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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1084 By: Tedford
AS INTRODUCED
An Act relating to insurance; providing definition;
prohibiting certain assignment of benefits; declaring
certain assignments null and v oid; providing
exceptions; clarifying procedures and penalties for
violation; clarifying un -prohibited activity;
providing for codification; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1230 of Title 36, unless there
is created a duplication in numbering, reads as follows:
A. For purposes of this act, "assignment agreement " means any
instrument by which post-loss benefits under a residential, auto, or
commercial property insurance policy, including , but not limited to,
any right of action against the insurer or any proceeds acquired
from the insurer, are assigned, transferred, or acquired in any
other manner, in whole or in part, to or from a person providing
services, including, but not limited to, communicating with an
insurer on an insured 's behalf or inspecting, estimating,
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protecting, repairing, restoring, or replacing the property or
mitigating against further damage to the property.
B. 1. A person shall not solicit or accept an assignment, in
whole or in part, of any post -loss insurance benefit for property
damage under an auto collision or comprehensive policy, residential
property insurance policy, or commercial property insurance policy.
An assignment agreem ent is against public policy and is null and
void, and any contract entered in violation of this section shall be
void and unenforceable; and
2. The provisions of paragraph 1 of this subsection do not
apply to any of the following:
a. An assignment, transfer, pledge, or conveyance granted
to a federally insured financial institution,
mortgagee, or a subsequent purchaser of the property,
or
b. Liability coverage under an auto, res idential or
commercial property insurance policy.
C. Violation of subsection B of this section is considered an
unfair or deceptive trade practice. Any person found to have
violated the provisions of subsection B of this section shall be
subject to the procedures and penalties as other unfair or deceptive
trade practices outlined in Title 36.
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D. Nothing in this section shall be interpreted to prohibit an
attorney from collecting an attorney fee for an action related to a
property insurance claim.
E. Nothing in this section shall be construed to prohibit an
insured from authorizin g or directing payment to, or paying, a
person for services, materials, or any other thing which may be, or
is, covered under an insurance policy.
SECTION 2. This act shall become effective November 1, 2025.
60-1-10726 MJ 12/06/24