{"data":{"id":"us-ok/okla.-stat.-tit.-36-36-2043","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 36, § 36-2043","heading":"Advertising prohibited - Exemptions - Preparation of","body":"summary document - Disclaimer - Notice of noncoverage.\n\nA. No person, including a member insurer, agent or affiliate of\n\na member insurer, shall make, publish, disseminate, circulate or\n\nplace before the public, or cause directly or indirectly to be made,\n\npublished, disseminated, circulated or placed before the public, in\n\nany newspaper, magazine or other publication, or in the form of a\n\nnotice, circular, pamphlet, letter or poster, or over any radio\n\nstation or television station, or in any other way, any\n\nadvertisement, announcement or statement which uses the existence of\n\nthe Oklahoma Life and Health Insurance Guaranty Association of this\n\nstate for the purpose of sales, solicitation or inducement to\n\npurchase any form of insurance or other coverage covered by the\n\nOklahoma Life and Health Insurance Guaranty Association Act.\n\nProvided, however, that this section shall not apply to the Oklahoma\n\nLife and Health Insurance Guaranty Association or any other entity\n\nwhich does not sell or solicit insurance or coverage by a health\n\nmaintenance organization.\n\nB. The Association shall have a summary document describing the\n\ngeneral purposes and current limitations of the Association and\n\ncomplying with subsection C of this section. This document shall\n\nhave been submitted to, and approved by, the Insurance Commissioner.\n\nSixty (60) days after receiving such approval, no member insurer\n\nshall deliver a policy or contract described in paragraph 1 of\n\nsubsection B of Section 2025 of this title to a policy owner,\n\ncontract owner, certificate holder or enrollee unless the document\n\nis delivered to the policy or contract holder prior to or at the\n\ntime of delivery of the policy or contract, except if subsection D\n\nof this section applies. The document should also be available upon\n\nrequest by a policy owner, contract owner, certificate holder or\n\nenrollee. The distribution, delivery or contents or interpretation\n\nof this document shall not mean that either the policy or the\n\ncontract or the holder thereof would be covered in the event of\n\nimpairment or insolvency of a member insurer. The description\n\ndocument shall be revised by the Association as amendments to the\n\nact may require. Failure to receive this document does not give the\n\npolicyholder, contract holder, certificate holder, enrollee or\n\ninsured any greater rights than those stated in this act.\n\nC. The document prepared under subsection B of this section\n\nshall contain a clear and conspicuous disclaimer on its face. The\n\nCommissioner shall promulgate a rule establishing the form and\n\ncontent of the disclaimer. The disclaimer shall:\n\n1. State the name and address of the life and health insurance\n\nguaranty association and insurance department;\n\n2. Prominently warn the policy owner, contract owner,\n\ncertificate holder or enrollee that the Life and Health Insurance\n\nGuaranty Association may not cover the policy or contract or, if\n\ncoverage is available, it will be subject to substantial\n\nlimitations, exclusions and conditioned on continued residence in\n\nthe state;\n\n3. State that the member insurer and its agents are prohibited\n\nby law from using the existence of the Oklahoma Life and Health\n\nInsurance Guaranty Association for the purpose of sales,\n\nsolicitation or inducement to purchase any form of insurance or\n\nhealth maintenance organization coverage;\n\n4. Emphasize that the policy or contract holder should not rely\n\non coverage under the Oklahoma Life and Health Insurance Guaranty\n\nAssociation when selecting an insurer;\n\n5. Provide other information as directed by the Commissioner.\n\nD. No insurer or agent may deliver a policy or contract\n\ndescribed in paragraph 1 of subsection B of Section 2025 of this\n\ntitle, but excluded under subparagraph a of paragraph 2 of\n\nsubsection B of Section 2025 of this title from coverage under the\nsociation when selecting an insurer;\n\n5. Provide other information as directed by the Commissioner.\n\nD. No insurer or agent may deliver a policy or contract\n\ndescribed in paragraph 1 of subsection B of Section 2025 of this\n\ntitle, but excluded under subparagraph a of paragraph 2 of\n\nsubsection B of Section 2025 of this title from coverage under the\n\nOklahoma Life and Health Insurance Guaranty Association Act, unless\n\nthe insurer or agent, prior to or at the time of delivery, gives the\n\npolicy owner, contract owner, certificate holder or enrollee a\n\nseparate written notice which clearly and conspicuously discloses\n\nthat the policy or contract is not covered by the Life and Health\n\nInsurance Guaranty Association. The Commissioner shall by rule\n\nspecify the form and content of the notice.","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":"30f213ea0f7a9bf5a25efb5c3996bc3279f36e101fd73222a71fb607f9a9d608","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-36-36-2042","next":"us-ok/okla.-stat.-tit.-36-36-2044"},"notice":"GroundRules: Original legal text. Not legal advice."}