STATE OF OKLAHOMA

2nd Session of the 53rd Legislature (2012)

SENATE BILL 1173	By:	Holt

AS INTRODUCED

An Act relating to insurance; amending 36 O.S. 2011, Section 3640, which relates to certificate of insurance form; clarifying language; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     36 O.S. 2011, Section 3640, is amended to read as follows:
Section 3640.  A.  As used in this section:
1.  "Certificate" or "certificate of insurance" means any document or instrument, no matter how titled or described, which is prepared or issued by an insurer or insurance producer as evidence of property or casualty insurance coverage.  "Certificate" or "certificate of insurance" shall not include a policy of insurance or insurance binder;
2.  "Certificate holder" means any person, other than a policyholder, that requests, obtains, or possesses a certificate of insurance;
3.  "Insurance producer" shall be defined as provided in Section 1435.2 of Title 36 of the Oklahoma Statutes this title;
4.  "Insurer" shall be defined as provided in Section 103 of Title 36 of the Oklahoma Statutes this title; and
5.  "Policyholder" means a person who has contracted with a property or casualty insurer for insurance coverage.
B.  No person may prepare, issue, or request the issuance of a certificate of insurance unless the form has been filed with and approved by the Insurance Commissioner, except as provided in subsection E of this section.  No person may alter or modify an approved certificate of insurance form.
C.  The Commissioner shall disapprove a form filed pursuant to this section, or withdraw approval of a form, if the form:
1.  Is unjust, unfair, misleading, or deceptive, or violates public policy;
2.  Fails to comply with the requirements of subsection D of this section; or
3.  Violates any law, including any regulation adopted by the Insurance Commissioner.
D.  Each certificate of insurance shall contain the following or similar statement:  "This certificate of insurance is issued as a matter of information only and confers no rights upon the certificate holder.  This certificate does not amend, extend, or alter the coverage, terms, exclusions, and conditions afforded by the policies referenced herein."
E.  Standard certificate of insurance forms promulgated by the Association of Cooperative Operations Research and Development or the Insurance Services Office are deemed approved by the Insurance Commissioner and shall not be required to be filed if the forms otherwise comply with the requirements of this section.
F.  No person, wherever located, shall demand or require the issuance of a certificate of insurance from an insurer, insurance producer, or policyholder which contains any false or misleading information concerning the policy of insurance to which the certificate makes reference.
G.  No person, wherever located, may knowingly prepare or issue a certificate of insurance that contains any false or misleading information or that purports to affirmatively or negatively alter, amend, or extend the coverage provided by the policy of insurance to which the certificate makes reference.
H.  No person may prepare, issue, demand, or require, either in addition to or in lieu of a certificate of insurance, an opinion letter or other document or correspondence that is inconsistent with this section; provided, however, an insurer or insurance producer may prepare or issue an addendum to a certificate that clarifies and explains the coverages provided by a policy of insurance and otherwise complies with the requirements of this section.
I.  The provisions of this section apply to all certificate holders, policyholders, insurers or insurance producers with regard to a certificate of insurance issued on property or casualty operations or a risk located in this state, regardless of where the certificate holder, policyholder, insurer or insurance producer is located.  These provisions shall not be construed to apply to:
1.  Evidence of insurance required by a lender in a lending transaction involving:
a.	a mortgage,
b.	a lien,
c.	a deed or trust, or
d.	any other security interest in real or personal property as security for a loan;
2.  A certificate issued under:
a.	a group or individual policy for:
(1)	life insurance,
(2)	credit insurance,
(3)	accident and health insurance,
(4)	long-term care benefit insurance, or
(5)	Medicare supplement insurance, or
b.	an annuity contract; or
3.  Standard proof of motor vehicle liability insurance pursuant to the requirements of Section 3636 of Title 36 of the Oklahoma Statutes this title.
J.  A certificate of insurance is not a policy of insurance and does not affirmatively or negatively amend, extend, or alter the coverage afforded by the policy to which the certificate of insurance makes reference.  A certificate of insurance shall not confer to a certificate holder new or additional rights beyond what the referenced policy of insurance expressly provides.
K.  No certificate of insurance shall contain references to contracts, including construction or service contracts, other than the referenced contract of insurance.  Notwithstanding any requirements, term, or condition of any contract or other document with respect to which a certificate of insurance may be issued or may pertain, the insurance afforded by the referenced policy of insurance shall be subject to all the terms, exclusions and conditions of the policy itself.
L.  A certificate holder shall only have a legal right to notice of cancellation, nonrenewal, or any material change, or any similar notice concerning a policy of insurance if the person is named within the policy or any endorsement as an additional insured and the policy or endorsement requires notice to be provided.  The terms and conditions of the notice, including the required timing of the notice, are governed by the policy of insurance and cannot be altered by a certificate of insurance.
M.  An insurance producer who is not associated with an insurer's captive distribution system may charge a reasonable service fee for issuing a certificate to a policy holder or certificate holder.
N.  Any certificate of insurance or any other document or correspondence prepared, issued, demanded, or required in violation of this section shall be null and void and of no force and effect.
O.  Any person who violates this section may be fined up to One Thousand Dollars ($1,000.00) per violation.
P.  The Commissioner shall have the authority to examine and investigate the activities of any person that the Commissioner reasonably believes has been or is engaged in an act or practice prohibited by this section.  The Commissioner shall have the authority to enforce the provisions of this section and impose any authorized penalty or remedy against any person who violates this section.
Q.  The Commissioner may adopt reasonable rules and regulations as are necessary or proper to carry out the provisions of this section.
SECTION 2.  This act shall become effective November 1, 2012.

53-2-2907	ARE	1/12/2012 11:32:04 AM