§ 36-3639.1 — Personal residential insurance - Cancellation,

Oklahoma § 36-3639.1

• Jurisdiction: Oklahoma
• Title 36: Insurance

Text

nonrenewal or increase in premium for filing first claim - Notice. A. No insurer shall cancel, refuse to renew or increase the premium of a homeowner's insurance policy or any other personal residential insurance coverage, which has been in effect more than forty-five (45) days, solely because the insured filed a first claim against the policy. The provisions of this section shall not be construed to prevent the cancellation, nonrenewal or increase in premium of a homeowner's insurance policy for the following reasons: 1. Nonpayment of premium; 2. Discovery of fraud or material misrepresentation in the procurement of the insurance or with respect to any claims submitted thereunder; 3. Discovery of willful or reckless acts or omissions on the part of the named insured which increase any hazard insured against; 4. A change in the risk which substantially increases any hazard insured against after insurance coverage has been issued or renewed; 5. Violation of any local fire, health, safety, building, or construction regulation or ordinance with respect to any insured property or the occupancy thereof which substantially increases any hazard insured against; 6. A determination by the Insurance Commissioner that the continuation of the policy would place the insurer in violation of the insurance laws of this state; or 7. Conviction of the named insured of a crime having as one of its necessary elements an act increasing any hazard insured against. B. An insurer shall give to the named insured at the mailing address shown on a homeowner's policy, a written renewal notice that shall include new premium, new deductible, new limits or coverage at least thirty (30) days prior to the expiration date of the policy. If the insurer fails to provide such notice, the premium, deductible, limits and coverage provided to the named insurer prior to the change shall remain in effect until notice is given or until the effective date of replacement coverage obtained by the named insured, whichever occurs first. If notice is given by mail, the notice shall be deemed to have been given on the day the notice is mailed. If the insured elects not to renew, any earned premium for the period of extension of the terminated policy shall be calculated pro rata at the lower of the current or previous year's rate. If the insured accepts the renewal, the premium increase, if any, and other changes shall be effective the day following the prior policy's expiration or anniversary date. C. In the event an insured cancels a homeowner's insurance policy or any other personal residential insurance coverage, written notice shall be provided by the insured to the insurer that provided the coverage being canceled. The notice of cancellation shall provide the date of the cancellation of the policy and the insurer shall reimburse the insured for any premiums paid for coverage beyond the date of cancellation of the policy. D. An insurer canceling a policy under subsection C of this section shall not be liable for claims arising after the date of cancellation.

Legislative History

Added by Laws 1990, c. 178, § 1, eff. Sept. 1, 1990. Amended by Laws 2011, c. 278, § 27, eff. Nov. 1, 2011; Laws 2012, c. 44, § 11, eff. Nov. 1, 2012; Laws 2021, c. 478, § 21, emerg. eff. May 12, 2021.