§ 36-6470.3. License – Limitations on risks covered – Requirements for conducting business in state – Information required – Fees – Provisional license.

A.  A captive insurance company, when permitted by its articles of incorporation or charter, may apply to the Insurance Commissioner for a license to do any and all insurance authorized by this title; however:

1.  A pure captive insurance company may not insure any risks other than those of its parent, affiliated companies, controlled unaffiliated business, or a combination thereof;

2.  An association captive insurance company may not insure any risks other than those of the member organizations of its association and their affiliated companies;

3.  An industrial insured captive insurance company may not insure any risks other than those of the industrial insureds that comprise the industrial insured group and their affiliated companies;

4.  A special purpose captive insurance company may provide insurance or reinsurance, or both, for risks as approved by the Insurance Commissioner;

5.  A captive insurance company may not provide personal motor vehicle or homeowner’s insurance coverage or any component of these coverages; and

6.  Any captive insurance company may provide excess workers’ compensation insurance to its parent and affiliated companies, unless prohibited by federal law or laws of this state or any other state having jurisdiction over the transaction, and any captive insurance company, unless prohibited by federal law, may reinsure workers’ compensation of a qualified self-insured plan of its parent and affiliated companies.

B.  To conduct insurance business in this state a captive insurance company shall:

1.  Obtain from the Insurance Commissioner a license authorizing it to conduct insurance business in this state;

2.  Maintain a place of business in this state designated as its registered office; and

3.  Appoint a resident registered agent to accept service of process and to otherwise act on its behalf in this state.  Whenever the registered agent cannot with reasonable diligence be found at the registered office of the captive insurance company, the Insurance Commissioner shall be deemed an agent of the captive insurance company upon whom any process, notice, or demand may be served.

C.  1.  Before receiving a license, a captive insurance company shall file with the Commissioner a certified copy of its organizational documents, a statement under oath of its president or other authorized person showing its financial condition, a feasibility study, a business plan, and any other statements, information or documents required by the Commissioner.

2.  In addition to the information required by paragraph 1 of this subsection, an applicant captive insurance company shall file with the Insurance Commissioner evidence of:

a.the amount and liquidity of its assets relative to the risks to be assumed,

b.the adequacy of the expertise, experience, and character of the person or persons who will manage it,

c.the overall soundness of its plan of operation,

d.the adequacy of the loss prevention programs of its insureds, and

e.such other factors considered relevant by the Insurance Commissioner in ascertaining whether the proposed captive insurance company will be able to meet its obligations.

3.  Information submitted pursuant to this subsection is confidential and may not be made public by the Insurance Commissioner or an agent or employee of the Insurance Commissioner without the written consent of the company, except that:

a.information may be discoverable by a party in a civil action or contested case to which the captive insurance company that submitted the information is a party, upon a showing by the party seeking to discover the information that:

(1)the information sought is relevant to and necessary for the furtherance of the action or case,

(2)the information sought is unavailable from other nonconfidential sources, and

(3)a subpoena issued by a judicial or administrative officer of competent jurisdiction has been submitted to the Insurance Commissioner; however, the provisions of this paragraph do not apply to an industrial insured captive insurance company insuring the risks of an industrial insured group, and

b.the Insurance Commissioner may disclose the information to a public officer having jurisdiction over the regulation of insurance in another state if:

(1)the public official agrees in writing to maintain the confidentiality of the information, and

(2)the laws of the state in which the public official serves require the information to be confidential.

D.  A captive insurance company shall pay to the Department a nonrefundable application fee of Two Hundred Dollars ($200.00) for reviewing its application to determine whether it is complete and in addition, the Insurance Commissioner may retain legal, financial, and examination services from outside the Department, the reasonable cost of which may be charged against the applicant.  Also, a captive insurance company shall pay a license fee for the year of registration and a renewal fee of Three Hundred Dollars ($300.00).

E.  If the Insurance Commissioner is satisfied that the documents and statements filed by the captive insurance company comply with the provisions of the Oklahoma Captive Insurance Company Act, the Insurance Commissioner may grant a license authorizing the company to do insurance business in this state until the succeeding March 1 at which time the license may be renewed.

F.  1.  Notwithstanding any other provision of this act, the Insurance Commissioner may issue a provisional license to any applicant captive insurance company for a period not to exceed sixty (60) days if the Insurance Commissioner deems that the public interest will be served by the issuance of such license.

2.  As a condition precedent to the issuance of a provisional license under this section, the applicant shall have filed a complete application containing all information required by this section, paid all fees required for licensure and the Insurance Commissioner shall have made a preliminary finding that the expertise, experience and character of the person or persons who will control and manage the applicant captive insurer are acceptable.

3.  The Insurance Commissioner may by order limit the authority of any provisional licensee in any way deemed necessary to protect insureds and the public.  The Insurance Commissioner may by order revoke a provisional license if the interests of insureds or the public are endangered.  If the applicant fails to complete the regular licensure application process, the provisional license shall terminate automatically.

Added by Laws 2004, c. 334, § 10, emerg. eff. May 25, 2004.  Amended by Laws 2006, c. 265, § 2, eff. Nov. 1, 2006; Laws 2012, c. 365, § 5, emerg. eff. June 8, 2012; Laws 2013, c. 41, § 6, Nov. 1, 2013.