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QuickServe State Laws |
Oklahoma
Table of Contents
1. Unfair Claims Practices Act 5. Caps 6. Consumer Auto Repair Practices Acts - We have not found any law yet. 7. Consumer Sales Practices Acts 9. False & Misleading Advertising 10. False Use of Insurer’s Name 11. Home Sales Act - We have not found any law yet. 12. Imitation Crash Parts Regulations 16. Timely Payment 17. Total Losses |
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Definitions:
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text is shown in full.
We put Unfair Claims Practices, Third-Party Regulations and Unfair Trade
Practices first and organized all other laws alphabetically to make it easier
for you to find a particular law or regulation. To get to a particular topic on
this page you can either click on it in the table of contents or scroll down. To
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beneath each section.
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365:15-3-7. Standards for prompt, fair and equitable settlements
applicable to all insurers (a) Claims
accepted or denied within 45 days. (1) Within
45 business days after receipt by the property and casualty insurer of properly
executed proof of loss, the first party claimant shall be advised of the
acceptance or denial of the claim by the insurer. If investigation cannot
reasonably be completed within such time the insurer shall notify the claimant
within 45 business days after receipt of the proofs of loss giving reasons why
more time is needed. No insurer shall deny a claim on the grounds of a specific
policy provision, condition, or exclusion unless reference to such provision,
condition, or exclusion is included in the denial. The denial must be given to
the claimant in writing and the claim file of the insurer shall contain a copy
of the denial.
(2) Where there is a reasonable basis supported by specific information
available for review by the Commissioner that the first party claimant had
fraudulently caused or contributed to the loss by arson, the insurer is relieved
from the requirements of this section. Provided, however, that the claimant
shall be advised of the acceptance or denial of the claim within a reasonable
time for full investigation after receipt by the insurer of a properly executed
proof of loss.
(b) Notation of denial in claim file until confirmed in
writing. If a claim is denied for reasons other than those described in
(a) of this section and is made by any other means than writing, an appropriate
notation shall be made in the claim file of the property and casualty insurer
until such time as a written confirmation can be made.
(c) Notification of delay in determination of acceptance or
denial. If the property and casualty insurer needs more time to determine
whether a first party claim should be accepted or denied, it shall so notify the
first party claimant within 45 business days after receipt of the proofs of
loss, giving the reasons more time is needed. If the investigation remains
incomplete, the insurer shall, forty-five days from the date of the initial
notification and every forty-five days thereafter, send to such claimant a
letter setting forth the reasons additional time is needed for investigation.
(d) Failure to settle on grounds of another party's
liability. Insurers shall not fail to settle first party claims on the
basis that responsibility for payment should be assumed by others except as may
otherwise be provided by policy provisions.
(e) Negotiations shall not be delayed unreasonably.
Insurers shall not continue to delay negotiations for settlement with a claimant
who is neither an attorney nor represented by an attorney, for a length of time
which causes the claimant's rights to be affected by a statute of limitations or
a policy or contract time limit, without giving the claimant written notice that
the time limit may be expiring and may affect the claimant's rights. Such notice
shall be given to first party claimants thirty days before the date on which
such time limit may expire. Such notice shall be given to third party claimants
sixty days before the date on which such time limit may expire.
(f) Rights of third party claimant. No insurer shall
make statements which indicate that the rights of a third party claimant may be
impaired if a form or release is not completed within a given period of time
unless the statement is given for the purpose of notifying the third party
claimant of a provision of a statute of limitations.
(g) Lawsuit supercedes time limitations. If a lawsuit
on the claim is initiated, the time limits provided for in this section shall
not apply.
Update>> Administrative Code http://204.87.112.100/oar/codedoc02.nsf/frmMain?OpenFrameSet&Frame=Main&Src=_75tnm2shfcdnm8pb4dthj0chedppmcbq8dtmmak31ctijujrgcln50ob7ckj42tbkdt374obdcli00_
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§78-53.
A. A person engages in a deceptive trade practice when in the course of
business, vocation, or occupation, the person:
1. Passes off goods or services as those of another;
2. Knowingly makes a false representation as to the source, sponsorship,
approval, or certification of goods or services;
3. Knowingly makes a false representation as to affiliation, connection,
association with, or certification by another;
4. Uses deceptive representations or designations of geographic origin in
connection with goods or services;
5. Knowingly makes a false representation as to the characteristics,
ingredients, uses, benefits or quantities of goods or services or false
representation as to the sponsorship, approval, status, affiliation, or
connection of a person therewith;
6. Represents that goods are original or new if they are not;
7. Represents that goods or services are a particular standard, quality, or
grade, or that goods are a particular style or model, if they are another;
8. Disparages the goods, services, or business of another by false or
misleading representation of fact;
9. Advertises goods or services which differ from those offered for sale in the
advertisements;
10. Advertises goods or services with intent not to supply reasonably expectable
public demand, unless the advertisement discloses a limitation of quantity;
11. Makes false or misleading statements of fact concerning the reasons for,
existence of, or amounts of price reductions;
12. Advertises the price of an item after deduction of a rebate unless the
actual selling price is advertised and clear and conspicuous notice is given in
the advertisement that a mail-in rebate is required to achieve the lower net
price;
13. Misrepresents the geographic location of the supplier by listing a
fictitious business name or an assumed business name in a local telephone
directory if:
a. the name misrepresents the geographic location of the supplier,
b. the listing fails to identify the locality and state of the business of the
supplier,
c. calls to the local telephone number are routinely forwarded or otherwise
transferred to a business location that is outside the calling area covered by
the local telephone directory, and
d. the business location of the supplier is located in a county that is not
contiguous to a county in the calling area covered by the local telephone
directory; or
14. Lists a fictitious business name or assumed business name in a directory
assistance database if:
a. the name misrepresents the geographic location of the supplier,
b. calls to the local telephone number are routinely forwarded or otherwise
transferred to a business location that is outside the local calling area, and
c. the business location of the supplier is located in a county that is not
contiguous to a county in the local calling area.
B. Evidence that a person has engaged in a deceptive trade practice shall be
prima facie evidence of intent to injure competitors and to destroy or
substantially lessen competition.
C. The deceptive trade practices listed in this section are in addition to and
do not limit the types of unfair trade practices actionable at common law or
under other statutes of this state.
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365:15-3-8. Standards
for prompt, fair and equitable settlements applicable to automobile insurance
(b) Third party claimants. Where liability and
damages are reasonably clear, insurers shall not recommend that third party
claimants make claim under their own policies solely to avoid paying claims
under such insurer's insurance policy or insurance contract.
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365:15-3-8. (g)
Repairs. When the insurer elects to repair a damaged motor vehicle and
designates a specific repair shop for automobile repairs, the insurer shall
cause the damaged motor vehicle to be restored to its condition prior to the
loss at no additional cost and within a reasonable period of time. The claimant
shall also be furnished an itemized statement of repair at the time of
acceptance of the repaired motor vehicle.
365:15-3-8. (c) Unreasonable travel. Insurers
shall not require a claimant to travel unreasonably either to inspect a
replacement motor vehicle, to obtain a repair estimate or to have the motor
vehicle repaired at a specific repair shop.
Update>> Administrative Code http://204.87.112.100/oar/codedoc02.nsf/frmMain?OpenFrameSet&Frame=Main&Src=_75tnm2shfcdnm8pb4dthj0chedppmcbq8dtmmak31ctijujrgcln50ob7ckj42tbkdt374obdcli00_
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According to data the Society of Collision Repair Specialists collected between 1995 and 1999, caps in Oklahoma are illegal. In other words, insurers cannot arbitrarily limit what they will pay for a product, procedure or repair, particularly paint and materials. Beyond Parts & Equipment published a story on caps, including a table with the data collected by SCRS in our February 2000 issue.
Generic Caps Letter -- Prepared by Beyond Parts & Equipment
|
______________ Insurance Insured: ______________________ Claim #: ______________________ Vehicle ID: Attn: Customer Service In your repair appraisal of my vehicle, you limited paint/paint materials payment and/or related costs, such as refinish labor, to $___, while my cost is $___, or $___ more than you allow. Your policy with me promises to restore my car to preloss condition at no cost other than the deductible my policy specifies. If I have to pay more than you allow for paint/materials and other costs, I will have to pay my deductible plus $___ before my car will be returned to me. Please tell me exactly where my policy says you may limit payments for paint/materials and other costs. If you can't, please authorize the full cost, $___, for all expenses. If you don't authorize full pay and you can't show me where my policy says you may restrict payment, I shall report this incident to [State] Department of Insurance, stating that ____________ Insurance isn't honoring its promise to restore my vehicle to preloss condition at no cost other than the deductible as called for in the policy. I look forward to your prompt response; I'd like my vehicle repaired as quickly as possible. Sincerely, cc: Insurance Commissioner |
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We haven't found any law yet.
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§12A-2-313.
(1) Express warranties by the seller are created as follows:
(a) Any affirmation of fact or promise made by the seller to the buyer which
relates to the goods and becomes part of the basis of the bargain creates an
express warranty that the goods shall conform to the affirmation or promise.
(b) Any description of the goods which is made part of the basis of the bargain
creates an express warranty that the goods shall conform to the description.
(c) Any sample or model which is made part of the basis of the bargain creates
an express warranty that the whole of the goods shall conform to the sample or
model.
(2) It is not necessary to the creation of an express warranty that the seller
use formal words such as "warrant" or "guarantee" or that he have a specific
intention to make a warranty, but an affirmation merely of the value of the
goods or a statement purporting to be merely the seller's opinion or
commendation of the goods does not create a warranty.
More>> http://oklegal.onenet.net/oklegal-cgi/get_statute?99/Title.12A/12A-2-313.html statutes
§12A-2-201.
(1) Except as otherwise provided in this section a contract for the sale of
goods for the price of Five Hundred Dollars ($500.00) or more is not enforceable
by way of action or defense unless there is some writing sufficient to indicate
that a contract for sale has been made between the parties and signed by the
party against whom enforcement is sought or by his authorized agent or broker. A
writing is not insufficient because it omits or incorrectly states a term agreed
upon but the contract is not enforceable under this paragraph beyond the
quantity of goods shown in such writing.
(2) Between merchants if within a reasonable time a writing in confirmation of
the contract and sufficient against the sender is received and the party
receiving it has reason to know its contents, it satisfies the requirements of
subsection (1) against such party unless written notice of objection to its
contents is given within ten (10) days after it is received.
(3) A contract which does not satisfy the requirements of subsection (1) but
which is valid in other respects is enforceable
(a) if the goods are to be specially manufactured for the buyer and are not
suitable for sale to others in the ordinary course of the seller's business and
the seller, before notice of repudiation is received and under circumstances
which reasonably indicate that the goods are for the buyer, has made either a
substantial beginning of their manufacture or commitments for their procurement;
or
(b) if the party against whom enforcement is sought admits in his pleading,
testimony or otherwise in court that a contract for sale was made, but the
contract is not enforceable under this provision beyond the quantity of goods
admitted; or
(c) with respect to goods for which payment has been made and accepted or which
have been received and accepted (Section 2-606).
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365:15-3-8. (f) Reductions due to betterment or depreciation. When the amount claimed is reduced because of betterment or depreciation, all information for such reduction shall be contained in the claim file. Such deductions shall be itemized and specified as to dollar amount and shall be appropriate for the amount of deductions.
Update>> Administrative Code http://204.87.112.100/oar/codedoc02.nsf/frmMain?OpenFrameSet&Frame=Main&Src=_75tnm2shfcdnm8pb4dthj0chedppmcbq8dtmmak31ctijujrgcln50ob7ckj42tbkdt374obdcli00_
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§78-53.
A. A person engages in a deceptive trade practice when in the course of
business, vocation, or occupation, the person:
5. Knowingly makes a false representation as to the characteristics,
ingredients, uses, benefits or quantities of goods or services or false
representation as to the sponsorship, approval, status, affiliation, or
connection of a person therewith;
6. Represents that goods are original or new if they are not;
7. Represents that goods or services are a particular standard, quality, or
grade, or that goods are a particular style or model, if they are another;
8. Disparages the goods, services, or business of another by false or
misleading representation of fact;
9. Advertises goods or services which differ from those offered for sale in the
advertisements;
10. Advertises goods or services with intent not to supply reasonably expectable
public demand, unless the advertisement discloses a limitation of quantity;
11. Makes false or misleading statements of fact concerning the reasons for,
existence of, or amounts of price reductions;
12. Advertises the price of an item after deduction of a rebate unless the
actual selling price is advertised and clear and conspicuous notice is given in
the advertisement that a mail-in rebate is required to achieve the lower net
price.
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§78-53.
A. A person engages in a deceptive trade practice when in the course of
business, vocation, or occupation, the person:
3. Knowingly makes a false representation as to affiliation, connection,
association with, or certification by another.
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§15-952. The purpose of the Aftermarket Crash Parts Regulation Act is to
regulate the use of aftermarket crash parts by:
1. requiring disclosure when any use is proposed of an aftermarket, non-original
equipment manufacturer's crash part; and
2. requiring that the manufacturers of such aftermarket crash parts be
identified.
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§15-953. For purposes of the Aftermarket Crash Parts Regulation Act:
1. "Insurer" means an insurance company authorized to do business in our state
and any person authorized to represent the insurer with respect to a claim;
2. "Aftermarket crash part" means a replacement for any of the nonmechanical
sheet metal or plastic parts which generally constitute the exterior of a motor
vehicle, including inner and outer panels;
3. "Non-original equipment manufacturer aftermarket crash part" means
aftermarket crash parts not made for or by the manufacturer of the motor
vehicle;
4. "Repair facility" means any motor vehicle dealer, garage, body shop or other
commercial entity which undertakes the repair or replacement of those parts that
generally constitute the exterior of a motor vehicle; and
5. "Installer" means any person who actually does the work of replacing or
repairing parts of a motor vehicle.
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§15-954. Any aftermarket crash part supplied by a non-original equipment manufacturer for use in this state after September 1, 1991, shall have affixed thereto or inscribed thereon the logo or name of its manufacturer. Such manufacturer's logo or name shall be visible after installation whenever practicable.
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§15-955. No insurer shall specify the use of non-original equipment manufacturer
aftermarket crash parts in the repair of an insured's motor vehicle, nor shall a
repair facility or installer use non-original equipment manufacturer aftermarket
crash parts to repair a vehicle, unless the consumer is advised in writing. In
all instances where non-original equipment manufacturer aftermarket crash parts
are intended for use by an insurer:
1. the written estimate shall clearly identify each such part; and
2. a disclosure document containing substantially the following information in
ten-point type or larger type shall appear on or be attached to the insured's
copy of the estimate:
| "This estimate has been prepared based on the use of crash parts supplied by a source other than the manufacturer of your motor vehicle. Warranties applicable to these replacement parts are provided by the manufacturer or distributor of these parts rather than the manufacturer of your vehicle." |
Update>> http://oklegal.onenet.net/oklegal-cgi/get_statute?99/Title.15/15-955.html
§15-956. Any violation of this act shall be subject to and enforced through the unfair trade practices provisions of Article 12 of Title 36 of the Oklahoma Statutes.
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| ____________________ Insured:
Oklahoma
Customer Letter
____________________ Claim: ____________________ Vehicle ID: Attn: Customer Service Date of Loss: In your repair appraisal of my vehicle (see above), you designated used salvage or new imitation replacement crash parts not manufactured by or for my vehicle’s manufacturer. Oklahoma Aftermarket Crash Parts Regulation Act Section 955 states: "Any aftermarket crash part supplied by a non-original equipment manufacturer for use in this state after September 1, 1991, shall have affixed thereto, or inscribed thereon the logo or name of the manufacturer. Such manufacturer’s logo or name shall be visible after installation whenever practicable." I support this regulation. Few parts meet this requirement. If you find any, I will require written proof that they match my original vehicle manufacturer’s replacement parts in fit, quality, and performance. Regarding performance, to protect my safety and my family’s, I request data verifying that these parts have been proxy crash tested and perform identically to the original parts that were on my vehicle. For used salvage parts I shall require like kind and quality to parts on my vehicle as determined by a written description of the trade name, manufacturer’s name, type, engine and serial number or vehicle identification number, year, color, number of miles the original vehicle had traveled at the time it was declared salvage, and the type of accident or event that caused the vehicle to be declared salvage. In either case I also request a written guarantee that my vehicle’s resale/trade-in value will remain consistent with that of other vehicles of similar condition (before the accident) and mileage, and that all my existing vehicle warranties will remain intact. In this guarantee, please specify that if I suffer any economic loss due to the parts you require, your company will reimburse me for that loss. If I’m unhappy with your reply, I will ask that you designate only new original equipment parts to repair my vehicle. If you’re not willing to do so, I will report to the Oklahoma Department of Insurance that you are violating policy promises to restore my vehicle to its preloss condition and value; the parts on my vehicle before the accident were proxy tested following NHTSA requirements. Independent research on GM cars and Volvos has proven that imitation parts lower resale value and don’t perform properly in crash tests. Used salvage parts aren’t sufficient to maintain my vehicle’s manufacturer warranties, and they aren’t crash tested. Finally, court cases (Illinois, California, Michigan, etc) involving imitation and salvage parts have consistently been decided against imitation parts. Please respond promptly to my request because I want my vehicle repaired in the most expedient manner possible. Sincerely,
cc: Insurance Commissioner |
You can find out the name of Oklahoma's Insurance Commissioner by clicking on
the link for
State Departments of Insurance
and then select your state from the list.
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365:25-3-3. Licensing of incorporated insurance agency
(a) Purpose. The purpose of this section is to set forth the rule
regarding a corporation to submit its Articles of Incorporation for approval by
the Insurance Commission prior to obtaining an insurance agent's license.
(b) Approval and filing
of articles of incorporation. No resident corporation shall be licensed
as an insurance agent in this State, unless it's articles of incorporation are
approved by the Insurance Commissioner's office and then filed with the
Secretary of State. A certified copy thereof must then be filed with the
Insurance Commissioner.
(c) Application for a
non-resident corporation. A non-resident corporation shall not be
licensed as an insurance agent in this State unless a Certificate of
Qualification has been obtained from the Oklahoma Secretary of State prior to
its submission, and the corporation application has been submitted to the
Insurance Department.
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365:25-3-14. Insurance adjusters continuing education
(a) Purpose. The purpose of this section is to set forth the
requirements for continuing education which an insurance adjuster must meet, and
to set forth the requirements for approval by the Insurance Commissioner of a
proposed continuing education course.
(b) Definitions.
The following words or terms, when used in this section, shall have the
following meaning, unless the context clearly indicates otherwise:
(1) "CEC" means
continuing education credit.
(2) "Certificate of
course completion" means a document acceptable to the Commissioner which
signifies satisfactory completion of the course and reflects hours of credit
earned.
(3) "Continuing
Education Advisory Committee" means the committee established by the
Commissioner for the purpose of reviewing and recommending approval or
disapproval of continuing education courses.
(4) "Credit hour"
means at least a fifty (50) minute classroom instructional session unless a
correspondence or self-study course.
(5) "Instructor"
means a person who presents course materials approved for continuing education
credit hours, and who has experience, training, and/or education in the course
subject matter and has been approved by the Commissioner.
(6) "Instructor
Qualification Form" means a form acceptable to the Commissioner and
completed by the instructor which documents qualifications of the instructor.
(7) "Licensee"
means a natural person who is licensed by the Commissioner as an insurance
adjuster.
(8) "Provider"
means a person, corporation, professional association or its local affiliates,
an insurance company or any other entity which is approved by the Commissioner
and provides approved continuing education to insurance adjusters.
(9) "Provider Continuing
Education Reporting Form" means a form acceptable to the Commissioner and
completed by the provider which documents completion of an approved course by an
adjuster or adjusters.
(c) Exceptions.
The requirements for continuing education in this section shall not apply to:
(1) a non-resident adjuster who resides
and is licensed in a state or district having continuing education requirements
and the adjuster meets all the requirements of that state or district to
practice therein. The non-resident adjuster shall be responsible for completing
any reporting requirements necessary to verify completion.
(2) a non-resident adjuster of a state
that does not require continuing education hours may fulfill the continuing
education requirements of any other state in which the individual is licensed
and shall be deemed to have complied with this rule upon proof of completion of
said hours.
(d) Continuing education
requirements.
(1) Six CEC
during 12 month period. All licensees shall complete six (6) credit hours
of continuing education during each twelve month period. The twelve month period
begins the first day of the month license is granted. The credit hours completed
must be in those lines in which the adjuster is licensed. Courses taken in
excess of six (6) hours will not carry forward. However, courses taken in excess
of six (6) hours may be applied retroactively in order to bring a lapsed license
into compliance.
(2) Certificates of
course completion required for license renewal. If course completion is
not reflected on the license renewal form issued by the Insurance Department,
each adjuster shall attach an approved course completion certificate to the
license renewal form returned to the Department for verification of course
completion. The Commissioner shall maintain a cumulative total of continuing
education credit hours to insure compliance within the twelve month period.
(3) Credits for
instructors. An instructor who is a licensee shall receive the same
continuing education credit for presenting approved course materials as a
licensee who attends an approved classroom instructional session by including
his/her name and license number on roster.
(4) Prerequisite for
renewal or reinstatement. Effective January 1, 1996, as a prerequisite
for license renewal or prior to reinstatement following a lapse of license, an
adjuster must submit the appropriate forms as specified in this section that
establish the educational requirements have been met if not currently recorded
by the Oklahoma Insurance Department.
(e) Approval of
continuing education providers.
(1) Information
required. Each provider shall apply for Commissioner approval. All
providers, including publicly funded educational institutions, shall provide:
(A) Name and address of the provider.
(B) Contact person and his or her
address and telephone number(s).
(C) The location of the courses or
programs, if known, unless it is an individual study or correspondence course.
(D) The number of CEC hours requested
for each course.
(E) Topic outlines which list the
summarized topics covered in each course and a copy of any course materials.
(i) if a classroom course, a timed
outline including any breaks;
(ii) if a correspondence course, a copy
of text or table of contents with page numbers;
(iii) if a prior approved course has
substantially changed, a summarization of those changes.
(F) The names and qualification of
instructors. An instructor shall have one of the following qualifications:
(i) Three (3) years of recent experience
in the subject area being taught; or
(ii) A degree related to the subject
area being taught; or
(iii) Two (2) years of recent experience
in the subject area being taught and twelve (12) hours of college and/or
vocational technical school credit hours in the subject area being taught.
(2) Withheld or
withdrawn approval. The Commissioner may withhold or withdraw approval of
any provider for violation of or non-compliance with any provision of this
section.
(f) Courses; approval;
records.
(1) Application
deadline for course approval. At least thirty (30) days prior to the
course date and not less than ten (10) days prior to the Continuing Education
Advisory Committee meeting immediately preceding the course date, the provider
shall apply to the Commissioner for course approval. The Commissioner shall
grant or deny approval based upon information submitted in this section
regarding each course or additional information regarding the course, if
necessary. The Commissioner will assign the number of CEC hours awarded for an
approved course and the line or lines of insurance for which the course
qualifies.
(2) Repeated approved
course. At least fourteen (14) days prior to the repetition of an
approved course, the Commissioner shall be notified in writing of the
repetition, providing course number, name, date, location and instructor's name.
(3) Written approval
required. All courses shall require written approval.
(4) Withheld or
withdrawn approval. The Commissioner may withhold or withdraw approval
for any course. This withdrawal will not affect any CEC hours attained under the
course previous to the withdrawal.
(5) Minimum of one
credit hour. Courses submitted for approval must consist of a minimum of
one credit hour of course instruction.
(6) Continuing education
course must be separate from meetings. Courses conducted in conjunction
with other meetings must have a separate continuing education course component.
The method to monitor attendance must be stated and approved by the
Commissioner.
(7) Content of courses.
Courses must be of a meaningful nature and shall not include items such
as prospecting, motivation, sales techniques, psychology, recruiting, time
management, phone etiquette, basic pre-licensing principles of adjusting, and
subjects not relating to the adjuster's license.
(8) Certificate of
Course Completion. At the completion of each course, the provider shall
provide the insurance adjuster a "Certificate of Course Completion" Form.
(9) List of adjusters
completing course to Commissioner. At the completion of each course, the
provider shall provide the Commissioner a list of all insurance adjusters who
completed the course on the Provider Continuing Education Reporting Form. This
list shall reflect the adjuster's name and license number, and may include
his/her address and telephone number(s).
(10) Course records
maintained four (4) years. Providers shall maintain course records for at
least four (4) years. The Commissioner may order an examination of a provider,
at the provider's expense, for good cause shown.
(g) Correspondence and
video courses.
(1) Correspondence
courses. An insurance adjuster who satisfactorily completes an approved
course by correspondence and provides proof of satisfactory completion as
specified by the Commissioner will receive credit for the number of hours
assigned by the Commissioner for completion of the course.
(2) Video courses.
In order for an insurance adjuster to receive credit for viewing an
approved course presented by video cassette, the insurance adjuster must view
the video cassette under the supervision of an approved instructor and swear by
affidavit that (s) he has viewed the video cassette in its entirety. The
affidavit must be submitted to the provider.
(h) Repeating courses.
An insurance adjuster may repeat a course within the twelve month period
if the maximum credits designated for the course were not attained in the first
attempt. By repeating the course, the adjuster may not during the twelve month
period earn more than the maximum credits designated for the course. An adjuster
may repeat a course after two (2) license renewal dates have elapsed and receive
the maximum credits designated for the course.
(i) Extension of time.
For good cause shown, the Commissioner may grant an extension of time
during which the requirements imposed by the act may be completed. The extension
shall not exceed twelve (12) months. The extension will not alter the
requirements or due date of the succeeding twelve-month period. "Good cause"
includes disability, natural disaster, or other extenuating circumstances. Each
request for extension of time shall be in writing from the licensee and shall
include details and any documentation to support the request. Each request must
be received by the Commissioner no less than thirty (30) days before the
expiration of the twelve month period.
(j) Continuing education
advisory committee.
(1) There shall hereby be
established the Continuing Education Advisory Committee. This committee shall
consist of representatives from the Agents Licensing Division, and
representatives from the industry (not to exceed three (3) individuals) as
designated by the Commissioner. Members of the Advisory Board established by 36
O.S. § 6221 may also serve on the Continuing Education Advisory Committee. The
committee shall meet at least quarterly and additionally as required. Members of
the committee shall serve without pay and shall not be reimbursed for any
expenses associated therewith.
(2) Prior to the Commissioner's approval
or disapproval of a course in 365:25-3-14 (e), the Continuing Education Advisory
Committee will review the course submitted and make its nonbinding
recommendation to the Commissioner on granting or denying approval based upon
information submitted pursuant to 365:25-3-14 (e) and additional information
regarding the course, if necessary. Each course approval shall be valid for a
period of twelve (12) months. Course materials may be resubmitted as requested
for review at the time of expiration. This subsection shall apply to all
existing approved continuing education courses at the time this rule becomes
effective. Such courses must be resubmitted for approval within twelve (12)
months of the effective date of this rule.
(k) Severability provision. If any provision of this section, or application
of such provision to any person or circumstances, shall be held invalid, the
remainder of the section, and the application of such provision to person or
circumstances other than those as to which it is held invalid, shall not be
affected thereby.
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§15-775A.4. A. A commercial telephone seller engages in an unlawful
telemarketing practice when, in the course of any commercial telephone
solicitation, the seller:
1. Conducts business as a commercial telephone seller without having registered
with the Attorney General, as required by Section 775A.3 of this title;
2. Fails to allow the purchaser in any telephone sales transaction to cancel any
purchase or agreement to purchase goods, services or property at any time before
the expiration of three (3) business days after the purchaser's receipt of such
goods, services or property by delivering or mailing to the commercial telephone
seller written notice of cancellation. Notice of cancellation, if sent by mail,
is deemed to be given as of the date the mailed notice was postmarked;
3. Fails to refund all payments made by any purchaser in any telephone sales
transaction within thirty (30) days after the commercial telephone seller
receives notice of cancellation from the purchaser, except that: a. if the
purchaser has received goods or property from the commercial telephone seller,
other than an item represented as free, the commercial telephone seller shall
refund all payments made by the purchaser within thirty (30) days after the
commercial telephone seller's receipt of the returned goods or property, and b.
if the purchaser has received services during the course of a pay-per-call
service call, which services cannot, by their nature, be returned, the
commercial telephone seller is not required to refund payments to the
purchaser;
4. Fails to disclose to the purchaser during a telephone solicitation that the
purchaser has the cancellation rights set forth in paragraph 2 of this
subsection;
5. Misrepresents to any person that the person has won a contest, sweepstakes or
drawing, or that the person will receive free goods, services or property;
6. Represents that the seller's goods, services or property are "free" if the
commercial telephone seller charges or collects a fee from the purchaser in
exchange for providing or delivering such goods, services or property;
7. Makes any reference to the commercial telephone seller's compliance with this
act to any purchaser without also disclosing that compliance with this act does
not constitute approval by any governmental agency of the seller's marketing,
advertisements, promotions, goods or services;
8. Uses equipment or techniques the purpose of which is to intentionally block
or avoid detection of the commercial telephone seller's identity or telephone
number by caller identification devices; or
9. Engages in any deceptive trade practice defined in Section 752 of this
title.
B. Paragraphs 2 and 4 of subsection A of this section do not apply to a
transaction in which the consumer obtains a full refund for the return of
undamaged or unused goods or a cancellation of services by giving notice to the
seller within seven (7) days after receipt by the consumer and the seller
processes the refund or cancellation within thirty (30) days after receipt of
the returned merchandise or the consumer's request for refund for services not
performed or a pro rata refund for any services not yet performed for the
consumer. The availability and terms of the return and refund privilege shall be
disclosed to the consumer orally by telephone and in writing with any
advertising or promotional material or with the delivery of the product or
service. If a seller offers consumers an unconditional guarantee, a clear
disclosure of such guarantee by using the words "satisfaction guaranteed", "free
inspection" or "no-risk guarantee" satisfy the disclosure requirements of this
subsection.
C. The unlawful telemarketing practices listed in this section are in addition
to and do not limit the types of unfair trade practices actionable at common law
or under other civil and criminal statutes of this state.
D. Any violations of this act are violations of the Oklahoma Consumer Protection
Act.
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365:15-3-6. Standards for prompt
investigation of claims
Every property and casualty insurer shall complete
investigation of a claim within 45 business days after receipt of proof of loss,
unless such investigation cannot reasonably be completed within such time.
365:15-3-5. Failure to acknowledge
pertinent communications
(a) Acknowledgment of receipt of claim. Every property and casualty
insurer, upon receiving notification of a claim shall, within 20 business days,
acknowledge the receipt of such notice unless payment is made within such period
of time. If any acknowledgment is made by means other than writing, an
appropriate notation of such acknowledgment shall be made in the claim file of
the insured and dated. Notification given to an agent of an insurer shall be
notification to the insurer.
(b) Response to
inquiries from Insurance Department. Every property and casualty insurer,
upon receipt of any inquiry from the Insurance Department respecting a claim
shall, within fifteen business days of receipt of such inquiry, furnish the
Department with an adequate response to the inquiry.
(c) Response to other
pertinent communications. An appropriate reply shall be made within 20
business days on all other pertinent communications from a claimant which
reasonably suggests that a response is expected.
(d) Insurer shall
provide forms and assistance on claims to first party claimants. Every
property and casualty insurer, upon receiving notification for claim, shall
promptly provide necessary claim forms, instructions, and reasonable assistance
so that first party claimants can comply with the policy conditions and the
insurer's reasonable requirements. Compliance with this paragraph within 20
business days of notification of a claim shall constitute compliance with
subsection (a) of this section.
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365:15-3-7. Standards for prompt, fair
and equitable settlements applicable to all insurers
(a) Claims accepted or denied within 45 days.
(1) Within 45 business days after
receipt by the property and casualty insurer of properly executed proof of loss,
the first party claimant shall be advised of the acceptance or denial of the
claim by the insurer. If investigation cannot reasonably be completed within
such time the insurer shall notify the claimant within 45 business days after
receipt of the proofs of loss giving reasons why more time is needed. No insurer
shall deny a claim on the grounds of a specific policy provision, condition, or
exclusion unless reference to such provision, condition, or exclusion is
included in the denial. The denial must be given to the claimant in writing and
the claim file of the insurer shall contain a copy of the denial.
(2) Where there is a reasonable basis
supported by specific information available for review by the Commissioner that
the first party claimant had fraudulently caused or contributed to the loss by
arson, the insurer is relieved from the requirements of this section. Provided,
however, that the claimant shall be advised of the acceptance or denial of the
claim within a reasonable time for full investigation after receipt by the
insurer of a properly executed proof of loss.
(b) Notation of denial
in claim file until confirmed in writing. If a claim is denied for
reasons other than those described in (a) of this section and is made by any
other means than writing, an appropriate notation shall be made in the claim
file of the property and casualty insurer until such time as a written
confirmation can be made.
(c) Notification of
delay in determination of acceptance or denial. If the property and
casualty insurer needs more time to determine whether a first party claim should
be accepted or denied, it shall so notify the first party claimant within 45
business days after receipt of the proofs of loss, giving the reasons more time
is needed. If the investigation remains incomplete, the insurer shall,
forty-five days from the date of the initial notification and every forty-five
days thereafter, send to such claimant a letter setting forth the reasons
additional time is needed for investigation.
(d) Failure to settle on
grounds of another party's liability. Insurers shall not fail to settle
first party claims on the basis that responsibility for payment should be
assumed by others except as may otherwise be provided by policy provisions.
(e) Negotiations shall
not be delayed unreasonably. Insurers shall not continue to delay
negotiations for settlement with a claimant who is neither an attorney nor
represented by an attorney, for a length of time which causes the claimant's
rights to be affected by a statute of limitations or a policy or contract time
limit, without giving the claimant written notice that the time limit may be
expiring and may affect the claimant's rights. Such notice shall be given to
first party claimants thirty days before the date on which such time limit may
expire. Such notice shall be given to third party claimants sixty days before
the date on which such time limit may expire.
(f) Rights of third
party claimant. No insurer shall make statements which indicate that the
rights of a third party claimant may be impaired if a form or release is not
completed within a given period of time unless the statement is given for the
purpose of notifying the third party claimant of a provision of a statute of
limitations.
(g) Lawsuit supercedes
time limitations. If a lawsuit on the claim is initiated, the time limits
provided for in this section shall not apply.
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365:15-3-8. Standards for prompt, fair and equitable settlements
applicable to automobile insurance
(a) Automobile total losses. When the insurance policy provides for
the adjustment and settlement of first party automobile total losses on the
basis of actual cash value or replacement with another of like kind and quality,
one of the following methods must apply:
(1) The insurer may elect to offer a
replacement motor vehicle which is a specific comparable motor vehicle available
to the insured, with all applicable taxes, license fees and other fees incident
to transfer of evidence of ownership of the motor vehicle paid, at no cost other
than any deductible provided in the policy. The offer and any rejection thereof
must be documented in the claim file.
(2) When a first party motor vehicle
total loss is settled on a basis which deviates from the methods described in
(1) and (2) of this subsection, the deviation must be supported by documentation
giving particulars of the automobile condition. Any deductions from such cost,
including but not limited to, deduction for salvage, must be measurable,
discernible, itemized and specified as to dollar amount and shall be appropriate
in amount. The basis for such settlement shall be fully explained to the first
party claimant.
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State Departments of Insurance
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