Oklahoma § 36-941 - Certain cancellation, refusal to renew or increase of

§ 36-941. Certain cancellation, refusal to renew or increase of

premium rate for motor vehicle liability or collision insurance

policies prohibited - Exemptions.

A. No insurance carrier who issues motor vehicle insurance

policies in this state shall assign driving record points, cancel,

refuse to issue or renew, or charge a higher premium rate for any

motor vehicle liability or collision insurance policy for the reason

that the insured has been involved in a motor vehicle collision and

was not at fault.

B. No insurance carrier who issues motor vehicle insurance

policies in this state shall cancel, refuse to issue or renew, or

charge a higher premium for any motor vehicle liability or collision

insurance policy for the reason that the insured had lower liability

limits with a previous insurer without actuarial justification.

This prohibition includes using prior limits for company or tier

placement unless the insurer provides actuarial justification.

C. This section shall not apply to an insured who has been

convicted of:

1. Homicide or assault arising out of the operation of any

motor vehicle; or

2. A violation of Section 11-902 or 761 of Title 47 of the

Oklahoma Statutes as being impaired by or under the influence of

alcohol or intoxicating liquor or who was under the influence of any

Oklahoma Statutes - Title 36. Insurance

substance included in the Uniform Controlled Dangerous Substances

Act.

Added by Laws 1980, c. 99, § 1, eff. Oct. 1, 1980. Amended by Laws

1984, c. 254, § 4, eff. Nov. 1, 1984; Laws 1988, c. 27, § 1, eff.

Nov. 1, 1988. Renumbered from § 7-508 of Title 47 by Laws 1988, c.

27, § 4, eff. Nov. 1, 1988. Amended by Laws 2001, c. 363, § 10,

eff. July 1, 2001; Laws 2004, c. 519, § 10, eff. Nov. 1, 2004; Laws

2005, c. 1, § 38, emerg. eff. March 15, 2005.

NOTE: Laws 2004, c. 96, § 1 repealed by Laws 2005, c. 1, § 39,

emerg. eff. March 15, 2005.