Oklahoma Life & Health Insurance Guaranty Ass'n v. Hilti Retirement Savings Plan & Bancoklahoma Trust Co.

1996 OK 25, 939 P.2d 1110, 68 O.B.A.J. 898, 1997 Okla. LEXIS 28
CourtSupreme Court of Oklahoma
DecidedMarch 11, 1997
Docket82447
StatusPublished
Cited by13 cases

This text of 1996 OK 25 (Oklahoma Life & Health Insurance Guaranty Ass'n v. Hilti Retirement Savings Plan & Bancoklahoma Trust Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Oklahoma Life & Health Insurance Guaranty Ass'n v. Hilti Retirement Savings Plan & Bancoklahoma Trust Co., 1996 OK 25, 939 P.2d 1110, 68 O.B.A.J. 898, 1997 Okla. LEXIS 28 (Okla. 1997).

Opinions

HODGES, Justice.

The issues in this case are (1) whether the 1988 amendments to the Oklahoma Life and Health Insurance Guaranty Act, Okla.Stat. tit. 36, §§ 2021^3 (1991) (1991 Act), or the pre-amended Act, Oklahoma Life and Health Insurance Guaranty Act, Okla.Stat. tit. 36, [1111]*1111§§ 2021-43 (Supp.1987) (1987 Act), is the applicable statutory authority, and (2) whether the Guaranteed Annuity Contracts which are the subject of this lawsuit are covered by the applicable act.

I. THE FACTS

On December 14, 1987, Baneoklahoma Trust Company, the trustee of the Hilti Retirement Savings Plan (Plan), signed an agreement with Executive Life Insurance Company (ELIC) to invest money from the Plan in what is termed in the industry guaranteed investment contracts (GICs). GICs are one form of unallocated annuity contracts. The agreement showed the date of issue as October 9,1987. Then again on May 16, 1988, the trustee signed another such agreement with ELIC with the date of issue as November 1,1987.

A GIC is a contract wherein the trustee invests funds in an unallocated annuity contract, thus named because none of the funds are allocated to any individual. In this case, each employee had the choice of several investments. The employees usually diversified their investments, with only a portion of their money in the GICs and the remaining in either stocks, mutual funds, CDs, etc. The interest rate on the GICs was guaranteed by ELIC.

The trustee of the Plan was the owner of the GICs and, as such, was the only person who could withdraw money from the GICs and who had any control over the GICs. If an employee changed the allocation from the GIC to another investment, the trustee had the discretion to withdraw funds so as to make the change in investments. If an employee retired during the term of the GIC contract, the trustee also had the discretion to direct ELIC to purchase an individual annuity contract for that employee. Further, under the GIC contracts, the trustee was the only person to whom ELIC owed any duty.

Although it appears ELIC paid a membership fee to the Oklahoma Life and Health Guaranty Association (Association) because it also sold life insurance policies, the record is absent any evidence that ELIC paid premiums under section 2030 of title 36 of the Oklahoma Statutes on the GICs. Likewise the record is void of any evidence that the Association attempted to collect premiums on the GICs.

In 1991, ELIC failed and the insolvency proceedings were instituted in the California courts. The Plan and the trustee petitioned the Association for coverage under the Oklahoma Life and Health Insurance Guaranty Act, Okla.Stat. tit. 36, §§ 2021-43 (Supp.1987 & 1991). The Board of Directors for the Association rejected the claim and, in anticipation of other claims resulting from ELIC’s insolvency, filed a declaratory judgment action. Finding that GICs were not covered by the Act, the trial court, Honorable Niles Jackson, entered summary judgment for the Association. The Court of Civil Appeals affirmed. This Court granted certiorari.

II. ANALYSIS

A. The 1991 Act applies to the unallocated annuity contracts (the GICs) in this case.

The 1987 Act does not apply because ELIC was not insolvent until 1991. Section 2028 of the 1987 and 1991 Acts provides for payments by the Guaranty Association for covered policies of impaired or insolvent insurers. Subsection 2024(7) of both Acts defines an “insolvent insurer” as one who “after the effective date ofthfe] Act, is placed under an order of liquidation by a court of competent jurisdiction with a finding of insolvency”. (Emphasis added.)1 Because ELIC did not become insolvent, i.e. had not been found to be insolvent by a court of competent jurisdiction, until after the effective date of the 1991 Act, both of the unallocated annuity contracts at issue in the case are governed by the 1991 Act.

Other courts have reached this same conclusion when considering similar statutory language in cases involving guaranty associations: Collins v. Cumberland Gap Provision [1112]*1112Co., Inc., 754 S.W.2d 864 (Ky.Ct.App.1988) (worker’s compensation claim); Durish v. Channelview Bank, 809 S.W.2d 273 (Tx Ct.App.1991) (surety bond); see Aetna Life Ins. Co. v. Washington Life and Disability Ins. Guar. Ass’n, 83 Wash.2d 523, 520 P.2d 162, 170 (1974).

B. The 1991 Act excludes GICs, otherwise known as unallocated annuity contracts, from coverage.

1. Clear statutory language shows the Oklahoma Legislature intended to exclude unallocated annuity contracts from coverage.

Section 3(b)(1) of the 1985 Model Act provides coverage for unallocated annuity contracts, including GICs, which it defines as “any annuity contract or group annuity certificate which is not issued to and owned by an individual, except to the extent of any annuity benefits guaranteed to an individual by an insurer under such contract or certificate.” Life and Health Guaranty Association Model Act § 3(b)(1) (National Association of Insurance Commissioners 1985) (1985 Model Act). The Oklahoma Legislature used this same definition in subsection 2025(B)(2)(g) of the 1991 Act and excluded unallocated annuity contracts from coverage.

Subsection 2025(B)(2)(g) of the 1991 Act provides:

This act shall not provide coverage for ... any annuity contract or group annuity certificate which is not issued to and owned by an individual, except to the extent of any annuity benefits guaranteed to an individual by an insurer under such contract or certificate....

It would have been difficult for the Oklahoma Legislature to have been more explicit that it intended to exclude unallocated annuity contracts (GICs) from coverage. Clearly the GICs were intended to be excluded from coverage by the 1991 Oklahoma Act.

Bennet v. Virginia Life, Accident and Sickness Insurance Guaranty Ass’n, 251 Va. 382, 468 S.E.2d 910 (1996), is directly on point. Section 38.2-1700(0(5) of chapter 17 of the Virginia statutes exempted from coverage “[a]ny contract or certificate which is not issued to and owned by an individual, except to the extent of ... any annuity benefits guaranteed to an individual by an insurer under such contract or certificate.” This is the same language used in the 1991 Oklahoma Act. The Virginia Supreme Court held that, under this provision, GICs were not covered by Virginia’s Guaranty Act. Likewise, GICs are excepted from coverage under the Oklahoma Act.

2. Implied statutory language shows the Oklahoma Legislature intended to exclude unallocated annuity contracts from coverage.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Unisys Corp. v. Commissioner of Insurance
601 N.W.2d 155 (Michigan Court of Appeals, 1999)
Bank of Miss. v. MISS. LIFE & HEALTH INS.
730 So. 2d 49 (Mississippi Supreme Court, 1998)
Unisys Corp. v. CALIF. LIFE & HLT. INS. GUARANTEE ASS'N
63 Cal. App. 4th 634 (California Court of Appeal, 1998)
Unisys Corp. v. California Life & Health Ins. Guarantee Ass'n
63 Cal. App. 2d 634 (California Court of Appeal, 1998)
State Ex Rel. Crawford v. Guardian Life Insurance Co. of America
1997 OK 10 (Supreme Court of Oklahoma, 1998)
Krahling v. First Trust National Ass'n
1997 NMCA 082 (New Mexico Court of Appeals, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
1996 OK 25, 939 P.2d 1110, 68 O.B.A.J. 898, 1997 Okla. LEXIS 28, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oklahoma-life-health-insurance-guaranty-assn-v-hilti-retirement-savings-okla-1997.