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Ohio Statutes, Title 39

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Ohio/Statutes

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Title 39, Title 39. Insurance

43 chapters · 1,367 sections in this title.

All chapters in Title 391,367 Ch 3901, Chapter 3901 | Superintendent Of Ins…150 Ch 3905, Chapter 3905 | Insurance Producers L…123 Ch 3923, Chapter 3923 | Sickness And Accident…109 Ch 3903, Chapter 3903 | Reserve Valuation; Re…92 Ch 3929, Chapter 3929 | Domestic And Foreign …77 Ch 3941, Chapter 3941 | Operation Of Mutual I…51 Ch 3937, Chapter 3937 | Casualty Insurance; M…50 Ch 3921, Chapter 3921 | Fraternal Benefit Soc…43 Ch 3919, Chapter 3919 | Mutual Protective Ins…40 Ch 3925, Chapter 3925 | Domestic Insurance Co…36 Ch 3953, Chapter 3953 | Title Insurance36 Ch 3924, Chapter 3924 | Small Employer Health…33 Ch 3964, Chapter 3964 | Captive Insurance Com…33 Ch 3902, Chapter 3902 | Insurance Policies An…32

150 sections·Filtered byTitle 39✕Ch 3901✕

Ohio Rev. Code Ann. § 3901.01 Department of insurance
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There is hereby created a department of insurance which shall have all powers and perform all duties formerly vested in and imposed upon the department of commerce and the superintendent of insurance.In enacting sections 121.02, 121.03, 121.04, 121.05, 121.08, 121.081, 121.082, 3…
Ohio Rev. Code Ann. § 3901.011 Superintendent of insurance - powers and duties
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The superintendent of insurance shall be the chief executive officer and director of the department of insurance and shall have all the powers and perform all the duties vested in and imposed upon the department of insurance. The superintendent of insurance shall see that the law…
Ohio Rev. Code Ann. § 3901.02 Appointment or hiring of employees
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The superintendent of insurance may appoint such employees as the prompt dispatch of business requires, including skilled and competent persons to examine and report on the business and affairs of insurance companies.The superintendent may hire an administrator of financial regul…
Ohio Rev. Code Ann. § 3901.021 Department of insurance operating fund
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(A) Three-fourths of all appointment and other fees collected under division (B) of section 3905.20 of the Revised Code shall be paid into the state treasury to the credit of the department of insurance operating fund, which is hereby created. The remaining one-fourth shall be cr…

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Ohio Rev. Code Ann. § 3901.03 Warden - duties - office of warden

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The superintendent of insurance shall appoint a warden who shall investigate all reported violations of law relating to insurance, and perform such other duties in the administration of laws relating to insurance as the superintendent may direct.The office of the warden is hereby…

Ohio Rev. Code Ann. § 3901.04 Superintendent - specific powers

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(A) As used in this section: (1) "Laws of this state relating to insurance" include but are not limited to Chapter 1751. notwithstanding section 1751.08, Chapter 1753., Title XXXIX, sections 5725.18 to 5725.25, and Chapter 5729. of the Revised Code. Sections 4717.31, 4717.33, 471…

Ohio Rev. Code Ann. § 3901.041 Rule-making and adjudicating powers of superintendent

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The superintendent of insurance shall adopt, amend, and rescind rules and make adjudications, necessary to discharge the superintendent's duties and exercise the superintendent's powers, including, but not limited to, the superintendent's duties and powers under Chapters 1751. an…

Ohio Rev. Code Ann. § 3901.042 Service and transaction fees

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The superintendent of insurance may adopt rules in accordance with Chapter 119. of the Revised Code for the purpose of implementing amended substitute House Bill 478 of the 119th General Assembly, including rules that establish fees for any service or transaction that is required…

Ohio Rev. Code Ann. § 3901.043 Fees for services or transactions performed by department of insurance

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The superintendent of insurance may adopt rules in accordance with Chapter 119. of the Revised Code to establish reasonable fees for any service or transaction performed by the department of insurance pursuant to section 1751.03, 3901.321, 3901.341, 3907.12, 3911.011, 3913.40, 39…

Ohio Rev. Code Ann. § 3901.044 Rules for implementing health insurance portability and accountability act

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The superintendent of insurance may adopt rules in accordance with Chapter 119. of the Revised Code that the superintendent considers necessary and advisable for the purpose of implementing the "Health Insurance Portability and Accountability Act of 1996," Pub. L. No. 104-191, 11…

Ohio Rev. Code Ann. § 3901.045 Receiving confidential or privileged documents and information

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(A) The superintendent of insurance may receive documents and information, including otherwise confidential or privileged documents and information, from local, state, federal, and international regulatory and law enforcement agencies, from local, state, and federal prosecutors, …

Ohio Rev. Code Ann. § 3901.046 Electronic signatures

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(A) As used in this section: (1) "Electronic signature" has the same meaning as in section 1306.01 of the Revised Code. (2) "Insurer" has the same meaning as in section 3901.32 of the Revised Code. (B) An insurer may use an electronic signature to comply with any signature requir…

Ohio Rev. Code Ann. § 3901.047 Assisting patients with end-stage renal disease apply for medicare benefits

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(A) Regarding individuals with end-stage renal disease in this state, the superintendent of insurance shall do all of the following: (1) Evaluate medicare application requirements and review state policies and procedures related to patients who are sixty-five years of age or youn…

Ohio Rev. Code Ann. § 3901.05 Deputy superintendent - duties

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In the event of a vacancy in the office of the superintendent of insurance, or in the absence or disability of that officer, or when so directed by the superintendent, the deputy superintendent of insurance shall perform all the duties of the superintendent. In the absence of the…

Ohio Rev. Code Ann. § 3901.051 Assistant superintendent - duties

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The assistant superintendents shall perform such duties of the superintendent and such other duties as the superintendent shall direct.

Ohio Rev. Code Ann. § 3901.052 Application for innovative waiver

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The superintendent of insurance shall apply to the United States secretary of health and human services and the United States secretary of the treasury for an innovative waiver regarding health insurance coverage in this state as authorized by section 1332 of the "Patient Protect…

Ohio Rev. Code Ann. § 3901.06 Instruments under seal of the superintendent

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A certificate, assignment, or conveyance executed in pursuance of law by the superintendent of insurance with the seal of his office affixed thereto shall be received as evidence and may be recorded in the same manner and with like effect as a deed duly acknowledged by an officer…

Ohio Rev. Code Ann. § 3901.07 Examination of financial affairs of insurer

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(A) As used in this section, "insurer" means any person doing or authorized to do any insurance business in this state. (B)(1) Before issuing any license to do the business of insurance in this state, the superintendent of insurance, or a person appointed by the superintendent, m…

Ohio Rev. Code Ann. § 3901.071 Superintendent's examination fund

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All moneys collected by the superintendent of insurance for expenses incurred by the superintendent in conducting examinations pursuant to the Revised Code of the financial affairs of any insurance company doing business in this state, for which the insurance company examined is …

Ohio Rev. Code Ann. § 3901.072 Corporate governance annual disclosure act

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(A)(1) Sections 3901.072 to 3901.078 of the Revised Code shall be known as the corporate governance annual disclosure act. (2) Sections 3901.072 to 3901.078 of the Revised Code shall apply to all insurers domiciled in this state. (3) Nothing in sections 3901.072 to 3901.078 of th…

Ohio Rev. Code Ann. § 3901.073 Corporate governance annual disclosure

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(A)(1)(a) Not later than June 1, 2017, an insurer domiciled in this state, or the insurance group of which the insurer is a member, that, as of December 31, 2015, has an annual, direct written and unaffiliated assumed premium totaling more than five billion dollars, shall submit …

Ohio Rev. Code Ann. § 3901.074 Format of disclosure

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(A)(1) An insurer or insurance group shall have discretion regarding the format of its corporate governance annual disclosure. (2) The CGAD shall be prepared consistent with the rules adopted by the superintendent pursuant to section 3901.077 of the Revised Code regarding the req…

Ohio Rev. Code Ann. § 3901.075 Documents deemed proprietary

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(A) Documents, materials, or other information, including the corporate governance annual disclosure, in the possession or control of the department of insurance that are obtained by, created by, or disclosed to the superintendent or any other person under sections 3901.072 to 39…

Ohio Rev. Code Ann. § 3901.076 Retention of third-party consultant

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(A) The superintendent may retain a third- party consultant, including attorneys, actuaries, accountants, and other experts not otherwise part of the superintendent's staff, as is reasonably necessary to assist the superintendent in reviewing a corporate governance annual disclos…

Ohio Rev. Code Ann. § 3901.077 Rules

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The superintendent shall adopt rules in accordance with Chapter 119. of the Revised Code as are reasonably necessary to implement sections 3901.072 to 3901.078 of the Revised Code.

Ohio Rev. Code Ann. § 3901.078 Penalty

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(A) If the superintendent finds, after notice and an opportunity for a hearing conducted in accordance with Chapter 119. of the Revised Code, that an insurer has failed to file a corporate governance annual disclosure as required by division (A) of section 3901.073 of the Revised…

Ohio Rev. Code Ann. § 3901.08 Information from banks

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The superintendent of insurance may make written requisitions upon the officers or directors of any national bank, state bank, or state bank and trust company of this state, and upon any clearing corporation, direct participant, or member bank, as defined in section 3901.51 of th…

Ohio Rev. Code Ann. § 3901.09 Duty of bank officers

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Any officer or director of any national bank, state bank, or state bank and trust company of this state, and any clearing corporation, direct participant, or member bank, as defined in section 3901.51 of the Revised Code, domiciled or doing business in this state, upon the receip…

Ohio Rev. Code Ann. § 3901.10 Deficiency of company assets

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If it appears to the superintendent of insurance upon satisfactory evidence that the assets of an insurance company, organized under the laws of this state, after deducting therefrom all liabilities including reinsurance, reserve, or unearned premium fund, computed according to t…

Ohio Rev. Code Ann. § 3901.11 Acquisition of stock of other insurers

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Any domestic insurer and any foreign or alien insurer authorized to do business in this state may retain, invest in, or acquire the whole or any part of the capital stock of any other insurer, or have a common management with any other insurer, provided such retention, investment…

Ohio Rev. Code Ann. § 3901.12 Interlocking directorate

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Any person otherwise qualified may be a director of two or more insurers which are competitors or which have a common management, but no such interlocking directorate shall be used as a means of substantially lessening competition generally in the business of insurance or of crea…

Ohio Rev. Code Ann. § 3901.13 Hearing by superintendent

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Whenever the superintendent of insurance has reason to believe that there is a violation of section 3901.11 or 3901.12 of the Revised Code, he shall serve upon the insurers and directors a notice of a hearing before the superintendent to be held not less than thirty days after th…

Ohio Rev. Code Ann. § 3901.14 Record and report of superintendent

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The superintendent of insurance shall preserve a full record of his proceedings, including a concise statement of the condition of each insurance company or association authorized to transact business in this state. Each year the superintendent shall report their general conduct …

Ohio Rev. Code Ann. § 3901.15 Application of law

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The laws relating to the superintendent of insurance apply to all persons, companies, and associations, whether incorporated or not, engaged in the business of insurance.

Ohio Rev. Code Ann. § 3901.16 Forfeiture

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Any association, company, or corporation, including a health insuring corporation, which violates any law relating to the superintendent of insurance, any provision of Chapter 1751. or 1753. of the Revised Code, or any insurance law of this state, for the violation of which no fo…

Ohio Rev. Code Ann. § 3901.17 Personal jurisdiction over foreign or alien insurer

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(A) As used in this section: (1) "Captive insurer" has the same meaning as in section 3905.36 of the Revised Code.(2) "Insurer" includes, but is not limited to, any person that is an affiliate of or affiliated with the insurer, as defined in section 3901.32 of the Revised Code, a…

Ohio Rev. Code Ann. § 3901.18 Requirements for unauthorized foreign or alien insurer to enter an appearance

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(A) Before any unauthorized foreign or alien insurer may enter an appearance in any court action, suit, or proceeding or in any administrative proceeding before the superintendent of insurance, such unauthorized insurer shall either:(1) Deposit with the clerk of the court in whic…

Ohio Rev. Code Ann. § 3901.19 Unfair and deceptive practices definitions

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As used in sections 3901.19 to 3901.26 of the Revised Code:(A) "Person" means any individual, corporation, association, partnership, reciprocal exchange, inter-insurer, fraternal benefit society, title guarantee and trust company, health insuring corporation, and any other legal …

Ohio Rev. Code Ann. § 3901.20 Prohibition against unfair or deceptive acts

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No person shall engage in this state in any trade practice which is defined in sections 3901.19 to 3901.23 of the Revised Code as, or determined pursuant to those sections to be, an unfair or deceptive act or practice in the business of insurance.This section applies to any perso…

Ohio Rev. Code Ann. § 3901.21 Unfair and deceptive acts or practices in business of insurance defined

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The following are hereby defined as unfair and deceptive acts or practices in the business of insurance: (A) Making, issuing, circulating, or causing or permitting to be made, issued, or circulated, or preparing with intent to so use, any estimate, illustration, circular, or stat…

Ohio Rev. Code Ann. § 3901.211 Lending of money, extension of credit - prohibited acts

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(A)(1) No person may require as a condition precedent to the lending of money or the extension of credit, or any renewal thereof, that the person to whom such money or credit is extended or whose obligation a creditor is to acquire or finance, negotiate any policy or renewal ther…

Ohio Rev. Code Ann. § 3901.212 Consumer protection rules

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(A) As used in sections 3901.212 to 3901.213 of the Revised Code, "consumer" means a policyholder, potential policyholder, certificate holder, potential certificate holder, insured, potential insured, or applicant. (B) The superintendent may adopt rules pursuant to Chapter 119. o…

Ohio Rev. Code Ann. § 3901.213 Unfair and deceptive practices - exceptions

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Nothing in division (F) or (G) of section 3901.21 or in section 3933.01 of the Revised Code shall be construed as prohibiting any of the following practices: (A) In the case of any contract of life insurance or life annuity, paying bonuses to policyholders or otherwise abating th…

Ohio Rev. Code Ann. § 3901.214 Applicability of prohibition on inducements

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The provisions of sections 3901.213 and 3933.01 of the Revised Code that prohibit a producer or insurer from giving rebates, discounts, gifts, or other valuable consideration as an inducement to insurance do not apply to commercial property and casualty insurance, but do apply to…

Ohio Rev. Code Ann. § 3901.215 Intent to promote innovation and maintain strong consumer protection

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The intent of the general assembly in amending section 3901.21 of the Revised Code and enacting sections 3901.212 and 3901.213 of the Revised Code is to promote innovation in connection with the offering of value-added services while maintaining strong consumer protections. Last …

Ohio Rev. Code Ann. § 3901.22 Hearings on violation - orders - administrative remedies

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(A) The superintendent of insurance may conduct hearings to determine whether violations of section 3901.20 of the Revised Code have occurred. Any person aggrieved with respect to any act that the person believes to be an unfair or deceptive act or practice in the business of ins…

Ohio Rev. Code Ann. § 3901.221 Cease-and-desist orders

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If a violation of section 3901.20 of the Revised Code has caused, is causing, or is about to cause substantial and material harm, the superintendent of insurance may issue an order that the person cease and desist from any activity violating such section. Notice of the order shal…

Ohio Rev. Code Ann. § 3901.23 Self-incrimination

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If any person asks to be excused from attending and testifying or from producing any books, papers, records, correspondence, or other documents at any hearing on the ground that the testimony or evidence required of him may tend to incriminate him or subject him to a penalty or f…

Ohio Rev. Code Ann. § 3901.24 Unlawful advertising

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No unauthorized foreign or alien insurer shall make, issue, circulate, or cause to be made, issued, or circulated, to residents of this state any estimate, illustration, circular, pamphlet, or letter, or cause to be made in any newspaper, magazine, or other publication or over an…

Ohio Rev. Code Ann. § 3901.241 List of top twenty per cent of services and expected contributions

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(A) As used in this section:(1) "Exchange" has the same meaning as in section 3905.01 of the Revised Code.(2) "Enrollee's expected contribution" means any portion of the cost of a health service covered by a health benefit plan offered through an exchange that a person enrolled u…