SECTION 365:25-5-41. Special deposit  


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  • (a)   In addition to the cash or securities deposited in trust with the Insurance Commissioner's office pursuant to 36 O.S. § 613, insurers writing bail bonds in this state shall deposit in trust additional cash or securities equaling at least Three Hundred Thousand Dollars ($300,000.00), and insurers writing bail bonds in this state shall not exceed a twenty-to-one (20:1) ratio of outstanding liability-to-special deposit.
    (b)   An insurer shall comply with the following requirements to maintain the special deposit described in Subsection (a):
    (1)   The insurer's monthly report of outstanding liability shall be within ten percent (10%) of the outstanding liability reported by all the insurer's appointed surety bondsmen for that month.
    (2)   All bail bond forfeitures shall either be paid within 91 days after receipt of the Order and Judgment of Forfeiture or vacated by the court within 91 days from the date of receipt of the Order and Judgment of Forfeiture pursuant to Section 365:25-5-40.
    (c)   If the insurer fails to comply with either requirement of paragraph (b) more than three (3) times in a consecutive twelve (12) month period, the insurer's outstanding liability shall not exceed a ten-to-one (10:1) ratio of outstanding liability-to-special deposit. The Insurance Commissioner shall provide written notification of this requirement via certified mail, return receipt requested, to the insurer's address of record. The special deposit required by this paragraph shall become effective thirty (30) days from the date notification is received.
    (d)   If an insurer is authorized to write only bail bonds, any cash or securities deposited in trust with the Insurance Commissioner's office pursuant to 36 O.S. § 613 in excess of the minimum amount required by Section 613 shall apply towards the special deposit required by this section.
[Source: Added at 19 Ok Reg 1325, eff 7-14-02; Amended at 23 Ok Reg 2735, eff 7-14-06; Amended at 30 Ok Reg 1798, eff 7-14-13; Amended at 32 Ok Reg 1953, eff 9-15-15]