Okla. Stat. tit. 36, § 36-3636

A. No policy insuring against loss resulting from liability

imposed by law for bodily injury or death suffered by any person

arising out of the ownership, maintenance or use of a motor vehicle

shall be issued, delivered, renewed, or extended in this state with

respect to a motor vehicle registered or principally garaged in this

state unless the policy includes the coverage described in

subsection B of this section.

B. The policy referred to in subsection A of this section shall

provide coverage therein or supplemental thereto for the protection

of persons insured thereunder who are legally entitled to recover

damages from owners or operators of uninsured motor vehicles and

hit-and-run motor vehicles because of bodily injury, sickness or

disease, including death resulting therefrom. Coverage shall be not

less than the amounts or limits prescribed for bodily injury or

death for a policy meeting the requirements of Section 7-204 of

Title 47 of the Oklahoma Statutes, as the same may be hereafter

amended; provided, however, that increased limits of liability shall

be offered and purchased if desired, not to exceed the limits

provided in the policy of bodily injury liability of the insured.

Policies issued, renewed or reinstated after November 1, 2014, shall

not be subject to stacking or aggregation of limits unless expressly

provided for by an insurance carrier. The uninsured motorist

coverage shall be upon a form approved by the Insurance Commissioner

as otherwise provided in the Insurance Code and may provide that the

parties to the contract shall, upon demand of either, submit their

differences to arbitration; provided, that if agreement by

arbitration is not reached within three (3) months from date of

demand, the insured may sue the tort-feasor.

C. For the purposes of this coverage the term "uninsured motor

vehicle" shall include an insured motor vehicle where the liability

Oklahoma Statutes - Title 36. Insurance Page 808

insurer thereof is unable to make payment with respect to the legal

liability of its insured within the limits specified therein because

of insolvency. For the purposes of this coverage the term

"uninsured motor vehicle" shall also include an insured motor

vehicle, the liability limits of which are less than the amount of

the claim of the person or persons making such claim, regardless of

the amount of coverage of either of the parties in relation to each

other.

D. An insurer's insolvency protection shall be applicable only

to accidents occurring during a policy period in which its insured's

uninsured motorist coverage is in effect where the liability insurer

of the tort-feasor becomes insolvent within one (1) year after such

an accident. Nothing herein contained shall be construed to prevent

any insurer from according insolvency protection under terms and

conditions more favorable to its insured than is provided hereunder.

E. For purposes of this section, there is no coverage for any

insured while occupying a motor vehicle owned by, or furnished or

available for the regular use of the named insured, a resident

spouse of the named insured, or a resident relative of the named

insured, if such motor vehicle is not insured by a motor vehicle

insurance policy.

F. In the event of payment to any person under the coverage

required by this section and subject to the terms and conditions of

such coverage, the insurer making such payment shall, to the extent

thereof, be entitled to the proceeds of any settlement or judgment

resulting from the exercise of any rights of recovery of such person

against any person or organization legally responsible for the

bodily injury for which such payment is made, including the proceeds

recoverable from the assets of the insolvent insurer. Provided,

however, with respect to payments made by reason of the coverage

described in subsection C of this section, the insurer making such
esulting from the exercise of any rights of recovery of such person

against any person or organization legally responsible for the

bodily injury for which such payment is made, including the proceeds

recoverable from the assets of the insolvent insurer. Provided,

however, with respect to payments made by reason of the coverage

described in subsection C of this section, the insurer making such

payment shall not be entitled to any right of recovery against such

tort-feasor in excess of the proceeds recovered from the assets of

the insolvent insurer of said tort-feasor. Provided further, that

any payment made by the insured tort-feasor shall not reduce or be a

credit against the total liability limits as provided in the

insured's own uninsured motorist coverage. Provided further, that

if a tentative agreement to settle for liability limits has been

reached with an insured tort-feasor, written notice shall be given

by certified mail to the uninsured motorist coverage insurer by its

insured. Such written notice shall include:

1. Written documentation of pecuniary losses incurred,

including copies of all medical bills; and

2. Written authorization or a court order to obtain reports

from all employers and medical providers. Within sixty (60) days of

receipt of this written notice, the uninsured motorist coverage

insurer may substitute its payment to the insured for the tentative

Oklahoma Statutes - Title 36. Insurance Page 809

settlement amount. The uninsured motorist coverage insurer shall

then be entitled to the insured's right of recovery to the extent of

such payment and any settlement under the uninsured motorist

coverage. If the uninsured motorist coverage insurer fails to pay

the insured the amount of the tentative tort settlement within sixty

(60) days, the uninsured motorist coverage insurer has no right to

the proceeds of any settlement or judgment, as provided herein, for

any amount paid under the uninsured motorist coverage.

G. A named insured or applicant shall have the right to reject

uninsured motorist coverage in writing. The form signed by the

insured or applicant which initially rejects coverage or selects

lower limits shall remain valid for the life of the policy and the

completion of a new selection form shall not be required when a

renewal, reinstatement, substitute, replacement, or amended policy

is issued to the same-named insured by the same insurer or any of

its affiliates. Any changes to an existing policy, regardless of

whether these changes create new coverage, do not create a new

policy and do not require the completion of a new form.

After selection of limits, rejection, or exercise of the option

not to purchase uninsured motorist coverage by a named insured or

applicant for insurance, the insurer shall not be required to notify

any insured in any renewal, reinstatement, substitute, amended or

replacement policy as to the availability of such uninsured motorist

coverage or such optional limits. Such selection, rejection, or

exercise of the option not to purchase uninsured motorist coverage

by a named insured or an applicant shall be valid for all insureds

under the policy and shall continue until a named insured requests

in writing that the uninsured motorist coverage be added to an

existing or future policy of insurance.

H. The following are effective on forms required on or after

April 1, 2005. The offer of the coverage required by subsection B

of this section shall be in the following form which shall be filed

with and approved by the Insurance Commissioner. The form shall be

provided to the proposed insured in writing separately from the

application and shall read substantially as follows:

OKLAHOMA UNINSURED MOTORIST COVERAGE LAW

Oklahoma law gives you the right to buy Uninsured Motorist

coverage in the same amount as your bodily injury liability

coverage. THE LAW REQUIRES US TO ADVISE YOU OF THIS VALUABLE RIGHT
d by the Insurance Commissioner. The form shall be

provided to the proposed insured in writing separately from the

application and shall read substantially as follows:

OKLAHOMA UNINSURED MOTORIST COVERAGE LAW

Oklahoma law gives you the right to buy Uninsured Motorist

coverage in the same amount as your bodily injury liability

coverage. THE LAW REQUIRES US TO ADVISE YOU OF THIS VALUABLE RIGHT

FOR THE PROTECTION OF YOU, MEMBERS OF YOUR FAMILY, AND OTHER PEOPLE

WHO MAY BE HURT WHILE RIDING IN YOUR INSURED VEHICLE. YOU SHOULD

SERIOUSLY CONSIDER BUYING THIS COVERAGE IN THE SAME AMOUNT AS YOUR

LIABILITY INSURANCE COVERAGE LIMIT.

Uninsured Motorist coverage, unless otherwise provided in your

policy, pays for bodily injury damages to you, members of your

family who live with you, and other people riding in your car who

are injured by: (1) an uninsured motorist, (2) a hit-and-run

Oklahoma Statutes - Title 36. Insurance Page 810

motorist, or (3) an insured motorist who does not have enough

liability insurance to pay for bodily injury damages to any insured

person. Uninsured Motorist coverage, unless otherwise provided in

your policy, protects you and family members who live with you while

riding in any vehicle or while a pedestrian. THE COST OF THIS

COVERAGE IS SMALL COMPARED WITH THE BENEFITS!

You may make one of four choices about Uninsured Motorist

Coverage by indicating below what Uninsured Motorist coverage you

want:

____ I want the same amount of Uninsured Motorist coverage as my

bodily injury liability coverage.

____ I want minimum Uninsured Motorist coverage $25,000.00 per

person/$50,000.00 per occurrence.

____ I want Uninsured Motorist coverage in the following amount:

$______________ per person/$_________________ per occurrence.

____ I want to reject Uninsured Motorist coverage.

_________________________

Proposed Insured

THIS FORM IS NOT A PART OF YOUR POLICY AND DOES NOT PROVIDE

COVERAGE.

I. The Insurance Commissioner shall approve a deviation from

the form described in subsection H of this section if the form

includes substantially the same information.

J. A change in the bodily injury liability coverage due to a

change in the amount or limits prescribed for bodily injury or death

by a policy meeting the requirements of Section 7-204 of Title 47 of

the Oklahoma Statutes shall not be considered an amendment of the

bodily injury liability coverage and shall not require the

completion of a new form.

K. On the first renewal on or after April 1, 2005, the insurer

shall change the Uninsured Motorist coverage limits to $25,000.00

per person/$50,000.00 per occurrence and charge the corresponding

premium for existing policyholders who have selected Uninsured

Motorist coverage limits less than $25,000.00 per person/$50,000.00

per occurrence. At the first renewal on or after April 1, 2005, the

insurer shall provide existing policyholders who have selected

Uninsured Motorist coverage limits less than $25,000.00 per

person/$50,000.00 per occurrence a notice of the change of their

Uninsured Motorist coverage limits and that notice shall state how

such policyholders may reject Uninsured Motorist coverage limits or

select Uninsured Motorist coverage with limits higher than

$25,000.00 per person/$50,000.00 per occurrence. No notice shall be

required to existing policyholders who have rejected Uninsured

Motorist coverage or have selected Uninsured Motorist coverage

limits equal to or greater than $25,000.00 per person/$50,000.00 per

occurrence. For purposes of this subsection an existing

policyholder is a policyholder who purchased a policy from the

Oklahoma Statutes - Title 36. Insurance Page 811

insurer before April 1, 2005, and such policy renews on or after

April 1, 2005.