Okla. Stat. tit. 36, § 36-311.4

insurers - Adoption of rules - Filing fee - Use of documents.

A. Insurers authorized to do business under the provisions of

the Oklahoma Insurance Code shall annually file with the Insurance

Commissioner market conduct annual statements reporting market

conduct data of insurers on the thirty-first day of December of the

previous year. The statements shall report on the lines of

insurance and be in such general form and context as approved by the

National Association of Insurance Commissioners (NAIC), and as

supplemented for additional information required by the Insurance

Commissioner by rule. The statements shall be prepared in

accordance with NAIC instructions including any supplemental filings

described in the NAIC instructions. If no forms or instructions are

Oklahoma Statutes - Title 36. Insurance Page 76

available from the National Association of Insurance Commissioners,

the statements shall be in the form and pursuant to instructions and

deadlines as provided by the Insurance Commissioner. Insurers not

authorized by the Insurance Commissioner to provide the lines of

insurance approved by the National Association or the Insurance

Commissioner shall not be required to file market conduct annual

statements. For good cause shown, the Insurance Commissioner may

extend the time within which market conduct annual statements may be

filed. The Insurance Commissioner may provide copies of market

conduct annual statements, amendments, and addendums to such

statements and market conduct data taken from such statements to the

National Association of Insurance Commissioners only if, prior to

sharing of the market conduct annual statements, amendments,

addendums to such statements or market conduct data taken from such

statements, the National Association of Insurance Commissioners

enters into a written agreement with the Insurance Commissioner to

maintain the confidentiality of the shared information.

B. The Insurance Commissioner may adopt rules implementing this

section including rules that:

1. Add lines of insurance to be reported in market conduct

annual statements; and

2. Require the filing of market conduct annual statements and

any amendments and addendums to such statements with the National

Association of Insurance Commissioners, and the payment of

applicable filing fees required by the NAIC.

C. Insurers shall pay a filing fee of Two Hundred Dollars

($200.00) to the Insurance Commissioner for the filing of the market

conduct annual statement due at the time of filing, in accordance

with NAIC filing deadlines.

D. No waiver of an applicable privilege or claim of

confidentiality in the documents, materials, or other information

shall occur as a result of disclosure to the Insurance Commissioner

or the Commissioner’s designee under this section or as a result of

sharing the documents, materials or other information as provided in

this section.

E. Market conduct annual statements and any amendments and

addendums to such statements, filed with the Insurance Commissioner

pursuant to this section in electronic format or otherwise, shall be

treated as working papers and documents as set out in subsection F

of Section 309.4 of this title.

F. The Insurance Commissioner may use market conduct annual

statements or amendments or addendums to such statements to assist

in determining whether a market conduct examination or investigation

of an insurer should be conducted. For purposes of completing a

market conduct examination of any company under Sections 309.1

through 309.7 of this title, the Insurance Commissioner may, in the

sole discretion of the Insurance Commissioner, use market conduct

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annual statements or amendments or addendums to such statements to

assist in determining compliance with the laws of this state and

rules adopted by the Insurance Commissioner.

G. For any violation of this section, the Insurance
this title, the Insurance Commissioner may, in the

sole discretion of the Insurance Commissioner, use market conduct

Oklahoma Statutes - Title 36. Insurance Page 77

annual statements or amendments or addendums to such statements to

assist in determining compliance with the laws of this state and

rules adopted by the Insurance Commissioner.

G. For any violation of this section, the Insurance

Commissioner may, after notice and opportunity for a hearing,

subject an insurer to a civil penalty of up to One Thousand Dollars

($1,000.00) for each occurrence. The civil penalty may be enforced

in the same manner in which civil judgments may be enforced.