{"data":{"id":"us-ok/okla.-stat.-tit.-36-36-1230","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 36, § 36-1230","heading":"Solicitation or acceptance of an assignment of post-loss","body":"insurance benefits prohibited — Violations.\n\nA. For purposes of this act:\n\n1. \"Assignment agreement\" means any instrument by which post-\n\nloss benefits under an auto or residential or commercial property\n\ninsurance, including, but not limited to, any right of action\n\nagainst the insurer or any proceeds acquired from the insurer, are\n\nassigned, transferred, or acquired in any other manner, in whole or\n\nin part, to or from a person providing services, including, but not\n\nlimited to, communicating with an insurer on an insured's behalf or\n\ninspecting, estimating, protecting, repairing, restoring, or\n\nreplacing the property or mitigating against further damage to the\n\nproperty; and\n\n2. \"Person\" means:\n\na. a natural person,\n\nb. a service provider,\n\nc. any type or form of corporation, company, partnership,\n\nproprietorship, association, or other legal entity,\n\nand\n\nd. a government, governmental subdivision or agency, or\n\nother governmental body.\n\nB. 1. A person shall not solicit or accept an assignment, in\n\nwhole or in part, of any post-loss insurance benefit for property\n\ndamage under an auto collision or comprehensive policy, residential\n\nproperty insurance policy, or commercial property insurance policy.\n\nAn assignment agreement is against public policy and is null and\n\nvoid, and any contract entered in violation of this section shall be\n\nvoid and unenforceable.\n\n2. The provisions of paragraph 1 of this subsection do not\n\napply to any of the following:\n\na. an assignment, transfer, pledge, or conveyance granted\n\nto a federally insured financial institution,\n\nmortgagee, or a subsequent purchaser of the property,\n\nor\n\nb. liability coverage under an auto, residential, or\n\ncommercial property insurance policy.\n\nC. Violation of subsection B of this section is considered an\n\nunfair or deceptive trade practice. Any person who is found to have\n\nviolated the provisions of subsection B of this section shall be\n\nsubject to the procedures and penalties as other unfair or deceptive\n\ntrade practices outlined in Title 36 of the Oklahoma Statutes.\n\nD. Nothing in this section shall be interpreted to prohibit an\n\nattorney from collecting an attorney fee for an action related to a\n\nproperty insurance claim.\n\nE. Nothing in this section shall be construed to prohibit an\n\ninsured from authorizing or directing payment to, or paying, a\n\nperson for services, materials, or any other thing which may be, or\n\nis, covered under an insurance policy. Insurers shall issue payment\n\ndirectly to a person for services, materials, and other items that\n\nare covered under an insurance policy, when the insured agrees that\n\nany person providing such services should be paid directly, subject\n\nto applicable liens.","path":["OK Code","Title 36"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os36.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"cf392fbc961f7efeae5c7683a3fd201bd53c899fb92edf31235cc6baf9e53a5b","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-36-36-123","next":"us-ok/okla.-stat.-tit.-36-36-124"},"notice":"GroundRules: Original legal text. Not legal advice."}