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OK HB3804

OK HB3804
Insurance; property insurance; abandoned oil and gas wells; coverage; subrogation; effective date.


summary

Introduced
02/02/2026
In Committee
02/03/2026
Crossed Over
Passed
Dead

Introduced Session

2026 Regular Session

Bill Summary

An Act relating to insurance; providing definitions; requiring property insurance policies to include coverage for structural loss resulting from an abandoned oil or gas well; prohibiting exclusion, limitation, or denial of coverage on certain basis; clarifying that an exclusion, limitation, or endorsement inconsistent with section is void; providing minimum coverage; granting right of subrogation to insurer from certain sources; clarifying insured is not limited from pursuing damages independently; providing for codification; and providing an effective date.

AI Summary

This bill mandates that property insurance policies in Oklahoma must include coverage for structural damage to residential homes caused by abandoned oil and gas wells, defining an "abandoned well" as one classified as such by the Oklahoma Corporation Commission and "structural loss" as physical damage like foundation movement or methane intrusion. Insurers are prohibited from denying, excluding, or limiting this coverage based on reasons such as earth movement, gas migration, or the well being pre-existing, and any policy provisions to the contrary will be considered void. The required coverage must include costs for structural repair, soil remediation, plugging the well, temporary relocation, loss of use, and necessary testing. Furthermore, if an insurer pays a claim related to an abandoned well, they gain the right of subrogation, meaning they can pursue recovery from responsible parties like prior operators or the Oklahoma Orphan Well Fund, though this does not prevent the homeowner from seeking damages independently. This new law will take effect on November 1, 2026.

Sponsors (1)

Last Action

Second Reading referred to Rules (on 02/03/2026)

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