Okla. Stat. tit. 36, § 36-1250.7
This is the official text of Okla. Stat. tit. 36, § 36-1250.7, part of Oklahoma’s Stat. tit. 36, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 36,." Browse the sections below, each linked to its official government source.
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Property and casualty insurer - Denial or acceptance of
Official statutory text
claim.
A. Within sixty (60) days after receipt by a property and
casualty insurer of properly executed proofs of loss, the first
party claimant shall be advised of the acceptance or denial of the
claim by the insurer, or if further investigation is necessary. No
property and casualty insurer shall deny a claim because of a
specific policy provision, condition, or exclusion unless reference
to such provision, condition, or exclusion is included in the
denial. A denial shall be given to any claimant in writing, and the
claim file of the property and casualty insurer shall contain a copy
of the denial. If there is a reasonable basis supported by specific
information available for review by the Commissioner that the first
party claimant has fraudulently caused or contributed to the loss, a
property and casualty insurer shall be relieved from the
requirements of this subsection. In the event of a weather-related
catastrophe or a major natural disaster, as declared by the
Oklahoma Statutes - Title 36. Insurance Page 312
Governor, the Insurance Commissioner may extend the deadline imposed
under this subsection an additional twenty (20) days.
B. If a claim is denied for reasons other than those described
in subsection A of this section, and is made by any other means than
writing, an appropriate notation shall be made in the claim file of
the property and casualty insurer until such time as a written
confirmation can be made.
C. Every property and casualty insurer shall complete
investigation of a claim within sixty (60) days after notification
of proof of loss unless such investigation cannot reasonably be
completed within such time. If such investigation cannot be
completed, or if a property and casualty insurer needs more time to
determine whether a claim should be accepted or denied, it shall so
notify the claimant within sixty (60) days after receipt of the
proofs of loss, giving reasons why more time is needed. If the
investigation remains incomplete, a property and casualty insurer
shall, within sixty (60) days from the date of the initial
notification, send to such claimant a letter setting forth the
reasons additional time is needed for investigation. Except for an
investigation of possible fraud or arson which is supported by
specific information giving a reasonable basis for the
investigation, the time for investigation shall not exceed one
hundred twenty (120) days after receipt of proof of loss. Provided,
in the event of a weather-related catastrophe or a major natural
disaster, as declared by the Governor, the Insurance Commissioner
may extend this deadline for investigation an additional twenty (20)
days.
D. Insurers shall not fail to settle first party claims on the
basis that responsibility for payment should be assumed by others
except as may otherwise be provided by policy provisions.
E. Insurers shall not continue or delay negotiations for
settlement of a claim directly with a claimant who is neither an
attorney nor represented by an attorney, for a length of time which
causes the claimant's rights to be affected by a statute of
limitations, or a policy or contract time limit, without giving the
claimant written notice that the time limit is expiring and may
affect the claimant's rights. Such notice shall be given to first
party claimants and third party claimants one year after the date of
the loss.
F. No insurer shall make statements which indicate that the
rights of a third party claimant may be impaired if a form or
release is not completed within a given period of time unless the
statement is given for the purpose of notifying a third party
claimant of the provision of a statute of limitations.
G. If a lawsuit on the claim is initiated, the time limits
provided for in this section shall not apply.
Oklahoma Statutes - Title 36. Insurance Page 313
A. Within sixty (60) days after receipt by a property and
casualty insurer of properly executed proofs of loss, the first
party claimant shall be advised of the acceptance or denial of the
claim by the insurer, or if further investigation is necessary. No
property and casualty insurer shall deny a claim because of a
specific policy provision, condition, or exclusion unless reference
to such provision, condition, or exclusion is included in the
denial. A denial shall be given to any claimant in writing, and the
claim file of the property and casualty insurer shall contain a copy
of the denial. If there is a reasonable basis supported by specific
information available for review by the Commissioner that the first
party claimant has fraudulently caused or contributed to the loss, a
property and casualty insurer shall be relieved from the
requirements of this subsection. In the event of a weather-related
catastrophe or a major natural disaster, as declared by the
Oklahoma Statutes - Title 36. Insurance Page 312
Governor, the Insurance Commissioner may extend the deadline imposed
under this subsection an additional twenty (20) days.
B. If a claim is denied for reasons other than those described
in subsection A of this section, and is made by any other means than
writing, an appropriate notation shall be made in the claim file of
the property and casualty insurer until such time as a written
confirmation can be made.
C. Every property and casualty insurer shall complete
investigation of a claim within sixty (60) days after notification
of proof of loss unless such investigation cannot reasonably be
completed within such time. If such investigation cannot be
completed, or if a property and casualty insurer needs more time to
determine whether a claim should be accepted or denied, it shall so
notify the claimant within sixty (60) days after receipt of the
proofs of loss, giving reasons why more time is needed. If the
investigation remains incomplete, a property and casualty insurer
shall, within sixty (60) days from the date of the initial
notification, send to such claimant a letter setting forth the
reasons additional time is needed for investigation. Except for an
investigation of possible fraud or arson which is supported by
specific information giving a reasonable basis for the
investigation, the time for investigation shall not exceed one
hundred twenty (120) days after receipt of proof of loss. Provided,
in the event of a weather-related catastrophe or a major natural
disaster, as declared by the Governor, the Insurance Commissioner
may extend this deadline for investigation an additional twenty (20)
days.
D. Insurers shall not fail to settle first party claims on the
basis that responsibility for payment should be assumed by others
except as may otherwise be provided by policy provisions.
E. Insurers shall not continue or delay negotiations for
settlement of a claim directly with a claimant who is neither an
attorney nor represented by an attorney, for a length of time which
causes the claimant's rights to be affected by a statute of
limitations, or a policy or contract time limit, without giving the
claimant written notice that the time limit is expiring and may
affect the claimant's rights. Such notice shall be given to first
party claimants and third party claimants one year after the date of
the loss.
F. No insurer shall make statements which indicate that the
rights of a third party claimant may be impaired if a form or
release is not completed within a given period of time unless the
statement is given for the purpose of notifying a third party
claimant of the provision of a statute of limitations.
G. If a lawsuit on the claim is initiated, the time limits
provided for in this section shall not apply.
Oklahoma Statutes - Title 36. Insurance Page 313
Status: in_force · Read it on the official government site
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