Imágenes de páginas
PDF
EPUB

provisions, restrictions, prohibitions, examinations or conditions greater than required for similar purposes from similar companies of other States by the then existing laws of this State, then and in every such case all companies of such States establishing or having heretofore established an agency or agencies in this State, shall be and are hereby required to make the same deposit and comply with such provisions, restrictions, prohibitions, examinations and conditions for like purpose in this State and pay to the Insurance Commissioner of this State the taxes, fines, penalties, license fees, or otherwise an amount equal to the amount of such charges and payments imposed by the laws of such State upon the companies of

this State and the agents thereof." REINSURANCE-Authorized companies are not expressly prohibited from

reinsuring in unlicensed companies, but no credit is allowed, in reserve or taxes, for such reinsurances. All reinsurances must be reported. In the form of "Agreement and Application for License" is included an agreement “not to reinsure any business written in the State of Oklahoma in a company not approved and having the Insurance Commissioner appointed attorney for service. The Commissioner has requested foreign treaty companies to execute one power of attorney at their home offices, to cover all

treaties. REINSURANCE RESERVE-On New York basis. RESIDENT AGENTS—“Foreign companies admitted to do business in this

State shall make contracts of insurance upon lives, property, or interests herein, only through lawfully constituted and licensed resident agents. Provided, this section shall not apply to direct insurance covering the rolling stock of railroad corporations, or property received for shipment from one State to another while in the possession or custody of railroad cor

porations or other common carriers.” Sec. 3434. SEMI-ANNUAL STATEMENTS—None required. STANDARD POLICY—New York Standard form of policy is legalized for

use in Oklahoma in writing mercantile risks, if the words "Oklahoma Standard Policy" are printed on the back of each policy. All other forms to be used in Oklahoma must be approved by the Insurance Commissioner. A form of tornado policy adopted by the companies has been approved by

the Commissioner. TAXES—Sec. 3426. “Every foreign insurance company doing business

in this State under the provisions of this Act shall, annually, on or before the last day of February, report under oath of the President or Secretary or other chief officer of such company to the Insurance Commissioner, the total amount of gross premiums received in this State within the twelve months next preceding the first of January, or since the last return of such premiums were made by such company; and shall, at the same time, pay to the Insurance Commissioner an entrance fee as provided by Article XIX of the Constitution of the State of Oklahoma, and an annual tax of two per centum on all premiums collected in this State,

after all cancellations and dividends to policy holders are deducted and an annual tax of three dollars on each local agent, and such other fees as may be paid to said Insurance Commissioner, which taxes shall be in lieu of all other taxes or fees and the taxes and fees of any subdivision or municipality of the State. Any company failing to make such returns and payments promptly and correctly shall forfeit and pay to the Insurance Commissioner, in addition to the amount of said taxes, the sum of five hundred dollars; and the company so failing or neglecting for sixty days shall thereafter be debarred from transacting any business of insurance in this State, until said taxes and penalties are fully paid, and the Insurance Commissioner shall revoke the certificate of authority granted to the agent, or agents of that company to transact business in this State.” See “Reciprocal Law." No credit is allowed for reinsurances in unauthorized companies. A tax of one-fourth of one per cent on gross premium receipts is levied to defray the expenses of the State Fire Marshal's office, payable in February to the Insurance Commissioner. (An opinion of the AttorneyGeneral suggested certain deductions from gross premiums, and the Insur

ance Department construed same to mean net premiums.) TAX STATEMENTS-Must be filed with Insurance Commissioner on or be

fore last day of February, under penalty of $500. VALUED POLICY_Chapter 53, Laws of 1893, Sec. 3807, which was prac

tically a valued policy provision, is excluded from the new Harris-Day Code, approved by the last Legislature.

COUNTY TAXES AND FEES.

None.

MUNICIPAL TAXES AND FEES.
The Attorney-General has ruled that occupation taxes levied by towns

do not apply to foreign companies, but only to domestic companies.)
DUNCAN—For each agent, $10, payable May 1.
KING FISHER-For each agent, $5.50.
IDABEL-For each agent, $i per annum.
MARIETTA-For each agent, $5, payable October 1.
OKLAHOMA CITY-For each broker, $25 per annum.
OKMULGEE-For each agent, $25, payable May 1.
PAUL'S VALLEY-For each agent, $10, payable May 1.
SULPHUR-For each agent, $5.
WYNNEWOOD—For each agency, $5, payable May 1.

OREGON.*

STATE REQUIREMENTS. AGENTS DEFINED— The word "agent” is construed to apply to a person,

firm or corporation. “Any person who solicits insurance, receives an application or order to write, renew, or procure any policy, collect any premium, or who attempts as middleman to place any fire insurance in this State, shall

be deemed an insurance agent, and shall comply with the provisions herein." AGENTS' LICENSES—Sec. 4639. “Every insurance company licensed to

transact a fire insurance business in this State and lawfully doing such business therein, may, in respect thereof, establish agencies in this State, to consist of but one agent for each city, town or village in the State to represent each title registered, as hereinbefore provided, and additional agencies as hereinafter provided, and the name of every agent appointed in accordance with the provisions of this section shall be filed with the Insurance Commissioner immediately upon the making of such appointment by any such company. The Insurance Commissioner shall thereupon issue to each such agent a certificate setting forth that such agent is entitled to act for the company appointing him for the balance of the current year ending December 31 following the date of such appointment. Every such agent now representing any such company, or who may hereafter be appointed to represent any such company, shall be relicensed during the month of December in each year for the ensuing calendar year upon proper application to the Insurance Commissioner by the company appointing him. The fee fixed for issuing such certificate shall be $1.00 and shall be paid to the Insurance Commissioner; provided, that the certificate issued to an established agency of any company in any city, town or village in the State may be transferred by the Insurance Commissioner upon proper application of any such company, without exacting further fees.” Sec. 4640: “Any insurance company or association may appoint additional agents in any city, town or village of this State by paying in advance to the county wherein such additional agent is appointed a quarterly license of $100 for every such additional agent so appointed, and the proper officer of the county, upon receiving payment for such license, shall issue his receipt therefor, and the Insurance Commissioner, upon presentation to him of such receipt by the licensee, shall issue to such licensee a certificate setting forth that such additional agent is entitled to act for the company appointing him. The application for the license, and the license, shall designate the name of the city, town or village for which he is appointed, and such agent must be a resident thereof and shall maintain his office there; provided, that in

Section numbers are from Bellinger and Cotton's Code. 1903.

cities containing a population of 40,000 or more inhabitants, any insurance company or association may appoint two agents under the provisions of Sec. 4639.” Penalty for acting without license, fine of not less than $500

for each offense, or imprisonment for not less than fifty days. ANNUAL STATEMENTS—Must be filed on or before March 1, and must be

sworn to by an executive officer of the company or manager of department, from records of which such statement is compiled. Person making false sworn statement is guilty of perjury and may be imprisoned for from one to three years. Penalty for making false entries on books or papers, im

prisonment for from one to three years. ANTI-COINSURANCE—No law prohibiting use of coinsurance clauses. ANTI-COMPACT-Act of February 24, 1909. Sec. 14, as amended in 1911.

“If any company, corporation, association, or partnership, engaged in the
business of casualty insurance, marine insurance, plate glass insurance,
suretyship or fire insurance within the State of Oregon, shall enter into
any compact or combination, or shall require or allow, with knowledge
thereof, their agents, in Oregon, to enter into any such contract, trust, or
combination with other insurance agents, or companies, or other agents or
companies, for the purpose of governing or controlling the rates charged
for casualty insurance, marine insurance, plate glass insurance, or surety
bonds, or fire insurance within this State, or for the purpose of discrim-
inating against any company or its agent by reason of its affiliation or
non-affiliation with any board or association of casualty insurance com-
panies, marine insurance companies, plate glass insurance companies,
surety companies, or fire insurance companies, managers, or agents,
or for any other purpose detrimental to the public good, the
Insurance Commissioner shall forthwith revoke and cancel the
license
of such company

companies to transact conduct that class of casualty insurance, marine insurance, plate glass insurance, surety or fire insurance business in this State, the rates for which were governed or controlled by such compact or combination, and such authority to do that class of casualty insurance, marine insurance, plate glass insurance, surety or fire insurance business in this State, shall be withheld for the term of one year; provided, that this section shall not prohibit any general agents in Oregon of such casualty insurance association or companies, marine insurance association or companies, plate glass insurance association or companies, surety association or companies, or fire insurance association or companies from establishing or maintaining bureaus, which bureaus shall be maintained only for the purpose of ascertaining fair and equitable rates upon the insurable property in Oregon, and for casualty insurance, marine insurance, plate glass insurance and surety bonds, and for any other purpose for the public good. In case such bureaus are maintained, those agents or others, who shall be in charge thereof, shall, upon application, sell their rates, rules, and other information to any person who may desire to purchase them, and shall charge there for only a reasonable and fair compensation."

or

or

*

ANTI-REBATE–Policy must show the actual premium paid, together with a

correct statement of the amount of risk covered, otherwise the insurance shall be decreased so that the company shall be liable to the insured for only such proportion of the expressed amount as the actual premium bears to the expressed premium. Penalty for violation, fine of not over $500 and revocation of license. Company paying a commission to a broker who is not a licensed Oregon agent of the company taking the risk and paying the commission, is construed to be guilty of rebating. Exchanging or brokering business between agents licensed in Oregon is ruled to be permissible; but this does not give any standing in Oregon to agents or brokers licensed

in other States, but not in Oregon. ATTORNEY-Sec. 4634."*

Every foreign fire, fire and marine, marine, life, life and accident, plate glass, casualty, and steam boiler insurance company now doing business in this State, or that may hereafter do business in this State, shall within sixty (60) days after the passage of this act, and on or before renewal or issuing of a license, appoint a general agent on whom legal service, if any necessary may be made and to whom all other agents of the company in the State shall make report, not less frequently than once a month, of business transacted.” In case

of disqualification, service may be made upon the Commissioner. CANCELLATION OF POLICY-No provision. CAPITAL REQUIRED—Company of another State must have an unimpaired

cash capital of at least $200,000; domestic company, $100,000. Penalty for advertising capital greater than amount paid up, fine of $500. Marine

company must have capital and surplus of $300,000. COMMISSIONS TO NON-RESIDENTS- Payment of such commissions

construed to be rebating. See "Anti-Rebate." DEPOSIT-Sec. 4617. “Every foreign corporation or company before en

gaging in the business of fire insurance, directly or indirectly, or assuming any such fire insurance risk within this State shall deposit with the Department of Insurance as follows: If its paid-up capital and unimpaired surplus aggregate $200,000 or more and it shall have a certificate of authority from the Insurance Commission of the State of New York to do business in the State of New York, $25,000, in the same manner as provided for express companies above, or in case of companies foreign to the United States, a like certificate from the proper authority of any other State having an insurance department, showing authority to do business in said State, and a certificate showing a deposit by such company of not less than two hundred thousand dollars in cash or approved securities, for the security of the policyholders of such company in the United States. in some State having an insurance department; provided, that any such foreign fire insurance company having paid-up capital stock and unimpaired surplus in the amount of $200,000 or more, and have a certificate of authority from the Insurance Commission of the State of New York to do business in the State of New York, or having the certificates above

« AnteriorContinuar »