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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
SENATE BILL 1570 By: Pemberton
AS INTRODUCED
An Act relating to homeowner’s insurance; amending 36
O.S. 2021, Section 3639.1, which relates to
termination or premium increas e of a homeowner’s
policy; requiring notice to certain parties prior to
cancellation of policy; updating statutory language;
and providing an eff ective 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 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 can cellation,
nonrenewal, or increase in premium of a homeowner ’s insurance policy
for the following reason s:
1. Nonpayment of premium;
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2. Discovery of fraud or material misrepresentation in the
procurement of the insurance or with respect to any claims su bmitted
thereunder;
3. Discovery of willful or reckless acts or omis sions on the
part of the named in sured 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 o r
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 Ins urance Commissioner that the
continuation of the policy would place the insu rer 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 ins ured against.
B. An insurer shall give to the named insured at the mailing
address shown on a homeowner’s policy, a written rene wal notice that
shall include the 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
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given or until the effective date of replacemen t coverage obtained
by the named insured, whicheve r occurs first. If notice is gi ven 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 curren t or previous
year’s rate. If the insured accepts the rene wal, 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 insu red cancels a homeowner’s insurance
policy or any other per sonal residential in surance coverage, written
notice shall be provided by the insured to the insurer that p rovided
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 premium s paid for coverage
beyond the date of cancellation of the policy.
D. An insurer canceling a policy under subsecti on C of this
section shall not be liable for claim s arising after the date of
cancellation.
E. No insurer shall cancel a homeowner’s policy mid-term unless
a written notice of c ancellation is mailed via certified mai l to the
last known mailing address of the named insured or loss payee at
least thirty (30) days prior to the effective date of the
cancellation.
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SECTION 2. This act shall become effective Novem ber 1, 2024.
59-2-2449 RD 1/5/2024 3:38:07 PM