Oklahoma § 42-45 - Insurance agent's lien

§ 42-45. Insurance agent's lien

A. Every insurance agent licensed as such under the laws of

this state who shall pay the premium on any policy of insurance to

an insurer for and on behalf of any person to whom such policy is

issued shall have a lien upon all refunds, proceeds or other funds

payable to the insured under the provisions of such policy for all

sums due the agent for the premium on any policy of insurance

procured by the agent for the insured.

B. No such lien shall be effective unless a written statement

setting forth the amount claimed, identifying the insurance policy

or policies against which the lien is asserted, and containing the

name and address of the insured, the insurer, and the agent shall be

filed in the office of the county clerk of the county in which the

insured resides or has its principal place of business. The

statement shall be signed by the insurance agent and verified by

affidavit. The statement shall be recorded by the county clerk on

the mechanics and materialman's lien docket.

C. Immediately upon filing the lien statement, the insurance

agent shall mail, by certified or registered mail, postage prepaid,

a copy of such statement with a statement of the date of filing

thereof to the insured and the insurer at the address indicated for

each on the insurance policy or policies against which the lien is

asserted or at their last-known address if a later address is known.

D. Upon receipt of a copy of such lien statement the insurer or

insurers named in the statement shall withhold from any sums

thereafter payable to the insured under the provisions of any policy

identified in the statement an amount equal to the claim of the

insurance agent until the lien is released or otherwise discharged

in proceedings to enforce the lien.

Added by Laws 1985, c. 136, § 1, eff. Nov. 1, 1985.