Okla. Stat. tit. 36, § 36-1928
This is the official text of Okla. Stat. tit. 36, § 36-1928, 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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Offsets
Official statutory text
A. In all cases of mutual debts or mutual credits between the
insurer and another person, whether arising out of one or more
Oklahoma Statutes - Title 36. Insurance Page 560
contracts between the insurer and another person, in connection with
any action or proceeding under this article, such credits and debts
shall be offset and the balance only shall be allowed or paid,
except as provided in subsection B of this section.
B. No offset shall be allowed if:
1. The obligation of the insurer would not, at the date of the
entry of any liquidation order or otherwise as provided in Section
1925 of this title, entitle the claimant to share in the assets of
the insurer;
2. The obligation of the insurer was purchased by or
transferred to the claimant to be used as an offset;
3. The obligation is to pay an assessment levied against the
members of a mutual insurer, or against the subscribers of a
reciprocal insurer, or to pay a balance upon the subscription to the
capital stock of a stock insurer;
4. The obligation of the insurer is owed to an affiliate of
such person, or any other entity or association other than the
person;
5. The obligation of the person is owed to an affiliate of the
insurer, or any other entity or association other than the insurer;
or
6. The obligation between the person and the insurer arises
from business where either the person or the insurer has assumed
risks and obligations from the other party and then has ceded back
to that party substantially the same risks and obligations.
insurer and another person, whether arising out of one or more
Oklahoma Statutes - Title 36. Insurance Page 560
contracts between the insurer and another person, in connection with
any action or proceeding under this article, such credits and debts
shall be offset and the balance only shall be allowed or paid,
except as provided in subsection B of this section.
B. No offset shall be allowed if:
1. The obligation of the insurer would not, at the date of the
entry of any liquidation order or otherwise as provided in Section
1925 of this title, entitle the claimant to share in the assets of
the insurer;
2. The obligation of the insurer was purchased by or
transferred to the claimant to be used as an offset;
3. The obligation is to pay an assessment levied against the
members of a mutual insurer, or against the subscribers of a
reciprocal insurer, or to pay a balance upon the subscription to the
capital stock of a stock insurer;
4. The obligation of the insurer is owed to an affiliate of
such person, or any other entity or association other than the
person;
5. The obligation of the person is owed to an affiliate of the
insurer, or any other entity or association other than the insurer;
or
6. The obligation between the person and the insurer arises
from business where either the person or the insurer has assumed
risks and obligations from the other party and then has ceded back
to that party substantially the same risks and obligations.
Status: in_force · Read it on the official government site
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