In late January, I wrote a blog post highlighting the absence of any published market conduct exams on the Oklahoma Insurance Department website after 2009, despite the OID’s claim that “[a]s part of the regulation process, we perform and publish Market Conduct Examinations.” In an attempt to figure out what was going on, I submitted an open records request seeking all OID market conduct exams conducted after 2009 and promised I would keep everyone posted.
Four months later, we have some answers – sort of.
I submitted my request on January 25, and received a response a few days later, stating that, due to the volume of my request (all market conduct exams since 2009), it would take the OID longer than their typical 10-day turn-around to provide responsive documentation. Fair enough. I then heard nothing for over a month. In mid-March, I reached out again to check on the status of my request. It was at this point I was informed that market exams in Oklahoma are confidential by statute under 36 OS § 309.4(F).
While I’m sure insurers love the confidentiality imposed on market conduct exams by Oklahoma law, I think it does insurance consumers a great disservice. The entire purpose of market conduct exams is to ensure insurers are complying with state law by mandating transparency and accountability. An unfavorable market conduct exam serves as nothing more than a slap on the wrist if consumers and their advocates do not have access to them. How are consumers supposed to fully assess their options in the insurance market if they have no way of knowing which insurers are repeat offenders?
The case of the missing market conduct exams doesn’t end there, though. My OID contact informed me that some market conduct exams are available anyways, as they become public records when attached to a final market conduct Order.1 Since 2009, the OID has conducted 89 exams fitting this description. I asked for a list of those exams, which I received at the beginning of this month. However, before I share that list with you, I’d like to note that if the only way to obtain information regarding these exams is a four-month-long battle with the OID culminating in a $753.20 invoice to obtain their contents, these exams are pointless to the average Oklahoma consumer. The fact that they are considered confidential unless attached to an order is bad enough. At the very least, the OID should be publishing the exams that aren’t confidential on their website, as they did up until 2009, and like their website claims they still do. Market conduct exams are supposed to bring an insurer’s bad conduct to light – but after four months, many e-mails, and a sizable invoice later, I can tell you that, at least in Oklahoma, insurers are successfully keeping their market conduct exams and their consumers in the dark.
And without further ado – here’s a list of all non-confidential market conduct exams conducted by the Oklahoma Insurance Department since 2009:
| Case Number | Case Style |
| 09‐0492‐EXM | In Re: Market Conduct Examination of Farmers Insurance Exchange |
| 09‐0493‐EXM | In Re: Market Conduct Examination of Farmers Insurance Co., Inc. |
| 09‐1136‐EXM | In Re: Market Conduct Examination of United Automotive Insurance Co. |
| 09‐1147‐EXM | In Re: Market Conduct Examination of Time Insurance Co. |
| 09‐1148‐EXM | In Re: Market Conduct Examination of John Alden Life Insurance Co. |
| 09‐1287‐EXM | In Re: Market Conduct Examination of Traders Insurance Co. |
| 09‐1288‐EXM | In Re: Market Conduct Examination of Connecticut General Life Insurance Co. |
| 09‐1538‐EXM | In Re: Market Conduct Examination of American Fidelity Life Insurance Co. |
| 09‐1691‐EXM | In Re: Market Conduct Examination of Union Mutual Insurance Co. |
| 10‐0515‐EXM | In Re: Market Conduct Examination of Reliable Life Insurance Co. |
| 10‐0766‐EXM | In Re: Market Conduct Examination of GHS Property and Casualty Insurance Co. |
| 10‐1404‐EXM | In Re: Market Conduct Examination of Bristol West Insurance Co. |
| 11‐0304‐EXM | In Re: Market Conduct Examination of Aetna Life Insurance Co. |
| 11‐0328‐EXM | In Re: Market Conduct Examination of Allstate Indemnity Co. |
| 11‐0416‐EXM | In Re: Market Conduct Examination of Universal Casualty Co. |
| 12‐0178‐EXM | In Re: Market Conduct Examination of American Mercury Insurance Co. |
| 12‐0237‐EXM | In Re: Market Conduct Examination of Today’s Options of Oklahoma City |
| 12‐0313‐EXM | In Re: Market Conduct Examination of Time Insurance Co. |
| 12‐0771‐EXM | In Re: Market Conduct Examination of First American Title Insurance Co. |
| 12‐0859‐EXM | In Re: Market Conduct Examination of Stewart Title Guaranty Co. |
| 12‐0899‐EXM | In Re: Market Conduct Examination of Fidelity National Title Insurance Co. |
| 12‐0938‐EXM | In Re: Market Conduct Examination of Chicago Title Insurance Co. |
| 13‐0200‐EXM | In Re: Target Market Conduct Examination of Allianz Life Insurance Co. of North America |
| 13‐0201‐EXM | In Re: Target Market Conduct Examination of American Equity Investment Life Insurance Co. |
| 13‐0202‐EXM | In Re: Target Market Conduct Examination of American National Insurance Co. |
| 13‐0203‐EXM | In Re: Target Market Conduct Examination of Americo Financial Life and Annuity Insurance Co. |
| 13‐0204‐EXM | In Re: Target Market Conduct Examination of Athene Annuity and Life Assurance Co. f/k/a Liberty Life Insurance Co. |
| 13‐0205‐EXM | In Re: Target Market Conduct Examination of Aviva Life and Annuity Co. |
| 13‐0206‐EXM | In Re: Target Market Conduct Examination of C.M. Life Insurance Co. |
| 13‐0207‐EXM | In Re: Target Market Conduct Examination of Fidelity and Guaranty Life Insurance Co. |
| 13‐0208‐EXM | In Re: Target Market Conduct Examination of Great American Life Insurance Co. |
| 13‐0209‐EXM | In Re: Target Market Conduct Examination of Illinois Mutual Life Insurance Co. |
| 13‐0210‐EXM | In Re: Target Market Conduct Examination of ING USA Annuity and Life Insurance Co. |
| 13‐0211‐EXM | In Re: Target Market Conduct Examination of Jefferson National Life Insurance Co. |
| 13‐0212‐EXM | In Re: Target Market Conduct Examination of John Hancock Life Insurance Co. (USA) |
| 13‐0213‐EXM | In Re: Target Market Conduct Examination of Life Insurance Co. of the Southwest |
| 13‐0215‐EXM | In Re: Target Market Conduct Examination of Loyal American Life Insurance Co. |
| 13‐0216‐EXM | In Re: Target Market Conduct Examination of Massachusetts Mutual Life Insurance Co. |
| 13‐0217‐EXM | In Re: Target Market Conduct Examination of Metropolitan Life Insurance Co. |
| 13‐0218‐EXM | In Re: Target Market Conduct Examination of National Life Insurance Co. |
| 13‐0219‐EXM | In Re: Target Market Conduct Examination of National Western Life Insurance Co. |
| 13‐0220‐EXM | In Re: Target Market Conduct Examination of Oxford Life Insurance Co. |
| 13‐0221‐EXM | In Re: Target Market Conduct Examination of Pan‐American Assurance Co. |
| 13‐0222‐EXM | In Re: Target Market Conduct Examination of Penn Insurance and Annuity Co. |
| 13‐0223‐EXM | In Re: Target Market Conduct Examination of Penn Mutual Life Insurance Co. |
| 13‐0224‐EXM | In Re: Target Market Conduct Examination of Protective Life Insurance Co. |
| 13‐0225‐EXM | In Re: Target Market Conduct Examination of Pruco Life Insurance Co. |
| 13‐0226‐EXM | In Re: Target Market Conduct Examination of Prudential Insurance Co. of America |
| 13‐0227‐EXM | In Re: Target Market Conduct Examination of Symetra Life Insurance Co. |
| 13‐0228‐EXM | In Re: Target Market Conduct Examination of The State Life Insurance Co. |
| 13‐0229‐EXM | In Re: Target Market Conduct Examination of Transamerica Life Insurance Co. |
| 13‐0230‐EXM | In Re: Target Market Conduct Examination of U.S. Financial Life Insurance Co. |
| 13‐0231‐EXM | In Re: Target Market Conduct Examination of United of Omaha Life Insurance Co. |
| 13‐0960‐EXM | In Re: Market Conduct Examination of Agar Insurance Agency, Inc. |
| 13‐1020‐EXM | In Re: Market Conduct Examination of Health Care Service Corporation |
| 14‐0412‐EXM | In Re: Target Market Conduct Examination of Farmers Insurance Co., Inc. |
| 15‐0432‐EXM | In Re: Market Conduct Examination of Health Care Service Corporation, A Mutual Legal Reserve Co. |
| 16‐0268‐EXM | In Re: Market Conduct Examination of UnitedHealthcare Insurance Co. |
| 16‐0372‐EXM | In Re: Market Conduct Examination of American Fidelity Assurance Co. |
| 16‐0651‐EXM | In Re: Target Market Conduct Examination of Blue Cross Blue Shield of Oklahoma, a division of Health Care Service Corporation |
| 16‐0730‐EXM | In Re: Conduct Examination of Principal Life Insurance Co. |
| 16‐0907‐EXM | In Re: Market Conduct Examination of Shelter Mutual Insurance Co. |
| 17‐0811‐EXM | In Re: Market Conduct Examination of State Farm Fire & Casualty Co. & State Farm Mutual Automobile Insurance Co. |
| 17‐0829‐EXM | In Re: Market Conduct Examination of Guarantee Insurance Co. |
| 17‐0830‐EXM | In Re: Market Conduct Examination of Indemnity Insurance Co. of North America |
| 17‐0832‐EXM | In Re: Market Conduct Examination of American Zurich Insurance Co. |
| 17‐0833‐EXM | In Re: Market Conduct Examination of The Travelers Group |
| 17‐0841‐EXM | In Re: Market Conduct Examination of CSAA Insurance Group |
| 18‐0007‐EXM | In Re: Limited Scope Market Conduct Examination of Global Auto Solutions, Inc. |
| 18‐0009‐EXM | In Re: Limited Scope Market Conduct Examination of National Auto Care Corporation |
| 18‐0059‐EXM | In Re: Market Conduct Examination of Assurant Service Protection, Inc. |
| 18‐0060‐EXM | In Re: Market Conduct Examination of Universal Warranty Corporation |
| 18‐0079‐EXM | In Re: Market Conduct Examination of Farmers Insurance Co., Inc. |
| 18‐0120‐EXM | In Re: Target Market Conduct Examination of National Union Fire Insurance Co. of Pittsburgh, PA. |
| 18‐0121‐EXM | In Re: Target Market Conduct Examination of New Hampshire Insurance Co. |
| 18‐0246‐EXM | In Re: Limited Scope Market Conduct Examination of Fidelity Warranty Services, Inc. |
| 18‐0280‐EXM | In Re: Targeted Market Conduct Examination of Sunz Insurance Co. |
| 18‐0544‐EXM | In Re: Market Conduct Examination of Casualty Corporation of America, Inc. |
| 18‐0715‐EXM | In Re: Market Conduct Examination of Oklahoma Farm Bureau Mutual Insurance Co. |
| 18‐0803‐EXM | In Re: Market Conduct Examination of GEICO Casualty Co., GEICO General Insurance Co., and GEICO Indemnity Co. |
| 18‐0848‐EXM | In Re: Market Conduct Examination of American Farmers & Ranchers Mutual Insurance Co. |
| 18‐0867‐EXM | In Re: Market Conduct Examination of USAA Group (United Services Automobile Association, USAA Casualty Insurance Co., USAA General Indemnity Co. & Garrison Property and Casualty Insurance Co.) |
| 18‐0909‐EXM | In Re: Market Conduct Examination of Progressive Insurance Group |
| 19‐0700‐EXM | In Re: Market Conduct Examination of Aetna Life Insurance Co. & Aetna Health, Inc. |
| 20‐0197‐EXM | In Re: Target Market Conduct Examination of Blue Cross Blue Shield of Oklahoma, a Division of Health Care Service Co., A Mutual Legal Reserve Co. |
| 20‐0266‐EXM | In Re: Limited Scope Market Conduct Examination of Home Warranty Administrator of Oklahoma, d/b/a Choice Home Warranty |
Note: If you want to request any of the above exams, you must fill out an open records request form with the exam case number and style and e-mail it to oidopenrecords@oid.ok.gov. Typical response time should be about ten days. The OID charges $0.40 per page for copies per 36 O.S. § 321. Good luck!
1 See 36 OS § 306.
