No policy delivered or issued for delivery in Oklahoma and covering a subject of insurance resident, located, or to be performed in Oklahoma, shall contain any condition, stipulation or agreement (1) requiring such policy to be construed according to the laws of any other state or country, except as necessary to meet the requirements of the motor vehicle financial responsibility laws or compulsory disability benefit laws of such other state or country, or (2) preventing the bringing of an action against any such insurer for more than six (6) months after the cause of action accrues, or (3) limiting the time within which an action may be brought to a period of less than two (2) years from the time the cause of action accrues in connection with all insurances other than property and marine and transportation insurances; in property and marine and
transportation policies such time shall not be limited to less than one (1) year from the date of occurrence of the event resulting in the loss. Any such condition, stipulation or agreement shall be void, but such voidance shall not affect the validity of the other provisions of the policy. Laws 1957, p. 367, § 3617.
Notes of Decisions
Wagnon v. State Farm Fire & Cas. Co., 1997 OK 160 (Okla. 1998).
· cites it 13× “1991, § 95 (first) applies, or the two-year limit pursuant to 36 O.S.1991, § 3617 applies. ¶ 7 The Tenth Circuit cites three cases from other jurisdictions on the issue of whether the one-year statute of limitations for fire insurance is also applicable to theft insurance.”
Walton v. Colonial Penn Ins. Co., 860 P.2d 222 (Okla. 1993).
· cites it 2× “The legislature also authorized a contractual one year statute of limitations for fire insurance policies in 36 O.S. § 3617. 3 Walton claims that Art.”
Great Lakes Reinsurance (UK), PLC v. Sea Cat I, LLC, 653 F. Supp. 2d 1193 (W.D. Okla. 2009).
“See Okla. Stat. tit. 36, § 3617 . 10 However, Section 3601 determines the scope of Article 36 and expressly exempts ocean marine insurance policies from the prohibitions of Article 36.”
Blue v. Universal Underwriters Life Ins., 612 F. Supp. 2d 1201 (N.D. Okla. 2009).
“In support of its abbreviated statute of limitations, Universal cites Okla. Stat. tit. 36, § 3617 which provides that an appropriate policy provision may shorten the time within which an action may be brought as a condition to the policy.”
Burwell v. Mid-Century Ins. Co., 2006 OK CIV APP 97 (Okla. Civ. App. 2006).
· cites it 2× “Defendant argued that, in accord with 36 O.S. § 3617, the marine insurance policy required commencement of an action on the policy within one year of the accident, but that Plaintiff did not timely commence the instant action until August 2001, more than one year after the date…”
Alfalfa Elec. Coop., Inc. v. Travelers Indem. Co., 376 F. Supp. 901 (W.D. Okla. 1973).
“It would, therefore, be unnecessary to conclusively hold that the policy provision is a condition precedent to liability since 36 O.S., § 3617, would appear to authorize a two-year limitation for actions on a policy like the one now before the Court.”
Clipperton v. Allstate Ins., 151 F. App'x 652 (10th Cir. 2005).
“Clipperton’s home was a property insurance loss, and as such, the one-year limitation period did not offend Okla. Stat. Ann. tit. 36, § 3617 . On appeal, Mr.”
Mahalxmi Hosp., LLC v. Steadfast Ins. Co. (N.D. Okla. 2021).
· cites it 4× “at 644 (quoting Okla. Stat. tit. 36, § 3617 ). Thus, applying section 3617, “a fire policy, being property insurance, can be limited to a one-year period in which to file an action.”
Idabel Hosp., Inc. v. Mt. Hawley Ins. Co. (E.D. Okla. 2025).
· cites it 2× “27, 2024) (citing 36 O.S. § 3617) ("Oklahoma law requires property-insurance policies to provide at least a one-year limitations period for bringing 'an action,' with the clock starting 'on the date of occurrence of the event resulting in loss.”
Idabel Hosp., Inc. v. Mt. Hawley Ins. Co. (S.D.N.Y. 2025).
· cites it 2× “27, 2024) (citing 36 O.S. § 3617) ("Oklahoma law requires property-insurance policies to provide at least a one-year limitations period for bringing 'an action,' with the clock starting 'on the date of occurrence of the event resulting in loss.”
Emcasco Ins. Co. v. Steve's Wholesale Distributors Inc (W.D. Okla. 2022).
“Watonga acknowledges that its counterclaim was filed after the expiration of the policy’s limitations period, but argues that the EMC should be equitably estopped from relying on this provision because it repeatedly assured Watonga that it was covering the claim.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.