Oklahoma § 36-6103.3 - Engaging in the business of insurance without statutory

§ 36-6103.3. Engaging in the business of insurance without statutory

authorization - Remedies of Insurance Commissioner.

A. For the purposes of Sections 6103.1 through 6103.11 of this

title, "person" shall include an individual, a partnership, a

corporation, a limited liability company, an association, a joint

Oklahoma Statutes - Title 36. Insurance

stock company, a trust, an unincorporated organization, any similar

group, entity or any combination of the foregoing acting in concert.

B. No person or insurer shall directly or indirectly do any of

the acts of an insurance business set forth in Sections 6103.1

through 6103.11 of this title, except as provided by and in

accordance with the specific authorization of statute. In respect

to the insurance of subjects resident, located or to be performed

within this state, this section shall not prohibit the collection of

premium or other acts performed outside of this state by persons or

insurers authorized to do business in this state provided such

transactions and insurance contracts otherwise comply with statute.

C. Any person which the Insurance Commissioner has reason to

believe is doing any of the acts specified in Section 6103.2 of this

title, upon written request by the Commissioner, shall immediately

provide to the Commissioner such information as requested in

relation to such acts.

D. A person or entity who violates any provision of Sections

6103.1 through 6103.11 of this title is subject to a civil penalty

of not more than Ten Thousand Dollars ($10,000.00) for each act of

violation and for each day of violation to be recovered as provided

in this section.

E. Whenever the Commissioner has reason to believe or it

appears that any person or insurer has violated or is threatening to

violate any provision of Sections 6103.1 through 6103.11 of this

title or any rule promulgated pursuant thereto, or that any person

or insurer acting in violation of Sections 6103.1 through 6103.11 of

this title has engaged in or is threatening to engage in any unfair

method of competition or any unfair or deceptive act or practice as

defined by Section 1201 et seq. of this title or any rule

promulgated pursuant thereto, the Commissioner may:

1. Issue an ex parte cease and desist order under the

procedures provided by Sections 6103.5 and 6103.6 of this title;

2. Institute in the district court of Oklahoma County a civil

suit for injunctive relief to restrain the person from continuing

the violation or threat of violation;

3. Institute in the district court of Oklahoma County a civil

suit to recover a civil penalty as provided for in this section; or

4. Exercise any combination of the acts provided for in this

subsection.

F. On application for injunctive relief and a finding that a

person is violating or threatening to violate any provision of

Sections 6103.1 through 6103.11 of this title, the district court

shall grant the injunctive relief and the injunction shall be issued

without bond.

G. The remedies provided in Sections 6103.1 through 6103.11 of

this title for administrative action against unauthorized insurers

shall also apply to unauthorized individuals or persons engaged in

Oklahoma Statutes - Title 36. Insurance

the business of bail bonds or any other business which is subject to

the jurisdiction of the Insurance Commissioner.

H. This section shall not be construed to limit the Insurance

Commissioner to the remedies specified herein. It is the intent of

the Legislature that persons engaging in the business of insurance,

or any other business for which authorization from the Insurance

Commissioner is required, without statutory authorization constitute

an imminent peril to the public welfare and should immediately be

stopped and enjoined from doing so, provided, the Insurance

Commissioner and the State of Oklahoma should be able to choose at

any time any available remedy or action to bring about such a result

without regard to prior proceedings under this section.

Added by Laws 1994, c. 294, § 13, eff. Sept. 1, 1994. Amended by

Laws 1997, c. 418, § 104, eff. Nov. 1, 1997; Laws 2009, c. 176, §

38, eff. Nov. 1, 2009; Laws 2015, c. 298, § 13, eff. Nov. 1, 2015.