BULLETIN NO. 2026-06

Disclaimer: Bulletin No. 2026-06 informs all foreign and alien insurers subject to the jurisdiction of the Insurance Commissioner (the “Commissioner”) of specific legislative changes enacted by Senate Bill 1876.  The Oklahoma Insurance Department’s (the “Department’s”) intent is to help foreign and alien insurers be aware of changes for resident agents for service of process, which may require implementation changes by filing new or updated registrations with the Department. The following overview does not include every legislative change made by Senate Bill 1876, and all persons affected by these changes should refer to its legislative history, 2026 Okla. Sess. Laws Ch. 357, SB 1876 at 1-4, §§ 1-3, which is available on the Oklahoma Supreme Court Network.

Legislative Changes effective November 1, 2026

Senate Bill 1876 changes certain provisions of the Oklahoma Insurance Code, Okla. Stat. tit. 36, § 621, effective November 1, 2026.  2026 Okla. Sess. Laws, Ch. 357, SB 1876 at 4, § 3.

36 O.S. § 621(A) Amended

Senate Bill 1876 amends subsection (A) of § 621 by providing:

Each authorized foreign or alien insurer shall appoint the Insurance Commissioner, a resident of this state, or a person who is authorized to do business in this state as its agent to receive service of legal process, other than a subpoena, issued against it in this state upon any cause of action arising from its transaction of business in this state.

2026 Okla. Sess. Laws, Ch. 357, SB 1876 at 1, § 1 (amending 36 O.S. § 621(A)) (emphasis added). This amendment allows foreign or alien insurers to appoint state residents or persons authorized to do business in Oklahoma as their agent for receiving service of process in lieu of appointing the Commissioner. See id.

36 O.S. § 621(D) Newly Enacted Subsection

Senate Bill 1876 also enumerates a new subsection (D) that provides:

Any insurer appointing a registered agent other than the Insurance Commissioner shall electronically submit the name and address of the registered agent in the manner and form prescribed by the Commissioner along with any applicable fee. Registered agent names and addresses shall be made publicly available and kept current, and any changes to such information shall be submitted to the Commissioner within five (5) business days of such change.

2026 Okla. Sess. Laws, Ch. 357, SB 1876 at 2, § 1 (enacting 36 O.S. § 621(D)) (emphasis added).

Foreign and alien insurers must use the National Association of Insurance Commissioner’s (“NAIC’s”) Uniform Certificate of Authority Application (“UCAA”) Form 12 Uniform Consent to Service of Process to appoint a resident agent other than the Commissioner for service of process in Oklahoma or to update a previously appointed service contact. Insurers shall clearly indicate on the Form 12 whether the name and contact information listed is the registered agent for service of process or is the insurer’s service contact.  The UCAA Form 12 shall be filed electronically through the NAIC’s UCAA portal by submitting a Corporate Amendment Application or, if applicable, by submitting a Primary Application.  The Department is working with the NAIC to update the UCAA Form 12 so that the checkbox for Oklahoma will reflect the option for the Insurance Commissioner or a resident agent. In the meantime, insurers designating a resident agent for service of process should check the box for Oklahoma and fill out Exhibit B with the resident agent’s information. Any applicable fees will be collected electronically through the NAIC’s UCAA portal.

Additionally, foreign or alien insurers appointing a resident agent for service of process in Oklahoma shall take any steps necessary to ensure their NAIC State Based Systems (“SBS”) profiles, in both the Department and the public-facing views, includes the resident agent’s name, address, and any additional contact information in the “Contact” field. The Department and NAIC are implementing changes to SBS to permit an insurer’s service of process contact information to be visible on their public-facing SBS profile.

36 O.S. § 621(E) Newly Enacted Subsection

Further, Senate Bill 1876 amends § 621 by adding a new subsection (E), which provides:

E. If a person reasonably relies on the list of registered agents maintained by the Insurance Commissioner pursuant to this section and serves otherwise valid process on an insurance company’s designated registered agent, and it is later determined that the registered agent listed by the Commissioner is incorrect, the person may serve process upon the Commissioner. Such process shall be served upon the Commissioner and a copy forwarded by the Commissioner to the insurer in accordance with Section 622 of this title. If the person uses due diligence to serve the Commissioner, the applicable statute of limitations shall be tolled for the period of time beginning when the incorrect registered agent received process and ending when the Commissioner receives process.

2026 Okla. Sess. Laws, Ch. 357, SB 1876 at 2, § 1 (enacting 36 O.S. § 621(E)).

Foreign and alien insurers appointing a resident agent shall maintain current and up-to-date names and addresses of their resident agent in their NAIC SBS profile so that the public will be able to use NAIC’s SBS Public Look-up Portal to search for and find foreign or alien insurers’ resident agent contact information under the “Contact” field. Any incorrect resident agent contact information may be reported to the Department at oidlegal@oid.ok.gov.

Questions concerning this Bulletin should be directed to the Oklahoma Insurance Department’s Legal Division at 405-521-2746 or via email to oidlegal@oid.ok.gov.