Oklahoma: The Demise of an Insurance Commissioner

The dominating insurance story in Oklahoma in 2004 was undoubtedly the crash and fall of former Insurance Commissioner Carroll Fisher. Faced with multiple indictments on felony charges, numerous ethics reprimands, an ongoing criminal investigation and a looming impeachment trial in the state Senate, Fisher finally threw in the towel and resigned from office on Sept. 24.

While Gov. Brad Henry is expected to name a new commissioner soon, at press time the office was still vacant. Tulsa insurance agent Kim Holland and state Election Board Secretary Mike Clingman are reportedly among the candidates being considered for the position.

It could be argued that Fisher’s slide began in August 2003 when he was arrested for driving under the influence of alcohol, a charge to which he subsequently pleaded no contest.

Fisher currently faces eight felony charges ranging from embezzlement to operating a charity illegally. According to state Attorney General Drew Edmondson the multicounty grand jury that named Fisher in the numerous indictments is continuing to look into his activities while at the insurance department.

The former commissioner steadfastly maintained his innocence even as Gov. Henry and state legislators urged him to step down. But the writing was on the wall, as far as his job was concerned. After a summer-long investigation, in which it heard the testimony of 38 individuals, an Oklahoma House of Representatives impeachment task force on Aug. 30 recommended that the full House vote on Articles of Impeachment against Fisher. Charges included: mishandling money raised in connection with an insurance continuing education program; improperly soliciting donations from entities regulated by Fisher for a charity he established; using his position as insurance commissioner during a political campaign to obtain personnel records of a political opponent from a company regulated by the insurance department; soliciting and accepting a gift of artwork and furniture from entities regulated by the department; and depositing a $1,000 campaign contribution check into his personal bank account and subsequently drawing on the balance of the account. The full House voted unanimously on Sept. 9 for impeachment.

At the close of its investigation the House committee recommended that the office of the insurance commissioner be changed from an elected office to an appointed one. At least one legislator, Rep. John Trebilcock, R-Broken Arrow, plans to file legislation in the coming session that would let voters decide whether to amend the state Constitution to allow the position to be appointed.

The House committee also suggested, among other things, that state officers be prohibited from soliciting gifts from people or businesses they regulate and that all gifts to the state or a state agency must be approved by the governor before they are accepted.

Since Fisher’s departure, the department has been run by Deputy Commissioner Daryl England. England has taken pains to reassure Oklahoma consumers and the insurance community that despite the challenges and difficulties Fisher’s legal troubles and resignation imposed on the department, it is “in a very stable position and ready to move forward.”

Topics Oklahoma