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36-3636.


36-3636.
   
   A. No policy insuring against loss resulting from liability imposed by
   law for bodily injury or death suffered by any person arising out of
   the ownership, maintenance or use of a motor vehicle shall be issued,
   delivered, renewed, or extended in this state with respect to a motor
   vehicle registered or principally garaged in this state unless the
   policy includes the coverage described in subsection B of this
   section.
   
   B. The policy referred to in subsection A of this section shall
   provide coverage therein or supplemental thereto for the protection of
   persons insured thereunder who are legally entitled to recover damages
   from owners or operators of uninsured motor vehicles and hit-and-run
   motor vehicles because of bodily injury, sickness or disease,
   including death resulting therefrom. Coverage shall be not less than
   the amounts or limits prescribed for bodily injury or death for a
   policy meeting the requirements of Section 7-204 of Title 47 of the
   Oklahoma Statutes, as the same may be hereafter amended; provided,
   however, that increased limits of liability shall be offered and
   purchased if desired, not to exceed the limits provided in the policy
   of bodily injury liability of the insured. The uninsured motorist
   coverage shall be upon a form approved by the Insurance Commissioner
   as otherwise provided in the Insurance Code and may provide that the
   parties to the contract shall, upon demand of either, submit their
   differences to arbitration; provided, that if agreement by arbitration
   is not reached within three (3) months from date of demand, the
   insured may sue the tort-feasor.
   
   C. For the purposes of this coverage the term "uninsured motor
   vehicle" shall include an insured motor vehicle where the liability
   insurer thereof is unable to make payment with respect to the legal
   liability of its insured within the limits specified therein because
   of insolvency. For the purposes of this coverage the term "uninsured
   motor vehicle" shall also include an insured motor vehicle, the
   liability limits of which are less than the amount of the claim of the
   person or persons making such claim, regardless of the amount of
   coverage of either of the parties in relation to each other.
   
   D. An insurer's insolvency protection shall be applicable only to
   accidents occurring during a policy period in which its insured's
   uninsured motorist coverage is in effect where the liability insurer
   of the tort-feasor becomes insolvent within one (1) year after such an
   accident. Nothing herein contained shall be construed to prevent any
   insurer from according insolvency protection under terms and
   conditions more favorable to its insured than is provided hereunder.
   
   E. In the event of payment to any person under the coverage required
   by this section and subject to the terms and conditions of such
   coverage, the insurer making such payment shall, to the extent
   thereof, be entitled to the proceeds of any settlement or judgment
   resulting from the exercise of any rights of recovery of such person
   against any person or organization legally responsible for the bodily
   injury for which such payment is made, including the proceeds
   recoverable from the assets of the insolvent insurer. Provided,
   however, with respect to payments made by reason of the coverage
   described in subsection C of this section, the insurer making such
   payment shall not be entitled to any right of recovery against such
   tort-feasor in excess of the proceeds recovered from the assets of the
   insolvent insurer of said tort-feasor. Provided further, that any
   payment made by the insured tort-feasor shall not reduce or be a
   credit against the total liability limits as provided in the insured's
   own uninsured motorist coverage. Provided further, that if a tentative
   agreement to settle for liability limits has been reached with an
   insured tort-feasor, written notice shall be given by certified mail
   to the uninsured motorist coverage insurer by its insured. Such
   written notice shall include:
   
   1. Written documentation of pecuniary losses incurred, including
   copies of all medical bills; and
   
   2. Written authorization or a court order to obtain reports from all
   employers and medical providers. Within sixty (60) days of receipt of
   this written notice, the uninsured motorist coverage insurer may
   substitute its payment to the insured for the tentative settlement
   amount. The uninsured motorist coverage insurer shall then be entitled
   to the insured's right of recovery to the extent of such payment and
   any settlement under the uninsured motorist coverage. If the uninsured
   motorist coverage insurer fails to pay the insured the amount of the
   tentative tort settlement within sixty (60) days, the uninsured
   motorist coverage insurer has no right to the proceeds of any
   settlement or judgment, as provided herein, for any amount paid under
   the uninsured motorist coverage.
   
   F. A named insured or applicant shall have the right to reject
   uninsured motorist coverage in writing, and except that unless a named
   insured or applicant requests such coverage in writing, such coverage
   need not be provided in or supplemental to any renewal, reinstatement,
   substitute, amended or replacement policy where a named insured or
   applicant had rejected the coverage in connection with a policy
   previously issued to him by the same insurer.
   
   G. Notwithstanding the provisions of this section, the following are
   the only instances in which a new form affecting uninsured motorist
   coverage shall be required:
   
   1. When an insurer is notified of a change in or an additional named
   insured;
   
   2. When there is an additional vehicle that is not a replacement
   vehicle; provided, a new form shall not be required for the addition,
   substitution or deletion of a vehicle from a commercial automobile
   liability policy covering a fleet of five (5) or more vehicles; or
   
   3. When the amount of bodily injury liability coverage is amended.
   Provided, any change in premium alone shall not require the issuance
   of a new form.
   
   After selection of limits, rejection, or exercise of the option not to
   purchase uninsured motorist coverage by a named insured or applicant
   for insurance, the insurer shall not be required to notify any insured
   in any renewal, reinstatement, substitute, amended or replacement
   policy as to the availability of such uninsured motorist coverage or
   such optional limits. Such selection, rejection, or exercise of the
   option not to purchase uninsured motorist coverage by a named insured
   or an applicant shall be valid for all insureds under the policy and
   shall continue until a named insured requests in writing that the
   uninsured motorist coverage be added to an existing or future policy
   of insurance.
   
   H. The offer of the coverage required by subsection B of this section
   shall be in the following form which shall be filed with and approved
   by the Insurance Commissioner. The form shall be provided to the
   proposed insured in writing separately from the application and shall
   read as follows:
   
                  OKLAHOMA UNINSURED MOTORIST COVERAGE LAW
                                      
   Oklahoma law gives you the right to buy Uninsured Motorist coverage in
   the same amount as your bodily injury liability coverage. THE LAW
   REQUIRES US TO ADVISE YOU OF THIS VALUABLE RIGHT FOR THE PROTECTION OF
   YOU, MEMBERS OF YOUR FAMILY, AND OTHER PEOPLE WHO MAY BE HURT WHILE
   RIDING IN YOUR INSURED VEHICLE. YOU SHOULD SERIOUSLY CONSIDER BUYING
   THIS COVERAGE IN THE SAME AMOUNT AS YOUR LIABILITY INSURANCE COVERAGE
   LIMIT.
   
   Uninsured Motorist coverage, unless otherwise provided in your policy,
   pays for bodily injury damages to you, members of your family who live
   with you, and other people riding in your car who are injured by: (1)
   an uninsured motorist, (2) a hit-and-run motorist, or (3) an insured
   motorist who does not have enough liability insurance to pay for
   bodily injury damages to any insured person. Uninsured Motorist
   coverage, unless otherwise provided in your policy, protects you and
   family members who live with you while riding in any vehicle or while
   a pedestrian. THE COST OF THIS COVERAGE IS SMALL COMPARED WITH THE
   BENEFITS!
   
   You may make one of four choices about Uninsured Motorist Coverage:
   
   1. You may buy Uninsured Motorist coverage equal to your bodily injury
   liability coverage for $_____ for ____ months.
   
   2. You may buy Uninsured Motorist coverage in the amount of $10,000.00
   for each person injured, not to exceed $20,000.00 for two or more
   persons injured in one occurrence (the smallest coverage which
   Oklahoma law allows) for $______ for ____ months.
   
   3. You may buy Uninsured Motorist coverage in an amount less than your
   bodily injury liability coverage but more than the minimum levels.
   
   4. You may reject Uninsured Motorist coverage.
   
   Please indicate below what Uninsured Motorist coverage you want:
   
   ____ I want the same amount of Uninsured Motorist coverage as my
   bodily injury liability coverage.
   
   ____ I want minimum Uninsured Motorist coverage ($10,000.00 per
   person/$20,000.00 per occurrence).
   
   ____ I want Uninsured Motorist coverage in the following amount:
   $_____________ per person/$_________________ per occurrence.
   
   ____ I want to reject Uninsured Motorist coverage.
   
   _________________________ Proposed Insured
   
   THIS FORM IS NOT A PART OF YOUR POLICY AND DOES NOT PROVIDE COVERAGE.
   
   I. To account for individual insurance company operational
   differences, for a one-year phase-in period beginning September 1,
   1990, insurers may file for a deviation from the form described in
   subsection H of this section, to be used only for the insurer's
   policyholders as of September 1, 1990. The Insurance Commissioner
   shall approve the deviation only if the form includes substantially
   the same information as is included in subsection H of this section.
   In the deviated form, insurers may provide existing policyholders the
   option to maintain their current level of Uninsured Motorist coverage.
   Each existing policyholder shall receive the notice provided in
   subsection H of this section no later than the next policy renewal
   following the phase-in period.
   

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