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SENATE FLOOR VERSION
April 9, 2024
ENGROSSED HOUSE
BILL NO. 3092 By: Tedford of the House
and
Pemberton of the Senate
An Act relating to insurance; amending 36 O.S. 2021,
Section 3639.1, which relates to cancellation,
refusal to renew or incre ase premium of homeowner 's
insurance policy; prohibiting certain terminations;
prohibiting certain actions by insurers for claims
occurring more than five years before policy
effective date or renewal; directing that insurers
shall not refuse underwriting risk for homeowner's
insurance in certain cases; prohibiting certain
actions by insurers for certain claims; providing
exceptions; directing that insurers may only consider
at-fault motor vehicle claims history in provided
time frame; and providing an effe ctive date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 36 O.S. 2021, Section 3639.1, is
amended to read as follows:
Section 3639.1 A. No insurer shall cancel, refuse to renew or
otherwise terminate, 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.
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B. No insurer shall cancel, refuse to renew or otherwise
terminate, or increase the premium of a homeowner 's insurance policy
or any other personal residential insurance coverage, including, but
not limited to, flood insurance, because of a claim that occurred
more than five (5) years before the effective date of the policy or
renewal. No insurer shall refuse to underwrite risk for a
homeowner's insurance policy or any other personal residential
insurance coverage, including, but not limited to, flood insurance,
because of a claim that occurred more than five (5) years before the
date of application.
C. No insurer shall cancel, refuse to renew or otherwise
terminate, or increase the premium of a homeowner 's insurance policy
or any other personal residential insuranc e coverage, including , but
not limited to, flood insurance, based on the claims history of an
insured for weather-related claims, unless there were three or more
weather-related claims within the preceding three -year period. This
subsection shall not appl y to claims for weather-related events for
which the insurer provided written notice to the insured for
reasonable or customary repairs or replacement specific to the
insured's premises or dwelling which the insured failed to make and
which, if made, would have prevented the loss for which a claim was
made.
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D. 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 pre mium;
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 ha zard 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. E. 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
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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. F. In the event an insured cancels a homeowner 's insurance
policy or any other pe rsonal 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. G. An insurer canceling a policy under subsection C F of
this section shall not be liable for claims arising after the date
of cancellation.
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H. An insurer may only consider the applicant 's at-fault motor
vehicle claims history during the preceding three (3) years when
rating a homeowner's insurance policy or any other personal
residential insurance coverage.
SECTION 2. This act shall bec ome effective November 1, 2024.
COMMITTEE REPORT BY: COMMITTEE ON RETIREMENT AND INSURANCE
April 9, 2024 - DO PASS