Oklahoma § 36-902.2 - Factors for review of filing - Weight - Prohibited

§ 36-902.2. Factors for review of filing - Weight - Prohibited

expenses.

A. The Insurance Commissioner when reviewing a filing shall

give due consideration to the following when, in its discretion, it

determines that such factor or factors are applicable:

1. Past loss experience within and outside this state;

2. Prospective loss experience within and outside this state;

3. Physical hazards insured;

4. Safety and loss prevention programs;

5. Underwriting practices and judgment;

6. Catastrophe hazards;

7. Reasonable underwriting profit and contingencies;

8. Dividends, savings or unabsorbed premium deposits allowed or

returned to policyholders;

9. Past expenses within and outside this state;

Oklahoma Statutes - Title 36. Insurance

10. Prospective expenses within and outside this state;

11. Existence of classification rates for a given risk;

12. Investment income within and outside this state;

13. Rarity or peculiarity of the risks within and outside this

state;

14. In the case of workers' compensation rates, differences in

the hazard levels of different geographical regions of the state;

15. All other relevant factors within and outside this state;

and

16. Whether existing rates continue to meet the standards of

this article.

B. The Commissioner shall determine the weight to be accorded

each of the factors contained in subsection A of this section.

C. Past or prospective expenses within or outside this state

pursuant to paragraphs 9 and 10 of subsection A of this section

shall not include prohibited expenses for advertising or prohibited

expenses for membership in organizations.

For the purpose of this subsection:

1. “Prohibited expenses for advertising" means the cost of

advertising in any media the purpose of which is to influence

legislation or to advocate support for or opposition to a candidate

for public office;

2. “Prohibited expenses for advertising" shall not mean:

a.

any communication to customers and the public of

information regarding an insurer's insurance products,

b.

any communication to customers and the public of

safety, safety education or loss prevention

information,

c.

periodic publications or reports to stockholders or

members required by the certificate or bylaws of the

insurer,

d.

any communication with customers and the public which

provides instruction in the use of the insurer's

products and services, or

e.

any communication with customers and the public for

giving notice or information required by law or

otherwise necessary;

3. “Prohibited expenses for membership" means the cost of

membership in any organization which conducts substantial efforts,

including but not limited to prohibited expenses for advertising,

the purpose of which is to influence legislation or to advocate

support for or opposition to a candidate for public office; and

4. “Prohibited expenses for membership" shall not mean the cost

of membership in advisory organizations or other organizations the

primary purpose of which is to provide statistical information on

losses.

Oklahoma Statutes - Title 36. Insurance

Added by Laws 1987, c. 210, § 18, eff. July 1, 1987. Amended by

Laws 1993, c. 349, § 23, eff. Sept. 1, 1993; Laws 1994, c. 129, § 3,

eff. Sept. 1, 1994; Laws 1997, c. 418, § 34, eff. Nov. 1, 1997; Laws

2004, c. 519, § 6, eff. Nov. 1, 2004; Laws 2006, c. 264, § 15, eff.

July 1, 2006.