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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 1084 By: Tedford of the House
and
Reinhardt of the Senate
COMMITTEE SUBSTITUTE
An Act relating to insurance; providing definitions;
prohibiting certain assignment of benefits; declaring
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 an auto, or residential or commercial property
insurance, including, but not limited t o, any right of action
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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, protecting, repairing, restoring, 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, residential
property insurance policy, or commercial property insurance policy.
An assignment agreement is against public policy and is null and
void, and any contrac t 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:
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a. an assignment, transfer, pledge, or conveyance granted
to a federally insured financial in stitution,
mortgagee, or a subsequent purchaser of the property,
or
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 sha ll 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 authorizing 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.
COMMITTEE REPORT BY: COMMITTEE ON COMMERCE AND ECONOMIC DEVELOPMENT
OVERSIGHT, dated 02/27/2025 – DO PASS, As Amended and Coauthored.