Okla. Stat. tit. 36, § 36-3640

A. As used in this section:

1. “Certificate” or “certificate of insurance” means any

document or instrument, no matter how titled or described, which is

prepared or issued by an insurer or insurance producer as evidence

of property or casualty insurance coverage. “Certificate” or

“certificate of insurance” shall not include a policy of insurance

or insurance binder;

2. “Certificate holder” means any person, other than a

policyholder, that requests, obtains, or possesses a certificate of

insurance;

3. “Insurance producer” shall be defined as provided in Section

1435.2 of Title 36 of the Oklahoma Statutes;

4. “Insurer” shall be defined as provided in Section 103 of

Title 36 of the Oklahoma Statutes; and

5. “Policyholder” means a person who has contracted with a

property or casualty insurer for insurance coverage.

B. No person may prepare, issue, or request the issuance of a

certificate of insurance unless the form has been filed with and

approved by the Insurance Commissioner, except as provided in

subsection E of this section. No person may alter or modify an

approved certificate of insurance form.

C. The Commissioner shall disapprove a form filed pursuant to

this section, or withdraw approval of a form, if the form:

1. Is unjust, unfair, misleading, or deceptive, or violates

public policy;

2. Fails to comply with the requirements of subsection D of

this section; or

3. Violates any law, including any regulation adopted by the

Insurance Commissioner.

D. Each certificate of insurance shall contain the following or

similar statement: “This certificate of insurance is issued as a

matter of information only and confers no rights upon the

certificate holder. This certificate does not amend, extend, or

Oklahoma Statutes - Title 36. Insurance Page 817

alter the coverage, terms, exclusions, and conditions afforded by

the policies referenced herein.”

E. Standard certificate of insurance forms promulgated by the

Association of Cooperative Operations Research and Development or

the Insurance Services Office are deemed approved by the Insurance

Commissioner and shall not be required to be filed if the forms

otherwise comply with the requirements of this section.

F. No person, wherever located, shall demand or require the

issuance of a certificate of insurance from an insurer, insurance

producer, or policyholder which contains any false or misleading

information concerning the policy of insurance to which the

certificate makes reference.

G. No person, wherever located, may knowingly prepare or issue

a certificate of insurance that contains any false or misleading

information or that purports to affirmatively or negatively alter,

amend, or extend the coverage provided by the policy of insurance to

which the certificate makes reference.

H. No person may prepare, issue, demand, or require, either in

addition to or in lieu of a certificate of insurance, an opinion

letter or other document or correspondence that is inconsistent with

this section; provided, however, an insurer or insurance producer

may prepare or issue an addendum to a certificate that clarifies and

explains the coverages provided by a policy of insurance and

otherwise complies with the requirements of this section.

I. The provisions of this section apply to all certificate

holders, policyholders, insurers or insurance producers with regard

to a certificate of insurance issued on property or casualty

operations or a risk located in this state, regardless of where the

certificate holder, policyholder, insurer or insurance producer is

located. These provisions shall not be construed to apply to:

1. Evidence of insurance required by a lender in a lending

transaction involving:

a. a mortgage,

b. a lien,

c. a deed or trust, or

d. any other security interest in real or personal

property as security for a loan;

2. A certificate issued under:

a. a group or individual policy for:

(1) life insurance,
or insurance producer is

located. These provisions shall not be construed to apply to:

1. Evidence of insurance required by a lender in a lending

transaction involving:

a. a mortgage,

b. a lien,

c. a deed or trust, or

d. any other security interest in real or personal

property as security for a loan;

2. A certificate issued under:

a. a group or individual policy for:

(1) life insurance,

(2) credit insurance,

(3) accident and health insurance,

(4) long-term care benefit insurance, or

(5) Medicare supplement insurance, or

b. an annuity contract; or

Oklahoma Statutes - Title 36. Insurance Page 818

3. Standard proof of motor vehicle liability insurance pursuant

to the requirements of Section 3636 of Title 36 of the Oklahoma

Statutes.

J. A certificate of insurance is not a policy of insurance and

does not affirmatively or negatively amend, extend, or alter the

coverage afforded by the policy to which the certificate of

insurance makes reference. A certificate of insurance shall not

confer to a certificate holder new or additional rights beyond what

the referenced policy of insurance expressly provides.

K. No certificate of insurance shall contain references to

contracts, including construction or service contracts, other than

the referenced contract of insurance. Notwithstanding any

requirements, term, or condition of any contract or other document

with respect to which a certificate of insurance may be issued or

may pertain, the insurance afforded by the referenced policy of

insurance shall be subject to all the terms, exclusions and

conditions of the policy itself.

L. A certificate holder shall only have a legal right to notice

of cancellation, nonrenewal, or any material change, or any similar

notice concerning a policy of insurance if the person is named

within the policy or any endorsement as an additional insured and

the policy or endorsement requires notice to be provided. The terms

and conditions of the notice, including the required timing of the

notice, are governed by the policy of insurance and cannot be

altered by a certificate of insurance.

M. An insurance producer who is not associated with an

insurer’s captive distribution system may charge a reasonable

service fee for issuing a certificate to a policy holder or

certificate holder.

N. Any certificate of insurance or any other document or

correspondence prepared, issued, demanded, or required in violation

of this section shall be null and void and of no force and effect.

O. Any person who violates this section may be fined up to One

Thousand Dollars ($1,000.00) per violation.

P. The Commissioner shall have the authority to examine and

investigate the activities of any person that the Commissioner

reasonably believes has been or is engaged in an act or practice

prohibited by this section. The Commissioner shall have the

authority to enforce the provisions of this section and impose any

authorized penalty or remedy against any person who violates this

section.

Q. The Commissioner may adopt reasonable rules and regulations

as are necessary or proper to carry out the provisions of this

section.