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.

Status: in_force · Read it on the official government site

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About this page: Statute text is reproduced from official government publishers via the Open US Law dataset (Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine (Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.