{"data":{"id":"us-ok/okla.-stat.-tit.-36-36-1924.1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 36, § 36-1924.1","heading":"Limitation on actions","body":"A. If applicable statutory or common law, an order, or an\n\nagreement fixes, defines, extends or tolls a period within which the\n\ninsurer may commence an action, and this period has not expired\n\nbefore the date of the filing of the initial petition in a\n\ndelinquency proceeding as defined in Section 1901 of Title 36 of the\n\nOklahoma Statutes, the receiver shall not by reason thereof be\n\nbarred from commencing such an action if the receiver does so on or\n\nbefore the later of:\n\n1. The end of the period, including any suspension of the\n\nperiod occurring on or after the filing of the initial petition in a\n\ndelinquency proceeding; or\n\n2. Four (4) years after the entry of the order commencing a\n\ndelinquency proceeding or entry of a subsequent order granting a\n\ndifferent form of relief in a delinquency proceeding.\n\nB. Except as provided in subsection A of this section, if\n\napplicable law, an order or an agreement fixes, defines, extends or\n\ntolls a period within which the insurer may file any pleading,\n\ndemand, notice, or proof of claim or loss, or cure a default in a\n\ncase or proceeding, or perform any other similar act, and the period\n\nhas not expired before the date of the filing of the initial\n\npetition in a delinquency proceeding, the receiver shall not by\n\nreason thereof be barred from filing, curing or performing, as the\n\ncase may be, if the receiver does so on or before the later of:\n\n1. The end of the period, including any suspension of the\n\nperiod occurring on or after the filing of the initial petition in a\n\ndelinquency proceeding; or\n\n2. One hundred eighty (180) days after the entry of the order\n\ngranting the initial petition in the delinquency proceeding, or\n\nwithin such further extension thereof granted by the court which is\n\nshown to the satisfaction of the court not to be unfairly\n\nprejudicial to the other party.\n\nC. If applicable law, an order or an agreement fixes, defines,\n\nextends or tolls a period for commencing or continuing a civil\n\naction in a court other than the receivership court on a claim\n\nagainst the insurer, and the period has not expired before the date\n\nof the filing of the initial petition in a delinquency proceeding,\n\nthen the period does not expire until the later of:\n\n1. The end of the period, including any suspension of the\n\nperiod occurring on or after the filing of the initial petition in a\n\ndelinquency proceeding; or\n\n2. Thirty (30) days after termination or expiration of a court\n\nordered stay with respect to the claim.\n\nD. An allegation by the receiver of improper or fraudulent\n\nconduct against any person shall not be the basis of a defense to\n\nthe enforcement of a contractual obligation owed to the insurer by a\n\nthird party, but the third party is not barred by this section from\n\nseeking to establish independently as a defense that the conduct was\n\nmaterially and substantially related to the contractual obligation\n\nfor which enforcement is sought.\n\nE. No prior wrongful or negligent actions of any present or\n\nformer officer, manager, director, trustee, owner, employee or agent\n\nof the insurer may be asserted as a defense to a claim by the\n\nreceiver under a theory of estoppel, comparative fault, intervening\n\ncause, proximate cause, reliance, mitigation of damages or\n\notherwise; except that the affirmative defense of fraud in the\n\ninducement may be asserted against the receiver in a claim based on\n\na contract and a principal under a surety bond or a surety\n\nundertaking shall be entitled to credit against any reimbursement\n\nobligation to the receiver for the value of any property pledged to\n\nsecure the reimbursement obligation to the extent that the receiver\n\nhas possession or control of the property or the insurer or its\n\nagents misappropriated such property. Evidence of fraud in the\n\ninducement will be admissible only if it is contained in the records\n\nof the insurer.\ne entitled to credit against any reimbursement\n\nobligation to the receiver for the value of any property pledged to\n\nsecure the reimbursement obligation to the extent that the receiver\n\nhas possession or control of the property or the insurer or its\n\nagents misappropriated such property. Evidence of fraud in the\n\ninducement will be admissible only if it is contained in the records\n\nof the insurer.\n\nF. No action or inaction by the insurance regulatory\n\nauthorities may be asserted as a defense to a claim by the receiver.\n\nG. A judgment or order entered against an insured or the\n\ninsurer in contravention of any stay or injunction under the Uniform\n\nInsurers Liquidation Act, or at any time by default or collusion,\n\nshall not be considered as evidence of liability or of the quantum\n\nof damages in adjudicating claims filed in the estate arising out of\n\nthe subject matter of the judgment or order.\n\nH. The provisions of subsection G of this section do not apply\n\nto guaranty associations’ claims for amounts paid on settlements and\n\njudgments in pursuit of their statutory obligations.","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":"e110136c6cbc670f3d8dc10f16b9ec50d6103c8156e0fc6a89776bc386fb5e2c","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-36-36-1923","next":"us-ok/okla.-stat.-tit.-36-36-1925"},"notice":"GroundRules: Original legal text. Not legal advice."}