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§ 3629. Forms of proof of loss--Offer of settlement or rejection of claim

Oklahoma Statutes AnnotatedTitle 36. InsuranceEffective: November 1, 2018

Oklahoma Statutes Annotated
Title 36. Insurance (Refs & Annos)
Chapter 1. Insurance Code (Refs & Annos)
Article 36. The Insurance Contract in General
Effective: November 1, 2018
36 Okl.St.Ann. § 3629
§ 3629. Forms of proof of loss--Offer of settlement or rejection of claim
A. An insurer shall furnish, upon written request of any insured claiming to have a loss under an insurance contract issued by such insurer, forms of proof of loss for completion by such person, but such insurer shall not, by reason of the requirement so to furnish forms, have any responsibility for or with reference to the completion of such proof or the manner of any such completion or attempted completion.
B. It shall be the duty of the insurer, receiving a proof of loss, to submit a written offer of settlement or rejection of the claim to the insured within sixty (60) days of receipt of that proof of loss. Upon a judgment rendered to either party, costs and attorney fees shall be allowable to the prevailing party. For purposes of this section, the prevailing party is the insurer in those cases where judgment does not exceed written offer of settlement. In all other judgments the insured shall be the prevailing party. If the insured is the prevailing party, the court in rendering judgment shall add interest on the verdict at the rate of fifteen percent (15%) per year from the date the loss was payable pursuant to the provisions of the contract to the date of the verdict. This provision shall not apply to uninsured motorist coverage.

Credits

Laws 1957, p. 370, § 3629, operative July 1, 1957; Laws 1977, c. 133, § 1, eff. Oct. 1, 1977; Laws 1985, c. 79, § 1, eff. Nov. 1, 1985; Laws 2018, c. 95, § 8, eff. Nov. 1, 2018.
36 Okl. St. Ann. § 3629, OK ST T. 36 § 3629
Current with emergency effective legislation through Chapter 125 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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