Okla. Stat. tit. 36, § 36-2038: Recovery of distribution of insurer - Limitations

A. If an order for liquidation or rehabilitation of a member

insurer domiciled in this state has been entered, the receiver

appointed under such order shall have a right to recover on behalf

of the member insurer, from any affiliate that controlled it, the

amount of distributions, other than stock dividends paid by the

member insurer on its capital stock, made at any time during the

five (5) years preceding the petition for liquidation or

rehabilitation subject to the limitations of subsections B through D

of this section.

B. No such dividend shall be recoverable if the member insurer

shows that when paid the distribution was lawful and reasonable, and

that the member insurer did not know and could not reasonably have

known that the distribution might adversely affect the ability of

the member insurer to fulfill its contractual obligations.

C. Any person who was an affiliate that controlled the member

insurer at the time the distributions were paid shall be liable up

to the amount of distributions he received. Any person who was an

affiliate that controlled the member insurer at the time the

distributions were declared shall be liable up to the amount of

distributions he would have received if they have been paid

immediately. If two persons are liable with respect to the same

distributions, they shall be jointly and severally liable.

D. The maximum amount recoverable under this subsection shall

be the amount needed in excess of all other available assets of the

insolvent insurer to pay the contractual obligations of the

insolvent insurer.

E. If any person liable under subsection C of this section is

insolvent, all its affiliates that controlled it at the time the

dividend was paid shall be jointly and severally liable for any

resulting deficiency in the amount recovered from the insolvent

affiliate.