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ENGROSSED HOUSE
BILL NO. 1084 By: Tedford of the House
and
Reinhardt of the Senate
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 n ew 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 to, any right of action
against the insurer or any p roceeds 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
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inspecting, estimating, protecting, repairing, restoring, or
replacing the property or mitigating against further damag e 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 bo dy.
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 insur ance 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 follo wing:
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 decep tive
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 related to a
property insurance claim.
E. Nothing in this section sh all be construed to prohibit an
insured from authorizing or directing payment to, or paying, a
person for services, materials, or any other thing whic h may be, or
is, covered under an insurance policy.
SECTION 2. This act shall become effe ctive November 1, 2025.
Passed the House of Representatives the 10th day of March, 2025.
Presiding Officer of the House
of Representatives
Passed the Senate the _____ day of __________, 2025.
Presiding Officer of the Senate