Req. No. 13016 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 1st Session of the 60th Legislature (2025) COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 1084 By: Tedford COMMITTEE SUBSTITUTE An Act relating to insurance; providing definition s; prohibiting certain assignment of benefits; dec laring certain assignments null and void; providing exceptions; clarifying procedures and penalties for violation; clarifying unprohibited 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 : 1. "Assignment agreement" means any instrument by which post - loss benefits under a n auto, or residential or commercial property insurance, 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 Req. No. 13016 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 limited to, communicating with an insurer on an insured 's behalf or inspecting, estimating, protecting, repairing, restor ing, or replacing the property or mitigating against further damage to the property; and 2. "Person" means: a. a natural person, b. any type or form of corporation, company, partnership, proprietorship, association, or other legal entity, and c. a government, governmental subdivision or agency, or other governmental body. 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, r esidential property insurance policy, or commercial property insurance policy. An assignment agreement is against public policy and is null and void, and any contract entered in violation of this section shall be void and unenforceable . 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 Req. No. 13016 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 b. liability coverage under an auto, residential , 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 of the Oklahoma Statutes . D. Nothing in this section shall be interpreted to prohibit an attorney from collecting an attorney fee for an action rel ated to a property insurance claim. E. Nothing in this section shall be construed to prohibit an insured from authorizing or directing payment to, or paying, a person for services, materials, or any other thing which may be, or is, covered under an insura nce policy. SECTION 2. This act shall become effective November 1, 2025. 60-1-13016 AO 02/27/25