Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB1813

Introduced

2/5/24

Refer

2/6/24

Caption

Insurance claims; establishing provisions relating to certain actions against an insurer. Effective date.

Impact

If enacted, SB1813 will significantly influence the handling of insurance claims in Oklahoma by formalizing the expectations for both claimants and insurers. It allows insurers to request an inspection of the property subject to the claim within a specified timeframe, which could help prevent frivolous lawsuits and promote smoother claims resolution. The bill also introduces automatic abatement of claims if certain conditions regarding presuit notice compliance are not met, thus delaying the legal process but potentially compelling compliance with the notice requirements.

Summary

Senate Bill 1813 proposes new regulations surrounding insurance claims in Oklahoma, specifically focusing on the requirements imposed on insurers and the process of dispute resolution. The bill mandates that claimants must provide insurers with presuit notice before initiating legal action. This notice must include detailed information regarding the claim, including the specific acts or omissions that led to the claim, the amount owed, and any attorney fees anticipated. The intent is to establish a clear procedure that ensures insurers are informed and can respond to claims in an organized manner before litigation occurs.

Contention

However, there are notable points of contention surrounding SB1813. Critics argue that the presuit notice requirement may impose undue burdens on claimants, particularly those without legal representation who may be unfamiliar with the requirements. Opponents also raise concerns about the potential for insurers to exploit these regulations to delay payments or evade liability through procedural defenses. Additionally, the bill specifies conditions under which insurers may elect to assume liability for producers or adjusters, which may cause apprehension among stakeholders about accountability in the claims process.

Companion Bills

No companion bills found.

Previously Filed As

OK SB543

Insurance; creating the Insurance Data Security Act. Effective date.

OK SB1069

Insurance; rehabilitation and liquidation; contracts; establishing requirements for insurance receivers. Effective date.

OK SB551

Unfair insurance practices; modifying rebate actions to be considered unfair methods of competition or unfair and deceptive acts in the business of insurance. Effective date.

OK SB539

Insurance licensure; modifying requirements for continuing education courses; requiring licensee to maintain updated information with the Insurance Commissioner. Effective date.

OK SB881

Health insurance; creating the Surprise Billing Protection Act of 2023. Effective date.

OK SB441

Health insurance; providing for preauthorization process; establishing processes for administration; prohibiting certain payment reduction to health benefit plans. Effective date.

OK SB373

Governmental Tort Claims Act; allowing liability for certain nuisance claims; establishing limitation on liability for certain nuisance claims. Effective date.

OK SB985

Oklahoma Uniform Securities Act; authorizing certain actions against applicant for registration under certain circumstances. Effective date.

OK SB549

Pharmacy benefits management; modifying provisions ad requirements of managers; modifying administration by the Insurance Department. Effective date.

OK SB565

Civil procedure; establishing proper venue for certain actions. Effective date.