Okla. Stat. tit. 85A, § 85A-42
This is the official text of Okla. Stat. tit. 85A, § 85A-42, part of Oklahoma’s Stat. tit. 85A, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 85A,." Browse the sections below, each linked to its official government source.
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Required insurance policy provisions
Official statutory text
A. Contents. Every policy or contract of insurance issued by a
carrier to an employer to secure the payment of compensation under
the Administrative Workers’ Compensation Act shall contain:
1. a. Provisions that identify the insured employer and
either identify each covered employee or describe
covered employees by class or type of labor performed
and the estimated number of employees of each such
class or type.
b. No single policy of workers’ compensation insurance
may be issued to any group of employers who are
unaffiliated with one another in terms of ownership,
control, or right to participate in the profits of the
affiliated enterprises;
2. Provisions that insolvency or bankruptcy of the employer or
discharge therein shall not relieve the carrier from payment of
compensation for compensable injuries sustained by an employee
during the term of the policy or contract;
3. a. The agreement of the carrier that it shall promptly
pay to the person entitled to compensation every
installment of compensation that may be awarded or
agreed on and that this obligation shall not be
affected by any default of the employer or by any
default in the giving of any notice required by the
policy or otherwise.
b. The agreement shall be construed to be a direct
obligation by the carrier to the person entitled to
compensation, enforceable in that person’s name; and
Oklahoma Statutes - Title 85A. Workers' Compensation Page 68
4. Such other provisions as the Insurance Department allows or
requires carriers to include in workers’ compensation policies.
B. Cancellation.
1. An employer may cancel coverage with a carrier by giving the
carrier at least thirty (30) days’ notice, unless a shorter period
is permitted under subparagraph b of this paragraph.
a. Cancellation of coverage is effective at 12:01 a.m.
thirty (30) days after the date the cancellation
notice is received by the carrier, unless a later date
is specified in the notice to the carrier.
b. (1) An employer may cancel coverage effective less
than thirty (30) days after written notice is
received by the carrier where the employer
obtains other coverage or becomes a self-insurer.
Notice may be sent by electronic means if the
recipient consents to such method of delivery and
the insurer is in compliance with the provisions
of the Uniform Electronic Transactions Act.
Electronic delivery is considered to be
equivalent to any delivery method required by
law, including first-class mail, postage prepaid,
certified mail, certificate of mail, or
certificate of mailing.
(2) A cancellation under this subsection is effective
immediately on the effective date of the other
coverage or on authorization as a self-insurer.
2. a. A notice of cancellation from the carrier shall state
the hour and date that cancellation is effective.
b. A carrier shall not cancel coverage issued to an
employer under the Administrative Workers’
Compensation Act before the date specified for
expiration in the policy or contract or until at least
thirty (30) days have elapsed after a notice of
cancellation has been mailed or sent electronically to
the Commission and to the employer, or until ten (10)
days have elapsed after the notice has been mailed or
sent electronically to the employer and to the
Commission if the cancellation is for nonpayment of
premium.
c. If the employer procures other insurance within the
notice period, the effective date of the new policy
shall be the cancellation date of the old policy.
3. Cancellation of coverage by an employer or a carrier shall
in no way limit liability that was incurred under the policy or
contract before the effective date of cancellation.
C. Coverage.
Oklahoma Statutes - Title 85A. Workers' Compensation Page 69
1. No policy or contract of insurance shall be issued against
liability under the Administrative Workers’ Compensation Act unless
old policy.
3. Cancellation of coverage by an employer or a carrier shall
in no way limit liability that was incurred under the policy or
contract before the effective date of cancellation.
C. Coverage.
Oklahoma Statutes - Title 85A. Workers' Compensation Page 69
1. No policy or contract of insurance shall be issued against
liability under the Administrative Workers’ Compensation Act unless
the policy or contract covers the entire liability of the employer.
Split coverage whereby some employees of an employer are insured by
one carrier and other employees are insured by another carrier, or a
plan of self-insurance, is expressly prohibited except for a policy
issued covering the liability of an employer or of multiple
employers as to specific jobs, ventures, contracts, or undertakings,
but only if the policy meets with the reasonable satisfaction and
approval of the Insurance Commissioner that the policy is in the
best interest of the employers and the employees concerned and does
not unduly or improperly affect the continuity of workers’
compensation coverage by seriously and negatively affecting other
carriers and agents with outstanding policies issued to any of the
employers in issue.
2. The terms of the policy or contract shall govern any
questions of liability between the employer and the carrier.
D. Under such rules as may be adopted by the Insurance
Commissioner, and notwithstanding other provisions of the
Administrative Workers’ Compensation Act, he or she may certify five
or more employers as an insurance group which shall be considered an
employer for the purposes of the Administrative Workers’
Compensation Act.
carrier to an employer to secure the payment of compensation under
the Administrative Workers’ Compensation Act shall contain:
1. a. Provisions that identify the insured employer and
either identify each covered employee or describe
covered employees by class or type of labor performed
and the estimated number of employees of each such
class or type.
b. No single policy of workers’ compensation insurance
may be issued to any group of employers who are
unaffiliated with one another in terms of ownership,
control, or right to participate in the profits of the
affiliated enterprises;
2. Provisions that insolvency or bankruptcy of the employer or
discharge therein shall not relieve the carrier from payment of
compensation for compensable injuries sustained by an employee
during the term of the policy or contract;
3. a. The agreement of the carrier that it shall promptly
pay to the person entitled to compensation every
installment of compensation that may be awarded or
agreed on and that this obligation shall not be
affected by any default of the employer or by any
default in the giving of any notice required by the
policy or otherwise.
b. The agreement shall be construed to be a direct
obligation by the carrier to the person entitled to
compensation, enforceable in that person’s name; and
Oklahoma Statutes - Title 85A. Workers' Compensation Page 68
4. Such other provisions as the Insurance Department allows or
requires carriers to include in workers’ compensation policies.
B. Cancellation.
1. An employer may cancel coverage with a carrier by giving the
carrier at least thirty (30) days’ notice, unless a shorter period
is permitted under subparagraph b of this paragraph.
a. Cancellation of coverage is effective at 12:01 a.m.
thirty (30) days after the date the cancellation
notice is received by the carrier, unless a later date
is specified in the notice to the carrier.
b. (1) An employer may cancel coverage effective less
than thirty (30) days after written notice is
received by the carrier where the employer
obtains other coverage or becomes a self-insurer.
Notice may be sent by electronic means if the
recipient consents to such method of delivery and
the insurer is in compliance with the provisions
of the Uniform Electronic Transactions Act.
Electronic delivery is considered to be
equivalent to any delivery method required by
law, including first-class mail, postage prepaid,
certified mail, certificate of mail, or
certificate of mailing.
(2) A cancellation under this subsection is effective
immediately on the effective date of the other
coverage or on authorization as a self-insurer.
2. a. A notice of cancellation from the carrier shall state
the hour and date that cancellation is effective.
b. A carrier shall not cancel coverage issued to an
employer under the Administrative Workers’
Compensation Act before the date specified for
expiration in the policy or contract or until at least
thirty (30) days have elapsed after a notice of
cancellation has been mailed or sent electronically to
the Commission and to the employer, or until ten (10)
days have elapsed after the notice has been mailed or
sent electronically to the employer and to the
Commission if the cancellation is for nonpayment of
premium.
c. If the employer procures other insurance within the
notice period, the effective date of the new policy
shall be the cancellation date of the old policy.
3. Cancellation of coverage by an employer or a carrier shall
in no way limit liability that was incurred under the policy or
contract before the effective date of cancellation.
C. Coverage.
Oklahoma Statutes - Title 85A. Workers' Compensation Page 69
1. No policy or contract of insurance shall be issued against
liability under the Administrative Workers’ Compensation Act unless
old policy.
3. Cancellation of coverage by an employer or a carrier shall
in no way limit liability that was incurred under the policy or
contract before the effective date of cancellation.
C. Coverage.
Oklahoma Statutes - Title 85A. Workers' Compensation Page 69
1. No policy or contract of insurance shall be issued against
liability under the Administrative Workers’ Compensation Act unless
the policy or contract covers the entire liability of the employer.
Split coverage whereby some employees of an employer are insured by
one carrier and other employees are insured by another carrier, or a
plan of self-insurance, is expressly prohibited except for a policy
issued covering the liability of an employer or of multiple
employers as to specific jobs, ventures, contracts, or undertakings,
but only if the policy meets with the reasonable satisfaction and
approval of the Insurance Commissioner that the policy is in the
best interest of the employers and the employees concerned and does
not unduly or improperly affect the continuity of workers’
compensation coverage by seriously and negatively affecting other
carriers and agents with outstanding policies issued to any of the
employers in issue.
2. The terms of the policy or contract shall govern any
questions of liability between the employer and the carrier.
D. Under such rules as may be adopted by the Insurance
Commissioner, and notwithstanding other provisions of the
Administrative Workers’ Compensation Act, he or she may certify five
or more employers as an insurance group which shall be considered an
employer for the purposes of the Administrative Workers’
Compensation Act.
Status: in_force · Read it on the official government site
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