Okla. Stat. tit. 36, § 36-1435.3: Agency of insurance producer - Authority - Commissions

A. Every insurance producer, as defined pursuant to paragraph 7

of Section 1435.2 of this title, or limited lines producer who

solicits or negotiates an application for insurance of any kind

shall, in any controversy between the insured or the insured's

beneficiary and the insurer, be regarded as representing the insurer

and not the insured or the insured's beneficiary. This provision

shall not affect the apparent authority of an insurance producer.

B. Every surplus lines insurance broker who solicits an

application for insurance of any kind shall, in any controversy

between the insured or the insured's beneficiary and the insurer

issuing any policy upon such application, be regarded as

representing the insured or the insured's beneficiary and not the

insurer. Any company which directly or through its agents delivers

in this state to any insurance broker, a policy of insurance

pursuant to the application or request of such broker, acting for an

insured other than himself or herself, shall be deemed to have

authorized such broker to receive on its behalf, payment of any

premium which is due on such policy of insurance at the time of its

issuance or delivery.

C. Every licensed insurance producer shall be entitled to

commissions on all premiums collected for group insurance policies

negotiated by the insurance producer on behalf of an insurer and an

insurer shall be required to pay such commissions to the insurance

producer, except entitlement to commissions shall automatically

terminate without notice, effective on the date of the occurrence of

any of the following events:

1. The insurance producer's license to engage in accident and

health insurance business is terminated or revoked by this state or

any other public authority for cause. As used in this paragraph,

"cause" shall be defined as perpetration by the insurance producer

of fraud or embezzlement;

2. Material breach of the insurance producer's contract with

the account or insurer, excluding production requirements;

3. Termination of the insurance producer's "Agent of Record"

relationship with the employer or account; or

4. Death of the insurance producer, unless the contract between

the insurer states otherwise or the right to the commission has

vested.

Recovery of such commissions shall be through civil action. In any

action brought pursuant to this subsection, the court may award

reasonable attorney fees to the prevailing party.