Oklahoma 2025 2025 Regular Session

Oklahoma House Bill HB1084 Comm Sub / Bill

Filed 02/27/2025

                     
 
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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   
 
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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   
 
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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