Okla. Stat. tit. 36, § 36-1902
This is the official text of Okla. Stat. tit. 36, § 36-1902, 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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Delinquency proceedings – Jurisdiction – Arbitration –
Official statutory text
Venue - Appeal.
A. The district court is vested with exclusive original
jurisdiction of delinquency proceedings pursuant to the provisions
of this article, and is authorized to make all necessary and proper
orders to carry out the purposes of this article.
B. Except as to claims against the estate, nothing in this
article shall deprive a party in interest of any contractual right
to pursue arbitration of any dispute under any law. Where an
insurer subject to this article is a party to an arbitration
proceeding, the venue of such arbitration proceeding shall be in
Oklahoma County.
C. In addition to grounds otherwise provided by law, the
following persons are subject to the personal jurisdiction of the
district court:
1. Current and former agents and brokers of the insurer;
2. Policy holders and reinsurers of the insurer;
3. Current and former officers, directors, managers, trustees,
organizers, promoters, and any other persons in control of the
insurer; and
Oklahoma Statutes - Title 36. Insurance Page 532
4. Any third party administrator for an insurer and any person
that maintains information for an insurer.
D. Notwithstanding any other provision in this article, this
section shall not confer jurisdiction on the district court to
resolve coverage disputes between guaranty associations and those
asserting claims against an association resulting from the
initiation of a delinquency proceeding under this article except to
the extent that the guaranty association has otherwise expressly
consented to such jurisdiction pursuant to a plan of rehabilitation
or liquidation that resolves its obligations to covered
policyholders.
E. The determination of any dispute with respect to the
statutory obligations of any guaranty association by a court or
administrative agency or body with jurisdiction in the state of
domicile of the guaranty association shall be binding and conclusive
as to the parties in a delinquency proceeding initiated in the
district court, including, without limitation, the policyholders of
the insurer.
F. The venue of delinquency proceedings against any insurer
shall be in Oklahoma County.
G. No person other than the Insurance Commissioner, his
attorney, or the Attorney General representing the Insurance
Commissioner shall appear in the courts of this state requesting the
appointment of a receiver or otherwise commence delinquency
proceedings to take over, liquidate, rehabilitate, reorganize, or
conserve an insurer and no court shall entertain a petition for the
commencement of such proceedings unless the same has been filed in
the name of the state on the relation of the Insurance Commissioner.
H. An appeal shall lie to the Supreme Court from an order
granting or refusing rehabilitation, liquidation, or conservation,
and from every other order in delinquency proceedings having the
character of a final order as to the particular portion of the
proceedings embraced therein.
A. The district court is vested with exclusive original
jurisdiction of delinquency proceedings pursuant to the provisions
of this article, and is authorized to make all necessary and proper
orders to carry out the purposes of this article.
B. Except as to claims against the estate, nothing in this
article shall deprive a party in interest of any contractual right
to pursue arbitration of any dispute under any law. Where an
insurer subject to this article is a party to an arbitration
proceeding, the venue of such arbitration proceeding shall be in
Oklahoma County.
C. In addition to grounds otherwise provided by law, the
following persons are subject to the personal jurisdiction of the
district court:
1. Current and former agents and brokers of the insurer;
2. Policy holders and reinsurers of the insurer;
3. Current and former officers, directors, managers, trustees,
organizers, promoters, and any other persons in control of the
insurer; and
Oklahoma Statutes - Title 36. Insurance Page 532
4. Any third party administrator for an insurer and any person
that maintains information for an insurer.
D. Notwithstanding any other provision in this article, this
section shall not confer jurisdiction on the district court to
resolve coverage disputes between guaranty associations and those
asserting claims against an association resulting from the
initiation of a delinquency proceeding under this article except to
the extent that the guaranty association has otherwise expressly
consented to such jurisdiction pursuant to a plan of rehabilitation
or liquidation that resolves its obligations to covered
policyholders.
E. The determination of any dispute with respect to the
statutory obligations of any guaranty association by a court or
administrative agency or body with jurisdiction in the state of
domicile of the guaranty association shall be binding and conclusive
as to the parties in a delinquency proceeding initiated in the
district court, including, without limitation, the policyholders of
the insurer.
F. The venue of delinquency proceedings against any insurer
shall be in Oklahoma County.
G. No person other than the Insurance Commissioner, his
attorney, or the Attorney General representing the Insurance
Commissioner shall appear in the courts of this state requesting the
appointment of a receiver or otherwise commence delinquency
proceedings to take over, liquidate, rehabilitate, reorganize, or
conserve an insurer and no court shall entertain a petition for the
commencement of such proceedings unless the same has been filed in
the name of the state on the relation of the Insurance Commissioner.
H. An appeal shall lie to the Supreme Court from an order
granting or refusing rehabilitation, liquidation, or conservation,
and from every other order in delinquency proceedings having the
character of a final order as to the particular portion of the
proceedings embraced therein.
Status: in_force · Read it on the official government site
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