{"data":{"id":"us-ok/okla.-stat.-tit.-36-36-3640","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 36, § 36-3640","heading":"Definitions - Denial of form - Certificate of insurance","body":"A. As used in this section:\n\n1. “Certificate” or “certificate of insurance” means any\n\ndocument or instrument, no matter how titled or described, which is\n\nprepared or issued by an insurer or insurance producer as evidence\n\nof property or casualty insurance coverage. “Certificate” or\n\n“certificate of insurance” shall not include a policy of insurance\n\nor insurance binder;\n\n2. “Certificate holder” means any person, other than a\n\npolicyholder, that requests, obtains, or possesses a certificate of\n\ninsurance;\n\n3. “Insurance producer” shall be defined as provided in Section\n\n1435.2 of Title 36 of the Oklahoma Statutes;\n\n4. “Insurer” shall be defined as provided in Section 103 of\n\nTitle 36 of the Oklahoma Statutes; and\n\n5. “Policyholder” means a person who has contracted with a\n\nproperty or casualty insurer for insurance coverage.\n\nB. No person may prepare, issue, or request the issuance of a\n\ncertificate of insurance unless the form has been filed with and\n\napproved by the Insurance Commissioner, except as provided in\n\nsubsection E of this section. No person may alter or modify an\n\napproved certificate of insurance form.\n\nC. The Commissioner shall disapprove a form filed pursuant to\n\nthis section, or withdraw approval of a form, if the form:\n\n1. Is unjust, unfair, misleading, or deceptive, or violates\n\npublic policy;\n\n2. Fails to comply with the requirements of subsection D of\n\nthis section; or\n\n3. Violates any law, including any regulation adopted by the\n\nInsurance Commissioner.\n\nD. Each certificate of insurance shall contain the following or\n\nsimilar statement: “This certificate of insurance is issued as a\n\nmatter of information only and confers no rights upon the\n\ncertificate holder. This certificate does not amend, extend, or\n\nalter the coverage, terms, exclusions, and conditions afforded by\n\nthe policies referenced herein.”\n\nE. Standard certificate of insurance forms promulgated by the\n\nAssociation of Cooperative Operations Research and Development or\n\nthe Insurance Services Office are deemed approved by the Insurance\n\nCommissioner and shall not be required to be filed if the forms\n\notherwise comply with the requirements of this section.\n\nF. No person, wherever located, shall demand or require the\n\nissuance of a certificate of insurance from an insurer, insurance\n\nproducer, or policyholder which contains any false or misleading\n\ninformation concerning the policy of insurance to which the\n\ncertificate makes reference.\n\nG. No person, wherever located, may knowingly prepare or issue\n\na certificate of insurance that contains any false or misleading\n\ninformation or that purports to affirmatively or negatively alter,\n\namend, or extend the coverage provided by the policy of insurance to\n\nwhich the certificate makes reference.\n\nH. No person may prepare, issue, demand, or require, either in\n\naddition to or in lieu of a certificate of insurance, an opinion\n\nletter or other document or correspondence that is inconsistent with\n\nthis section; provided, however, an insurer or insurance producer\n\nmay prepare or issue an addendum to a certificate that clarifies and\n\nexplains the coverages provided by a policy of insurance and\n\notherwise complies with the requirements of this section.\n\nI. The provisions of this section apply to all certificate\n\nholders, policyholders, insurers or insurance producers with regard\n\nto a certificate of insurance issued on property or casualty\n\noperations or a risk located in this state, regardless of where the\n\ncertificate holder, policyholder, insurer or insurance producer is\n\nlocated. These provisions shall not be construed to apply to:\n\n1. Evidence of insurance required by a lender in a lending\n\ntransaction involving:\n\na. a mortgage,\n\nb. a lien,\n\nc. a deed or trust, or\n\nd. any other security interest in real or personal\n\nproperty as security for a loan;\n\n2. A certificate issued under:\n\na. a group or individual policy for:\n\n(1) life insurance,\nor insurance producer is\n\nlocated. These provisions shall not be construed to apply to:\n\n1. Evidence of insurance required by a lender in a lending\n\ntransaction involving:\n\na. a mortgage,\n\nb. a lien,\n\nc. a deed or trust, or\n\nd. any other security interest in real or personal\n\nproperty as security for a loan;\n\n2. A certificate issued under:\n\na. a group or individual policy for:\n\n(1) life insurance,\n\n(2) credit insurance,\n\n(3) accident and health insurance,\n\n(4) long-term care benefit insurance, or\n\n(5) Medicare supplement insurance, or\n\nb. an annuity contract; or\n\n3. Standard proof of motor vehicle liability insurance pursuant\n\nto the requirements of Section 3636 of Title 36 of the Oklahoma\n\nStatutes.\n\nJ. A certificate of insurance is not a policy of insurance and\n\ndoes not affirmatively or negatively amend, extend, or alter the\n\ncoverage afforded by the policy to which the certificate of\n\ninsurance makes reference. A certificate of insurance shall not\n\nconfer to a certificate holder new or additional rights beyond what\n\nthe referenced policy of insurance expressly provides.\n\nK. No certificate of insurance shall contain references to\n\ncontracts, including construction or service contracts, other than\n\nthe referenced contract of insurance. Notwithstanding any\n\nrequirements, term, or condition of any contract or other document\n\nwith respect to which a certificate of insurance may be issued or\n\nmay pertain, the insurance afforded by the referenced policy of\n\ninsurance shall be subject to all the terms, exclusions and\n\nconditions of the policy itself.\n\nL. A certificate holder shall only have a legal right to notice\n\nof cancellation, nonrenewal, or any material change, or any similar\n\nnotice concerning a policy of insurance if the person is named\n\nwithin the policy or any endorsement as an additional insured and\n\nthe policy or endorsement requires notice to be provided. The terms\n\nand conditions of the notice, including the required timing of the\n\nnotice, are governed by the policy of insurance and cannot be\n\naltered by a certificate of insurance.\n\nM. An insurance producer who is not associated with an\n\ninsurer’s captive distribution system may charge a reasonable\n\nservice fee for issuing a certificate to a policy holder or\n\ncertificate holder.\n\nN. Any certificate of insurance or any other document or\n\ncorrespondence prepared, issued, demanded, or required in violation\n\nof this section shall be null and void and of no force and effect.\n\nO. Any person who violates this section may be fined up to One\n\nThousand Dollars ($1,000.00) per violation.\n\nP. The Commissioner shall have the authority to examine and\n\ninvestigate the activities of any person that the Commissioner\n\nreasonably believes has been or is engaged in an act or practice\n\nprohibited by this section. The Commissioner shall have the\n\nauthority to enforce the provisions of this section and impose any\n\nauthorized penalty or remedy against any person who violates this\n\nsection.\n\nQ. The Commissioner may adopt reasonable rules and regulations\n\nas are necessary or proper to carry out the provisions of this\n\nsection.","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":"b14f6b419d62816c2cc961c095c70c16834388347b7019056ad089feb59f0271","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-36-36-364","next":"us-ok/okla.-stat.-tit.-36-36-3641"},"notice":"GroundRules: Original legal text. Not legal advice."}