Oklahoma § 36-953.1 - Exceptions by insurers to certain events influencing

§ 36-953.1. Exceptions by insurers to certain events influencing

credit information – Request by insured or applicant.

Oklahoma Statutes - Title 36. Insurance

A. Notwithstanding any other law or regulation, an insurer that

uses credit information shall, upon written request from an

applicant for insurance coverage or an insured upon a form provided

by the Insurance Commissioner, provide reasonable exceptions to the

rate of the insurer, rating classifications, company or tier

placement or underwriting rules or guidelines for a consumer who has

experienced and whose credit information has been directly

influenced by any of the following events:

1. Catastrophic event declared by the federal or state

government;

2. Serious illness or injury, or serious illness or injury to

an immediate family member;

3. Death of an immediate family member;

4. Divorce or involuntary interruption of legally owed alimony

or support payments;

5. Identity theft;

6. Temporary loss of employment for a period of three (3)

months or more, if it results from involuntary termination;

7. Military deployment overseas; and

8. Other events, as determined by the Insurance Commissioner.

B. If an applicant or insured submits a request for an

exception as provided in subsection A of this section, an insurer

may, in its sole discretion:

1. Require the consumer to provide reasonable written and

independently verifiable documentation of the event;

2. Require the consumer to demonstrate that the event had

direct and meaningful impact on the credit information of the

consumer;

3. Require the request be made no more than sixty (60) days

from the date of the application for insurance or the policy

renewal;

4. Grant an exception despite the consumer not providing the

initial request for an exception in writing; or

5. Grant an exception to requiring a written request where the

consumer asks for a consideration of repeated events or the insurer

has considered this event previously.

C. An insurer is in compliance with any other provision of law

or Insurance Department rule relating to underwriting, rating or

rate filing notwithstanding the granting an exception under this

section. Nothing in this section shall be construed to provide a

consumer or other insured with a cause of action that does not exist

in the absence of this section.

D. The insurer shall provide notice to consumers, either at the

time of acceptance of an insurance application or at policy renewal,

that reasonable exceptions are available and information about how

the consumer may inquire further.

Added by Laws 2021, c. 478, § 3, emerg. eff. May 12, 2021.

Oklahoma Statutes - Title 36. Insurance