1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 3092 By: Tedford
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6 AS INTRODUCED
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7 An Act relating to insurance; amending 36 O.S. 2021,
7 Section 3639.1, which relates to cancellation,
8 refusal to renew or increase premium of homeowner's
8 insurance policy; prohibiting certain terminations;
9 prohibiting certain actions by insurers for claims
9 occurring more than five years before policy
10 effective date or renewal; directing that insurers
10 shall not refuse underwriting risk for homeowner's
11 insurance in certain cases; prohibiting certain
11 actions by insurers for certain claims; providing
12 exceptions; directing that insurers may only consider
12 at-fault motor vehicle claims history in provided
13 time frame; and providing an effective date.
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16 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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17 SECTION 1. AMENDATORY 36 O.S. 2021, Section 3639.1, is
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18 amended to read as follows:
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19 Section 3639.1 A. No insurer shall cancel, refuse to renew or
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20 otherwise terminate, or increase the premium of a homeowner's
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21 insurance policy or any other personal residential insurance
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22 coverage, which has been in effect more than forty-five (45) days,
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23 solely because the insured filed a first claim against the policy.
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 1 B. No insurer shall cancel, refuse to renew or otherwise
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2 terminate, or increase the premium of a homeowner's insurance policy
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3 or any other personal residential insurance coverage, including, but
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4 not limited to, flood insurance, because of a claim that occurred
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5 more than five (5) years before the effective date of the policy or
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6 renewal. No insurer shall refuse to underwrite risk for homeowner's
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7 insurance policy or any other personal residential insurance
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8 coverage, including but not limited to flood insurance, because of a
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9 claim that occurred more than five (5) years before the date of
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10 application.
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11 C. No insurer shall cancel, refuse to renew or otherwise
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12 terminate, or increase the premium of a homeowner's insurance policy
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13 or any other personal residential insurance coverage, including but
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14 not limited to flood insurance, based on the claims history of an
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15 insured for weather-related claims, unless there were three (3) or
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16 more weather-related claims within the preceding three (3) year
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17 period. This subsection shall not apply to claims for weather-
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18 related events for which the insurer provided written notice to the
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19 insured for a reasonable or customary repairs or replacement
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20 specific to the insured's premises or dwelling which the insured
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21 failed to make and which, if made, would have prevented the loss for
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22 which a claim was made.
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 1 D. The provisions of this section shall not be construed to
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2 prevent the cancellation, nonrenewal or increase in premium of a
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3 homeowner's insurance policy for the following reasons:
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4 1. Nonpayment of premium;
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5 2. Discovery of fraud or material misrepresentation in the
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6 procurement of the insurance or with respect to any claims submitted
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7 thereunder;
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8 3. Discovery of willful or reckless acts or omissions on the
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9 part of the named insured which increase any hazard insured against;
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10 4. A change in the risk which substantially increases any
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11 hazard insured against after insurance coverage has been issued or
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12 renewed;
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13 5. Violation of any local fire, health, safety, building, or
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14 construction regulation or ordinance with respect to any insured
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15 property or the occupancy thereof which substantially increases any
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16 hazard insured against;
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17 6. A determination by the Insurance Commissioner that the
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18 continuation of the policy would place the insurer in violation of
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19 the insurance laws of this state; or
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20 7. Conviction of the named insured of a crime having as one of
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21 its necessary elements an act increasing any hazard insured against.
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22 E. An insurer shall give to the named insured at the mailing
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23 address shown on a homeowner's policy, a written renewal notice that
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24 shall include new premium, new deductible, new limits or coverage at
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 1 least thirty (30) days prior to the expiration date of the policy.
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2 If the insurer fails to provide such notice, the premium,
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3 deductible, limits and coverage provided to the named insurer prior
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4 to the change shall remain in effect until notice is given or until
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5 the effective date of replacement coverage obtained by the named
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6 insured, whichever occurs first. If notice is given by mail, the
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7 notice shall be deemed to have been given on the day the notice is
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8 mailed. If the insured elects not to renew, any earned premium for
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9 the period of extension of the terminated policy shall be calculated
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10 pro rata at the lower of the current or previous year's rate. If
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11 the insured accepts the renewal, the premium increase, if any, and
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12 other changes shall be effective the day following the prior
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13 policy's expiration or anniversary date.
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14 C. F. In the event an insured cancels a homeowner's insurance
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15 policy or any other personal residential insurance coverage, written
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16 notice shall be provided by the insured to the insurer that provided
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17 the coverage being canceled. The notice of cancellation shall
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18 provide the date of the cancellation of the policy and the insurer
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19 shall reimburse the insured for any premiums paid for coverage
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20 beyond the date of cancellation of the policy.
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21 D. G. An insurer canceling a policy under subsection C F of
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22 this section shall not be liable for claims arising after the date
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23 of cancellation.
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 1 H. An insurer may only consider the applicant's at-fault motor
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2 vehicle claims history during the preceding three (3) years when
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3 rating a homeowner's insurance policy or any other personal
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4 residential insurance coverage.
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5 SECTION 2. This act shall become effective November 1, 2024.
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7 59-2-9053 MJ 12/07/23
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