Okla. Stat. tit. 36, § 36-1435.16

other business relationship – Notification – Immunity from liability

– Confidentiality – Final adjudicated actions.

A. An insurer or authorized representative of the insurer that

terminates the appointment, employment, contract or other insurance

business relationship with a producer shall notify the Insurance

Commissioner within thirty (30) days following the effective date of

the termination, using a format prescribed by the Insurance

Commissioner, if the reason for termination is one of the reasons

set forth in Section 13 of this act or the insurer has knowledge the

producer was found by a court, government body, or self-regulatory

organization authorized by law to have engaged in any of the

activities in Section 13 of this act. Upon the written request of

the Insurance Commissioner, the insurer shall provide additional

information, documents, records or other data pertaining to the

termination or activity of the producer.

B. An insurer or authorized representative of the insurer that

terminates the appointment, employment, or contract with a producer

for any reason not set forth in Section 13 of this act, shall notify

the Insurance Commissioner within thirty (30) days following the

effective date of the termination, using a format prescribed by the

Insurance Commissioner. Upon written request of the Insurance

Commissioner, the insurer shall provide additional information,

documents, records or other data pertaining to the termination.

C. The insurer or the authorized representative of the insurer

shall promptly notify the Insurance Commissioner in a format

acceptable to the Insurance Commissioner if, upon further review or

investigation, the insurer discovers additional information that

would have been reportable to the Insurance Commissioner in

accordance with subsection A of this section had the insurer then

known of its existence.

D. 1. Within fifteen (15) days after making the notification

required by subsections A, B and C of this section, the insurer

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shall mail a copy of the notification to the producer at the

producer’s last-known address. If the producer is terminated for

cause for any of the reasons listed in Section 13 of this act, the

insurer shall provide a copy of the notification to the producer at

the producer’s last-known address by certified mail, return receipt

requested, postage prepaid or by overnight delivery using a

nationally recognized carrier.

2. Within thirty (30) days after the producer has received the

original or additional notification, the producer may file written

comments concerning the substance of the notification with the

Insurance Commissioner. The producer shall, by the same means,

simultaneously send a copy of the comments to the reporting insurer,

and the comments shall become a part of the Insurance Commissioner’s

file and accompany every copy of a report distributed or disclosed

for any reason about the producer as permitted under subsection F of

this section.

E. 1. In the absence of actual malice, an insurer, the

authorized representative of the insurer, a producer, the Insurance

Commissioner, or an organization of which the Insurance Commissioner

is a member and that compiles the information and makes it available

to other Insurance Commissioners or regulatory or law enforcement

agencies shall not be subject to civil liability, and a civil cause

of action of any nature shall not arise against these entities or

their respective agents or employees, as a result of any statement

or information required by or provided pursuant to this section or

any information relating to any statement that may be requested in

writing by the Insurance Commissioner, from an insurer or producer;

or a statement by a terminating insurer or producer to an insurer or

producer limited solely and exclusively to whether a termination for

cause under subsection A of this section was reported to the
formation required by or provided pursuant to this section or

any information relating to any statement that may be requested in

writing by the Insurance Commissioner, from an insurer or producer;

or a statement by a terminating insurer or producer to an insurer or

producer limited solely and exclusively to whether a termination for

cause under subsection A of this section was reported to the

Insurance Commissioner, provided that the propriety of any

termination for cause under subsection A of this section is

certified in writing by an officer or authorized representative of

the insurer or producer terminating the relationship.

2. In any action brought against a person that may have

immunity under paragraph 1 of this subsection for making any

statement required by this section or providing any information

relating to any statement that may be requested by the Insurance

Commissioner, the party bringing the action shall plead specifically

in any allegation that paragraph 1 of this subsection does not apply

because the person making the statement or providing the information

did so with actual malice.

3. Paragraph 1 or 2 of this subsection shall not abrogate or

modify any existing statutory or common law privileges or

immunities.

F. 1. Any documents, materials or other information in the

control or possession of the Department of Insurance that is

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furnished by an insurer, producer or an employee or agent thereof

acting on behalf of the insurer or producer, or obtained by the

Insurance Commissioner in an investigation pursuant to this section

shall be confidential by law and privileged, shall not be subject to

the Open Records Act, shall not be subject to subpoena, and shall

not be subject to discovery or admissible in evidence in any private

civil action. However, the Insurance Commissioner is authorized to

use the documents, materials or other information in the furtherance

of any regulatory or legal action brought as a part of the Insurance

Commissioner’s duties.

2. Neither the Insurance Commissioner nor any person who

received documents, materials or other information while acting

under the authority of the Insurance Commissioner shall be permitted

or required to testify in any private civil action concerning any

confidential documents, materials, or information subject to

paragraph 1 of this subsection.

3. In order to assist in the performance of the Insurance

Commissioner’s duties under this act, the Insurance Commissioner:

a. may share documents, materials or other information,

including the confidential and privileged documents,

materials or information subject to paragraph 1 of

this subsection, with other state, federal, and

international regulatory agencies, with the National

Association of Insurance Commissioners, its affiliates

or subsidiaries, and with state, federal, and

international law enforcement authorities, provided

that the recipient agrees to maintain the

confidentiality and privileged status of the document,

material or other information,

b. may receive documents, materials or information,

including otherwise confidential and privileged

documents, materials or information, from the National

Association of Insurance Commissioners, its affiliates

or subsidiaries and from regulatory and law

enforcement officials of other foreign or domestic

jurisdictions, and shall maintain as confidential or

privileged any document, material or information

received with notice or the understanding that it is

confidential or privileged under the laws of the

jurisdiction that is the source of the document,

material or information, and

c. may enter into agreements governing sharing and use of

information consistent with this subsection.

4. No waiver of any applicable privilege or claim of

confidentiality in the documents, materials, or information shall
with notice or the understanding that it is

confidential or privileged under the laws of the

jurisdiction that is the source of the document,

material or information, and

c. may enter into agreements governing sharing and use of

information consistent with this subsection.

4. No waiver of any applicable privilege or claim of

confidentiality in the documents, materials, or information shall

occur as a result of disclosure to the Commissioner under this

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section or as a result of sharing as authorized in paragraph 3 of

this subsection.

5. Nothing in the Oklahoma Producer Licensing Act shall

prohibit the Insurance Commissioner from releasing final,

adjudicated actions including for cause terminations that are open

to public inspection pursuant to the Open Records Act to a database

or other clearinghouse service maintained by the National

Association of Insurance Commissioners, its affiliates or

subsidiaries of the National Association of Insurance Commissioners.

G. An insurer, the authorized representative of the insurer, or

producer that fails to report as required under the provisions of

this section or that is found to have reported with actual malice by

a court of competent jurisdiction may, after notice and hearing,

have its license or certificate of authority suspended or revoked

and may be fined in accordance with Section 13 of this act.