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§ 2411.1.Short Title - Act Concerning Interpretation of Oklahoma Insurance Laws

Chapter 40: Oklahoma Evidence Code · Not amended since adoption on record · Last verified August 3, 2026

In one sentenceNames the Act Concerning Interpretation of Oklahoma Insurance Laws and strips a treatise's or textbook's statement of insurance law of authority whenever it purports to create or restrict a cause of action or conflicts with the constitution, a state statute, or Oklahoma case law.

Full Text of § 2411.1

Text sizeJump to: (A) (B)

A. This act shall be known and may be cited as the "Act Concerning Interpretation of Oklahoma Insurance Laws".
B. A statement or restatement of the law of insurance in any legal treatise, scholarly publication, textbook or other explanatory text shall not constitute the law or public policy of this state and shall not be authoritative if the statement of the law purports to create, eliminate, expand or restrict a cause of action, right or remedy, or if it conflicts with:
1. The Constitution of the United States or the Constitution of the State of Oklahoma;
2. A statute of this state;
3. Case law precedent of this state;
4. Other common law adopted by this state; or
5. Creates or eliminates any cause of action or legal remedy.

Amendment History

Added by Laws 2021, c. 49, s. 1, eff. 4/19/2021.

Plain-English Summary

Unlike the surrounding sections, which govern what evidence a jury may hear, Section 2411.1 addresses something different: how much weight a legal treatise, scholarly publication, textbook, or other explanatory text carries when it purports to state Oklahoma insurance law. Subsection B says such a statement doesn't constitute the law or public policy of Oklahoma, and isn't authoritative, if it purports to create, eliminate, expand, or restrict a cause of action, right, or remedy, or if it conflicts with the federal or state constitution, an Oklahoma statute, Oklahoma case law, other common law this state has adopted, or an existing cause of action or remedy.

In practice, the section tells courts not to treat outside commentary on insurance law as a substitute for the constitution, statutes, and case law that govern.

Frequently Asked Questions

What is the Act Concerning Interpretation of Oklahoma Insurance Laws?

It's the short title Section 2411.1 gives to a 2021 law limiting how much weight courts give to treatises and other texts describing Oklahoma insurance law.

Can a court treat a legal treatise's description of insurance law as controlling?

Not if the treatise purports to create, eliminate, expand, or restrict a cause of action, right, or remedy, or if it conflicts with the constitution, a state statute, case law, other adopted common law, or an existing cause of action or remedy -- subsection B strips that kind of statement of authority.

Why is this section placed next to the liability insurance evidence rule?

Both sections deal with insurance-related subject matter, though this one addresses the authority of legal commentary on insurance law rather than the admissibility of evidence about insurance coverage.

Source & verification. Section text is reproduced verbatim from Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature. Last verified August 3, 2026. · Official source
Also known as: oklahoma insurance law interpretation act12 O.S. § 2411.1insurance treatise not law oklahomarestatement of insurance law oklahoma