of 1974, 29 U.S.C., Section 1002(40)(A), as

amended, that holds a valid license issued by the

Insurance Commissioner or is exempt from state

Oklahoma Statutes - Title 36. Insurance

regulation pursuant to subsection B of Section 634 of

this title;

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. The doing 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; or

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

insurer.

D. The definition of a bail bond shall be the same as the

definition of a bond in Section 1301 of Title 59 of the Oklahoma

Statutes. The business of bail bonds shall be all aspects of acting

as a bail bondsman including, but not limited to, depositing or

pledging cash or real property as security for an appearance bond in

a criminal judicial proceeding, or executing or countersigning bail

bonds for an insurer or professional bondsman in connection with an

appearance bond in criminal judicial proceedings, and charging and

receiving money for these services. The business of bail bonds

shall also include solicitation for a bail bond, as defined in

Section 1301 of Title 59 of the Oklahoma Statutes.

E. The provisions of this section do not apply to:

1. The lawful transaction of surplus lines insurance;

2. Life, accident and health insurance or annuities provided to

educational or scientific institutions organized and operated

without profit to any private shareholder or individual for the

benefit of such institutions or individuals engaged in the service

of such institutions;

3. The lawful transaction of reinsurance by insurers;

4. Transactions in this state involving a policy lawfully

solicited, written and delivered outside of this state covering only

subjects of insurance not resident, located or expressly to be

performed in this state at the time of issuance, and which

transactions are subsequent to the issuance of such policy; or

5. Any individual who is not required to have a bail bondsman

license, as provided in Section 1303 of Title 59 of the Oklahoma

Statutes.

Added by Laws 1994, c. 294, § 12, eff. Sept. 1, 1994. Amended by

Laws 1997, c. 418, § 103, eff. Nov. 1, 1997; Laws 2009, c. 176, §

37, eff. Nov. 1, 2009.