Okla. Stat. tit. 36, § 36-1901
This is the official text of Okla. Stat. tit. 36, § 36-1901, 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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Definitions
Official statutory text
For the purpose of Article 19 of the Oklahoma Insurance Code:
1. "Impairment" or "insolvency" means the capital of a stock
insurer, or limited stock life, accident and health insurer, the net
assets of a Lloyds association, or the surplus of a mutual or
reciprocal insurer, shall be deemed to be impaired and the insurer
Oklahoma Statutes - Title 36. Insurance Page 530
shall be deemed to be insolvent, when such insurer shall not be
possessed of assets at least equal to all liabilities and required
reserves together with its total issued and outstanding capital
stock if a stock insurer, the net assets if a Lloyds association, or
the minimum surplus if a mutual or reciprocal insurer required by
this Code to be maintained for the kind or kinds of insurance it is
then authorized to transact;
2. "Insurer" means any person, firm, corporation, health
maintenance organizations, association or aggregation of persons
doing an insurance business and subject to the insurance supervisory
authority of, or to liquidation, rehabilitation, reorganization or
conservation by the Insurance Commissioner or the equivalent
insurance supervisory official of another state;
3. "Delinquency proceeding" means any proceeding commenced
against an insurer pursuant to this article for the purpose of
liquidating, rehabilitating, reorganizing or conserving such
insurer;
4. "State" means any state of the United States and also the
District of Columbia and Puerto Rico;
5. "Foreign country" means territory not in any state;
6. "Domiciliary state" means the state in which an insurer is
incorporated or organized, or in the case of an insurer incorporated
or organized in a foreign country, the state in which such insurer,
having become authorized to do business in such state, has at the
commencement of delinquency proceedings, the largest amount of its
assets held in trust and assets held on deposit for the benefit of
its policyholders or policyholders and creditors in the United
States, and any such insurer is deemed to be domiciled in such
state;
7. "Ancillary state" means any state other than a domiciliary
state;
8. "Reciprocal state" means any state other than this state
that has enacted a law that sets forth a scheme for the
administration of an insurer in receivership by the state's
insurance commissioner or comparable insurance regulatory official;
9. "General assets" means all property, real, personal or
otherwise, not specifically mortgaged, pledged, deposited or
otherwise encumbered for the security or benefit of specified
persons or a limited class or classes of persons, and as to such
specifically encumbered property the term includes all such property
or its proceeds in excess of the amount necessary to discharge the
sum or sums secured thereby. Assets held in trust and assets held
on deposit for the security or benefit of all policyholders or all
policyholders and creditors in the United States shall be deemed
general assets;
Oklahoma Statutes - Title 36. Insurance Page 531
10. "Preferred claim" means any claim with respect to which the
law of the state or of the United States accords priority of
payments from the general assets of the insurer;
11. "Special deposit claim" means any claim secured by a
deposit made pursuant to statute for the security or benefit of a
limited class or classes of persons, but not including any general
assets;
12. "Secured claim" means any claim secured by mortgage, trust
deed, pledge, deposit as security, escrow, or otherwise, but not
including special deposit claim or claims against general assets.
The term also includes claims which more than four (4) months prior
to the commencement of delinquency proceedings in the state of the
insurer's domicile have become liens upon specific assets by reason
of judicial process;
13. "Receiver" means receiver, liquidator, rehabilitator, or
conservator as the context may require; and
including special deposit claim or claims against general assets.
The term also includes claims which more than four (4) months prior
to the commencement of delinquency proceedings in the state of the
insurer's domicile have become liens upon specific assets by reason
of judicial process;
13. "Receiver" means receiver, liquidator, rehabilitator, or
conservator as the context may require; and
14. "Qualified financial contract" means a commodity contract,
forward contract, repurchase agreement, securities contract, swap
agreement, and any similar agreement the Commissioner determines by
rule, regulation, resolution, or order to be a qualified financial
contract.
1. "Impairment" or "insolvency" means the capital of a stock
insurer, or limited stock life, accident and health insurer, the net
assets of a Lloyds association, or the surplus of a mutual or
reciprocal insurer, shall be deemed to be impaired and the insurer
Oklahoma Statutes - Title 36. Insurance Page 530
shall be deemed to be insolvent, when such insurer shall not be
possessed of assets at least equal to all liabilities and required
reserves together with its total issued and outstanding capital
stock if a stock insurer, the net assets if a Lloyds association, or
the minimum surplus if a mutual or reciprocal insurer required by
this Code to be maintained for the kind or kinds of insurance it is
then authorized to transact;
2. "Insurer" means any person, firm, corporation, health
maintenance organizations, association or aggregation of persons
doing an insurance business and subject to the insurance supervisory
authority of, or to liquidation, rehabilitation, reorganization or
conservation by the Insurance Commissioner or the equivalent
insurance supervisory official of another state;
3. "Delinquency proceeding" means any proceeding commenced
against an insurer pursuant to this article for the purpose of
liquidating, rehabilitating, reorganizing or conserving such
insurer;
4. "State" means any state of the United States and also the
District of Columbia and Puerto Rico;
5. "Foreign country" means territory not in any state;
6. "Domiciliary state" means the state in which an insurer is
incorporated or organized, or in the case of an insurer incorporated
or organized in a foreign country, the state in which such insurer,
having become authorized to do business in such state, has at the
commencement of delinquency proceedings, the largest amount of its
assets held in trust and assets held on deposit for the benefit of
its policyholders or policyholders and creditors in the United
States, and any such insurer is deemed to be domiciled in such
state;
7. "Ancillary state" means any state other than a domiciliary
state;
8. "Reciprocal state" means any state other than this state
that has enacted a law that sets forth a scheme for the
administration of an insurer in receivership by the state's
insurance commissioner or comparable insurance regulatory official;
9. "General assets" means all property, real, personal or
otherwise, not specifically mortgaged, pledged, deposited or
otherwise encumbered for the security or benefit of specified
persons or a limited class or classes of persons, and as to such
specifically encumbered property the term includes all such property
or its proceeds in excess of the amount necessary to discharge the
sum or sums secured thereby. Assets held in trust and assets held
on deposit for the security or benefit of all policyholders or all
policyholders and creditors in the United States shall be deemed
general assets;
Oklahoma Statutes - Title 36. Insurance Page 531
10. "Preferred claim" means any claim with respect to which the
law of the state or of the United States accords priority of
payments from the general assets of the insurer;
11. "Special deposit claim" means any claim secured by a
deposit made pursuant to statute for the security or benefit of a
limited class or classes of persons, but not including any general
assets;
12. "Secured claim" means any claim secured by mortgage, trust
deed, pledge, deposit as security, escrow, or otherwise, but not
including special deposit claim or claims against general assets.
The term also includes claims which more than four (4) months prior
to the commencement of delinquency proceedings in the state of the
insurer's domicile have become liens upon specific assets by reason
of judicial process;
13. "Receiver" means receiver, liquidator, rehabilitator, or
conservator as the context may require; and
including special deposit claim or claims against general assets.
The term also includes claims which more than four (4) months prior
to the commencement of delinquency proceedings in the state of the
insurer's domicile have become liens upon specific assets by reason
of judicial process;
13. "Receiver" means receiver, liquidator, rehabilitator, or
conservator as the context may require; and
14. "Qualified financial contract" means a commodity contract,
forward contract, repurchase agreement, securities contract, swap
agreement, and any similar agreement the Commissioner determines by
rule, regulation, resolution, or order to be a qualified financial
contract.
Status: in_force · Read it on the official government site
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