Oklahoma Code § 36-1100.1

Title 36. Insurance: Definitions
Open in Lexace · Ask the AI about this section
As used in the Unauthorized Insurers and Surplus Lines Insurance
Act:
1.  "Admitted insurer" means, with respect to a state, an
insurer that is licensed to transact the business of insurance in
such state;
2.  "Home state" means:
a. except as provided in subparagraphs b through e of
this paragraph, with respect to an insured:
(1) the state in which an insured maintains its
principal place of business or, in the case of an
individual, the individual's principal residence,
or
(2) if one hundred percent (100%) of the insured risk
is located out of the state referred to in
division (1) of this subparagraph, the state to
which the greatest percentage of the insured's
taxable premium for the insurance contract is
allocated,
b. with respect to determining the home state of the
insured, "principal place of business" means:
(1) the state where the insured maintains its
headquarters and where the insured's high-level
officers direct, control and coordinate the
business activities, or
(2) if the insured maintains its headquarters or the
insured's high-level officers direct, control and
coordinate the business activities outside
Oklahoma, the state to which the greatest
percentage of the insured's taxable premium for
that insurance contract is allocated,
c. with respect to determining the home state of the
insured, "principal residence" means:

(1) the state where the insured resides for the
greatest number of days during the calendar year,
or
(2) if the insured's principal residence is located
outside any state, the state to which the
greatest percentage of the insured's taxable
premium for that insurance is allocated,
d. if more than one insured from an affiliated group are
named insureds on a single nonadmitted insurance
contract, the term "home state" means the home state,
as determined pursuant to division (1) of subparagraph
a of this paragraph, of the member affiliated group
that has the largest percentage of premium attributed
to it under such insurance contract, or
e. when the group policyholder pays one hundred percent
(100%) of the premium from its own funds, the term
"home state" means the home state, as determined
pursuant to division (1) of subparagraph a of this
paragraph, of the group policyholder.  When the group
policyholder does not pay one hundred percent (100%)
of the premium from its own funds, the term "home
state" means the home state, as determined pursuant to
division (1) of subparagraph a of this paragraph, or
of the group member;
3.  "Independently procured insurance" means insurance procured
by an insured directly from a nonadmitted insurer;
4.  "Licensed" means, with respect to an insurer, authorization
to transact the business of insurance in a state by a license,
certificate of authority, charter or otherwise;
5.  "Multistate risk" means a risk covered by a nonadmitted
insurer with insured exposures in more than one state;
6.  "Nonadmitted insurance" means any property and casualty
insurance permitted in a state to be placed directly through a
surplus lines licensee or broker with a nonadmitted insurer eligible
to accept such insurance.  For purposes of the Unauthorized Insurers
and Surplus Lines Insurance Act, nonadmitted insurance includes
independently procured insurance and surplus lines insurance;
7.  "Nonadmitted insurer" means, with respect to a state, an
insurer not licensed to engage in the business of insurance in such
state, but shall not include a risk retention group as that term is
defined under applicable federal law;
8.  "Single-state risk" means a risk insured with insured
exposures in only one state;
9.  "Surplus lines insurance" means insurance procured by a
nonadmitted licensee or broker from a surplus lines insurer as
permitted under the law of the insured's home state; and

10.  "Surplus lines licensee" or "surplus lines broker" means an
individual, firm or corporation that is licensed in the insured's
home state to sell, solicit, or negotiate insurance, including the
agent of record on a nonadmitted insurance policy, on properties,
risks or exposures located or to be performed in a state allowing
nonadmitted insurers to do business.

‹ Prev All Oklahoma sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.