{"data":{"id":"us-ok/okla.-stat.-tit.-36-36-1435.16","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 36, § 36-1435.16","heading":"Termination of appointment, employment, contract or","body":"other business relationship – Notification – Immunity from liability\n\n– Confidentiality – Final adjudicated actions.\n\nA. An insurer or authorized representative of the insurer that\n\nterminates the appointment, employment, contract or other insurance\n\nbusiness relationship with a producer shall notify the Insurance\n\nCommissioner within thirty (30) days following the effective date of\n\nthe termination, using a format prescribed by the Insurance\n\nCommissioner, if the reason for termination is one of the reasons\n\nset forth in Section 13 of this act or the insurer has knowledge the\n\nproducer was found by a court, government body, or self-regulatory\n\norganization authorized by law to have engaged in any of the\n\nactivities in Section 13 of this act. Upon the written request of\n\nthe Insurance Commissioner, the insurer shall provide additional\n\ninformation, documents, records or other data pertaining to the\n\ntermination or activity of the producer.\n\nB. An insurer or authorized representative of the insurer that\n\nterminates the appointment, employment, or contract with a producer\n\nfor any reason not set forth in Section 13 of this act, shall notify\n\nthe Insurance Commissioner within thirty (30) days following the\n\neffective date of the termination, using a format prescribed by the\n\nInsurance Commissioner. Upon written request of the Insurance\n\nCommissioner, the insurer shall provide additional information,\n\ndocuments, records or other data pertaining to the termination.\n\nC. The insurer or the authorized representative of the insurer\n\nshall promptly notify the Insurance Commissioner in a format\n\nacceptable to the Insurance Commissioner if, upon further review or\n\ninvestigation, the insurer discovers additional information that\n\nwould have been reportable to the Insurance Commissioner in\n\naccordance with subsection A of this section had the insurer then\n\nknown of its existence.\n\nD. 1. Within fifteen (15) days after making the notification\n\nrequired by subsections A, B and C of this section, the insurer\n\nshall mail a copy of the notification to the producer at the\n\nproducer’s last-known address. If the producer is terminated for\n\ncause for any of the reasons listed in Section 13 of this act, the\n\ninsurer shall provide a copy of the notification to the producer at\n\nthe producer’s last-known address by certified mail, return receipt\n\nrequested, postage prepaid or by overnight delivery using a\n\nnationally recognized carrier.\n\n2. Within thirty (30) days after the producer has received the\n\noriginal or additional notification, the producer may file written\n\ncomments concerning the substance of the notification with the\n\nInsurance Commissioner. The producer shall, by the same means,\n\nsimultaneously send a copy of the comments to the reporting insurer,\n\nand the comments shall become a part of the Insurance Commissioner’s\n\nfile and accompany every copy of a report distributed or disclosed\n\nfor any reason about the producer as permitted under subsection F of\n\nthis section.\n\nE. 1. In the absence of actual malice, an insurer, the\n\nauthorized representative of the insurer, a producer, the Insurance\n\nCommissioner, or an organization of which the Insurance Commissioner\n\nis a member and that compiles the information and makes it available\n\nto other Insurance Commissioners or regulatory or law enforcement\n\nagencies shall not be subject to civil liability, and a civil cause\n\nof action of any nature shall not arise against these entities or\n\ntheir respective agents or employees, as a result of any statement\n\nor information required by or provided pursuant to this section or\n\nany information relating to any statement that may be requested in\n\nwriting by the Insurance Commissioner, from an insurer or producer;\n\nor a statement by a terminating insurer or producer to an insurer or\n\nproducer limited solely and exclusively to whether a termination for\n\ncause under subsection A of this section was reported to the\nformation required by or provided pursuant to this section or\n\nany information relating to any statement that may be requested in\n\nwriting by the Insurance Commissioner, from an insurer or producer;\n\nor a statement by a terminating insurer or producer to an insurer or\n\nproducer limited solely and exclusively to whether a termination for\n\ncause under subsection A of this section was reported to the\n\nInsurance Commissioner, provided that the propriety of any\n\ntermination for cause under subsection A of this section is\n\ncertified in writing by an officer or authorized representative of\n\nthe insurer or producer terminating the relationship.\n\n2. In any action brought against a person that may have\n\nimmunity under paragraph 1 of this subsection for making any\n\nstatement required by this section or providing any information\n\nrelating to any statement that may be requested by the Insurance\n\nCommissioner, the party bringing the action shall plead specifically\n\nin any allegation that paragraph 1 of this subsection does not apply\n\nbecause the person making the statement or providing the information\n\ndid so with actual malice.\n\n3. Paragraph 1 or 2 of this subsection shall not abrogate or\n\nmodify any existing statutory or common law privileges or\n\nimmunities.\n\nF. 1. Any documents, materials or other information in the\n\ncontrol or possession of the Department of Insurance that is\n\nfurnished by an insurer, producer or an employee or agent thereof\n\nacting on behalf of the insurer or producer, or obtained by the\n\nInsurance Commissioner in an investigation pursuant to this section\n\nshall be confidential by law and privileged, shall not be subject to\n\nthe Open Records Act, shall not be subject to subpoena, and shall\n\nnot be subject to discovery or admissible in evidence in any private\n\ncivil action. However, the Insurance Commissioner is authorized to\n\nuse the documents, materials or other information in the furtherance\n\nof any regulatory or legal action brought as a part of the Insurance\n\nCommissioner’s duties.\n\n2. Neither the Insurance Commissioner nor any person who\n\nreceived documents, materials or other information while acting\n\nunder the authority of the Insurance Commissioner shall be permitted\n\nor required to testify in any private civil action concerning any\n\nconfidential documents, materials, or information subject to\n\nparagraph 1 of this subsection.\n\n3. In order to assist in the performance of the Insurance\n\nCommissioner’s duties under this act, the Insurance Commissioner:\n\na. may share documents, materials or other information,\n\nincluding the confidential and privileged documents,\n\nmaterials or information subject to paragraph 1 of\n\nthis subsection, with other state, federal, and\n\ninternational regulatory agencies, with the National\n\nAssociation of Insurance Commissioners, its affiliates\n\nor subsidiaries, and with state, federal, and\n\ninternational law enforcement authorities, provided\n\nthat the recipient agrees to maintain the\n\nconfidentiality and privileged status of the document,\n\nmaterial or other information,\n\nb. may receive documents, materials or information,\n\nincluding otherwise confidential and privileged\n\ndocuments, materials or information, from the National\n\nAssociation of Insurance Commissioners, its affiliates\n\nor subsidiaries and from regulatory and law\n\nenforcement officials of other foreign or domestic\n\njurisdictions, and shall maintain as confidential or\n\nprivileged any document, material or information\n\nreceived with notice or the understanding that it is\n\nconfidential or privileged under the laws of the\n\njurisdiction that is the source of the document,\n\nmaterial or information, and\n\nc. may enter into agreements governing sharing and use of\n\ninformation consistent with this subsection.\n\n4. No waiver of any applicable privilege or claim of\n\nconfidentiality in the documents, materials, or information shall\nwith notice or the understanding that it is\n\nconfidential or privileged under the laws of the\n\njurisdiction that is the source of the document,\n\nmaterial or information, and\n\nc. may enter into agreements governing sharing and use of\n\ninformation consistent with this subsection.\n\n4. No waiver of any applicable privilege or claim of\n\nconfidentiality in the documents, materials, or information shall\n\noccur as a result of disclosure to the Commissioner under this\n\nsection or as a result of sharing as authorized in paragraph 3 of\n\nthis subsection.\n\n5. Nothing in the Oklahoma Producer Licensing Act shall\n\nprohibit the Insurance Commissioner from releasing final,\n\nadjudicated actions including for cause terminations that are open\n\nto public inspection pursuant to the Open Records Act to a database\n\nor other clearinghouse service maintained by the National\n\nAssociation of Insurance Commissioners, its affiliates or\n\nsubsidiaries of the National Association of Insurance Commissioners.\n\nG. An insurer, the authorized representative of the insurer, or\n\nproducer that fails to report as required under the provisions of\n\nthis section or that is found to have reported with actual malice by\n\na court of competent jurisdiction may, after notice and hearing,\n\nhave its license or certificate of authority suspended or revoked\n\nand may be fined in accordance with Section 13 of this act.","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":"1658f965df97960b51757356699cb7c8e0d38c5c012699cf8bc91a0c5b1446f1","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-36-36-1435.15","next":"us-ok/okla.-stat.-tit.-36-36-1435.17"},"notice":"GroundRules: Original legal text. Not legal advice."}