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ENGROSSED HOUSE
BILL NO. 3093 By: Tedford, Hefner, and Fugate
of the House
and
Pemberton of the Senate
An Act relating to insurance; amending 36 O.S. 2021,
Section 942, which relates to motor vehicle insurance
policies and when traf fic record may be basis for
rate changes or cancellation; modifying record
requirements; amending 36 O.S. 2021, Section 943,
which relates to cancellation of motor vehicle
insurance policy, increasing premium rates, or
refusal to issue or renew policy; prohibiting certain
actions after filing first claim; modifying hearing
language; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 36 O.S. 2021, Section 942, is
amended to read as follows:
Section 942. Any insurance carrier that issues motor vehicle
liability or collision insurance policie s in this state shall not
establish or apply premium ra tes, increase premium rates, cancel a
policy, or refuse to issue or renew a policy, based on any traffic
record maintained by the Department of Public Safety, including, but
not limited to, traffic complaints, traffic citations or other legal
forms of traffic charges, and accident reports, which covers a
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period of time more than three (3) years prior to the date the
insurance carrier ma kes a determination to take any such action;
provided, however, those offenses that are prov ided for in
subsection C of Section 941 of this title and the offense of
reckless driving as provided for in Section 11-901 of Title 47 of
the Oklahoma Statutes may be considered by an insurance carrier for
a period of not more than five (5) years.
SECTION 2. AMENDATORY 36 O.S. 2021, Section 943, is
amended to read as follows :
Section 943. A. No insurance carrier who issues motor vehicle
policies in this state shall use traffic complaints, traffic
citations or other legal forms of traffic charges as a bas is for
cancellation of a motor vehicle insurance policy, increasing premium
rates for a motor vehicle insurance policy or refusing to issue o r
renew a motor vehicle insurance policy, where:
1. the The insured was acquitted of the charg e;
2. the The insured was arrested and no charges were filed; or
3. the The insured was arrested an d the charges were dismissed.
B. No insurer shall cancel , refuse to renew or otherwise
terminate, or increase the premium of a motor vehicle policy which
has been in effect more than fo rty-five (45) days solely because the
insured filed a first cla im against the policy. Nothing in this
subsection shall be construed to prevent the can cellation,
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nonrenewal or other termination, or incr ease in premium for any of
the following reasons:
1. Nonpayment of premium;
2. Discovery of fraud or material misrepresent ation in the
procurement of the insurance or with respect to any c laims submitted
thereunder;
3. Offenses provided for in subsection C of Section 941 of this
title;
4. Offenses provided for in Se ction 11-901 of Title 47 of the
Oklahoma Statutes; or
5. 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.
C. The Insurance Commissioner may suspend or revoke, after
notice and opportunity for a hearing, the certificate of authority
to transact insurance business in this sta te of any insurance
carrier violating the provisions of this section or may censure the
insurer or impose a fine.
SECTION 3. This act shall become effective November 1, 2024.
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Passed the House of Representatives the 12th day of March, 2024.
Presiding Officer of the House
of Representatives
Passed the Senate the ____ day of __________ 2024.
Presiding Officer of the Senate