{"data":{"id":"us-ok/okla.-stat.-tit.-36-36-1435.3","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 36, § 36-1435.3","heading":"Agency of insurance producer - Authority - Commissions","body":"A. Every insurance producer, as defined pursuant to paragraph 7\n\nof Section 1435.2 of this title, or limited lines producer who\n\nsolicits or negotiates an application for insurance of any kind\n\nshall, in any controversy between the insured or the insured's\n\nbeneficiary and the insurer, be regarded as representing the insurer\n\nand not the insured or the insured's beneficiary. This provision\n\nshall not affect the apparent authority of an insurance producer.\n\nB. Every surplus lines insurance broker who solicits an\n\napplication for insurance of any kind shall, in any controversy\n\nbetween the insured or the insured's beneficiary and the insurer\n\nissuing any policy upon such application, be regarded as\n\nrepresenting the insured or the insured's beneficiary and not the\n\ninsurer. Any company which directly or through its agents delivers\n\nin this state to any insurance broker, a policy of insurance\n\npursuant to the application or request of such broker, acting for an\n\ninsured other than himself or herself, shall be deemed to have\n\nauthorized such broker to receive on its behalf, payment of any\n\npremium which is due on such policy of insurance at the time of its\n\nissuance or delivery.\n\nC. Every licensed insurance producer shall be entitled to\n\ncommissions on all premiums collected for group insurance policies\n\nnegotiated by the insurance producer on behalf of an insurer and an\n\ninsurer shall be required to pay such commissions to the insurance\n\nproducer, except entitlement to commissions shall automatically\n\nterminate without notice, effective on the date of the occurrence of\n\nany of the following events:\n\n1. The insurance producer's license to engage in accident and\n\nhealth insurance business is terminated or revoked by this state or\n\nany other public authority for cause. As used in this paragraph,\n\n\"cause\" shall be defined as perpetration by the insurance producer\n\nof fraud or embezzlement;\n\n2. Material breach of the insurance producer's contract with\n\nthe account or insurer, excluding production requirements;\n\n3. Termination of the insurance producer's \"Agent of Record\"\n\nrelationship with the employer or account; or\n\n4. Death of the insurance producer, unless the contract between\n\nthe insurer states otherwise or the right to the commission has\n\nvested.\n\nRecovery of such commissions shall be through civil action. In any\n\naction brought pursuant to this subsection, the court may award\n\nreasonable attorney fees to the prevailing party.","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":"c626704ffd5105c00a97b6d2d2dc69132111227eba02dc04d1d09b1760f13d18","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-36-36-1435.29","next":"us-ok/okla.-stat.-tit.-36-36-1435.33"},"notice":"GroundRules: Original legal text. Not legal advice."}