{"data":{"id":"us-ok/okla.-stat.-tit.-85a-85a-42","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 85A, § 85A-42","heading":"Required insurance policy provisions","body":"A. Contents. Every policy or contract of insurance issued by a\n\ncarrier to an employer to secure the payment of compensation under\n\nthe Administrative Workers’ Compensation Act shall contain:\n\n1. a. Provisions that identify the insured employer and\n\neither identify each covered employee or describe\n\ncovered employees by class or type of labor performed\n\nand the estimated number of employees of each such\n\nclass or type.\n\nb. No single policy of workers’ compensation insurance\n\nmay be issued to any group of employers who are\n\nunaffiliated with one another in terms of ownership,\n\ncontrol, or right to participate in the profits of the\n\naffiliated enterprises;\n\n2. Provisions that insolvency or bankruptcy of the employer or\n\ndischarge therein shall not relieve the carrier from payment of\n\ncompensation for compensable injuries sustained by an employee\n\nduring the term of the policy or contract;\n\n3. a. The agreement of the carrier that it shall promptly\n\npay to the person entitled to compensation every\n\ninstallment of compensation that may be awarded or\n\nagreed on and that this obligation shall not be\n\naffected by any default of the employer or by any\n\ndefault in the giving of any notice required by the\n\npolicy or otherwise.\n\nb. The agreement shall be construed to be a direct\n\nobligation by the carrier to the person entitled to\n\ncompensation, enforceable in that person’s name; and\n\n4. Such other provisions as the Insurance Department allows or\n\nrequires carriers to include in workers’ compensation policies.\n\nB. Cancellation.\n\n1. An employer may cancel coverage with a carrier by giving the\n\ncarrier at least thirty (30) days’ notice, unless a shorter period\n\nis permitted under subparagraph b of this paragraph.\n\na. Cancellation of coverage is effective at 12:01 a.m.\n\nthirty (30) days after the date the cancellation\n\nnotice is received by the carrier, unless a later date\n\nis specified in the notice to the carrier.\n\nb. (1) An employer may cancel coverage effective less\n\nthan thirty (30) days after written notice is\n\nreceived by the carrier where the employer\n\nobtains other coverage or becomes a self-insurer.\n\nNotice may be sent by electronic means if the\n\nrecipient consents to such method of delivery and\n\nthe insurer is in compliance with the provisions\n\nof the Uniform Electronic Transactions Act.\n\nElectronic delivery is considered to be\n\nequivalent to any delivery method required by\n\nlaw, including first-class mail, postage prepaid,\n\ncertified mail, certificate of mail, or\n\ncertificate of mailing.\n\n(2) A cancellation under this subsection is effective\n\nimmediately on the effective date of the other\n\ncoverage or on authorization as a self-insurer.\n\n2. a. A notice of cancellation from the carrier shall state\n\nthe hour and date that cancellation is effective.\n\nb. A carrier shall not cancel coverage issued to an\n\nemployer under the Administrative Workers’\n\nCompensation Act before the date specified for\n\nexpiration in the policy or contract or until at least\n\nthirty (30) days have elapsed after a notice of\n\ncancellation has been mailed or sent electronically to\n\nthe Commission and to the employer, or until ten (10)\n\ndays have elapsed after the notice has been mailed or\n\nsent electronically to the employer and to the\n\nCommission if the cancellation is for nonpayment of\n\npremium.\n\nc. If the employer procures other insurance within the\n\nnotice period, the effective date of the new policy\n\nshall be the cancellation date of the old policy.\n\n3. Cancellation of coverage by an employer or a carrier shall\n\nin no way limit liability that was incurred under the policy or\n\ncontract before the effective date of cancellation.\n\nC. Coverage.\n\n1. No policy or contract of insurance shall be issued against\n\nliability under the Administrative Workers’ Compensation Act unless\nold policy.\n\n3. Cancellation of coverage by an employer or a carrier shall\n\nin no way limit liability that was incurred under the policy or\n\ncontract before the effective date of cancellation.\n\nC. Coverage.\n\n1. No policy or contract of insurance shall be issued against\n\nliability under the Administrative Workers’ Compensation Act unless\n\nthe policy or contract covers the entire liability of the employer.\n\nSplit coverage whereby some employees of an employer are insured by\n\none carrier and other employees are insured by another carrier, or a\n\nplan of self-insurance, is expressly prohibited except for a policy\n\nissued covering the liability of an employer or of multiple\n\nemployers as to specific jobs, ventures, contracts, or undertakings,\n\nbut only if the policy meets with the reasonable satisfaction and\n\napproval of the Insurance Commissioner that the policy is in the\n\nbest interest of the employers and the employees concerned and does\n\nnot unduly or improperly affect the continuity of workers’\n\ncompensation coverage by seriously and negatively affecting other\n\ncarriers and agents with outstanding policies issued to any of the\n\nemployers in issue.\n\n2. The terms of the policy or contract shall govern any\n\nquestions of liability between the employer and the carrier.\n\nD. Under such rules as may be adopted by the Insurance\n\nCommissioner, and notwithstanding other provisions of the\n\nAdministrative Workers’ Compensation Act, he or she may certify five\n\nor more employers as an insurance group which shall be considered an\n\nemployer for the purposes of the Administrative Workers’\n\nCompensation Act.","path":["OK Code","Title 85A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os85A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"ccec3af7a236ddeded57178b19df064c28069b91a8fd0b2ad206dd7009ff09fc","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-85a-85a-41","next":"us-ok/okla.-stat.-tit.-85a-85a-43"},"notice":"GroundRules: Original legal text. Not legal advice."}