Okla. Stat. tit. 36, § 36-1445
This is the official text of Okla. Stat. tit. 36, § 36-1445, 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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Fiduciary capacity and duties of administrator
Official statutory text
A. All insurance charges or premiums collected by an
administrator for an insurer or trust and all return premiums
received from the insurer or trust shall be held by the
administrator in a fiduciary capacity. These funds shall be
immediately remitted to the person entitled to the funds or shall be
deposited promptly in a fiduciary bank account established and
maintained by the administrator.
B. If charges or premiums deposited in a fiduciary account have
been collected for more than one insurer or trust, the administrator
Oklahoma Statutes - Title 36. Insurance Page 371
shall keep records showing the deposits to and withdrawals from the
account for each insurer or trust. The administrator, upon request
of an insurer or trust, shall furnish copies of the records
pertaining to deposits to and withdrawals from the account for that
insurer or trust.
C. The administrator shall not pay any claim by withdrawals
from a fiduciary account unless provisions for said withdrawals are
included in the written agreement between the insurer or trust and
the administrator. The written agreement shall authorize
withdrawals by the administrator from the fiduciary account only
for:
1. Remittance to an insurer or trust entitled to a remittance;
or
2. Deposit in an account maintained in the name of an insurer
or trust; or
3. Transfer to and deposit in an account established for
payment of claims, as provided for by subsection D of this section;
or
4. Payment to a group policyholder for remittance to the
insurer or trust entitled to such remittance; or
5. Payment of commission, fees, or charges to the
administrator; or
6. Remittance of return premiums to the person entitled to such
return premiums.
D. All claims paid by the administrator from funds collected on
behalf of the insurer or trust shall be paid on drafts, checks or
electronic payment authorized by the insurer or trust.
administrator for an insurer or trust and all return premiums
received from the insurer or trust shall be held by the
administrator in a fiduciary capacity. These funds shall be
immediately remitted to the person entitled to the funds or shall be
deposited promptly in a fiduciary bank account established and
maintained by the administrator.
B. If charges or premiums deposited in a fiduciary account have
been collected for more than one insurer or trust, the administrator
Oklahoma Statutes - Title 36. Insurance Page 371
shall keep records showing the deposits to and withdrawals from the
account for each insurer or trust. The administrator, upon request
of an insurer or trust, shall furnish copies of the records
pertaining to deposits to and withdrawals from the account for that
insurer or trust.
C. The administrator shall not pay any claim by withdrawals
from a fiduciary account unless provisions for said withdrawals are
included in the written agreement between the insurer or trust and
the administrator. The written agreement shall authorize
withdrawals by the administrator from the fiduciary account only
for:
1. Remittance to an insurer or trust entitled to a remittance;
or
2. Deposit in an account maintained in the name of an insurer
or trust; or
3. Transfer to and deposit in an account established for
payment of claims, as provided for by subsection D of this section;
or
4. Payment to a group policyholder for remittance to the
insurer or trust entitled to such remittance; or
5. Payment of commission, fees, or charges to the
administrator; or
6. Remittance of return premiums to the person entitled to such
return premiums.
D. All claims paid by the administrator from funds collected on
behalf of the insurer or trust shall be paid on drafts, checks or
electronic payment authorized by the insurer or trust.
Status: in_force · Read it on the official government site
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