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Ohio Statutes, Title 39

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Ohio/Statutes

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Title 39, Insurance

44 chapters · 1,388 sections in this title.

All chapters in Title 391,388 Ch 3901, Superintendent Of Insurance151 Ch 3905, Insurance Producers Licensing Act123 Ch 3923, Sickness And Accident Insurance109 Ch 3903, Reserve Valuation; Rehabilitation An…92 Ch 3929, Domestic And Foreign Insurance Compa…77 Ch 3941, Operation Of Mutual Insurance Companies51 Ch 3937, Casualty Insurance; Motor Vehicle In…50 Ch 3921, Fraternal Benefit Societies43 Ch 3919, Mutual Protective Insurance Upon Persons40 Ch 3925, Domestic Insurance Companies Other T…36 Ch 3953, Title Insurance36 Ch 3924, Small Employer Health Benefit Plans;…33 Ch 3964, Captive Insurance Companies33 Ch 3902, Insurance Policies And Contracts32

1,388 sections·Filtered byTitle 39✕

Ohio Rev. Code Ann. § 3937.181 Property damage coverage
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(A) No policy of insurance described in division (A) of section 3937.18 of the Revised Code that includes uninsured motorist coverage, underinsured motorist coverage, or both uninsured and underinsured motorist coverages shall be delivered or issued for delivery unless coverage i…
Ohio Rev. Code Ann. § 3937.182 Punitive or exemplary damages
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(A) As used in this section, "policy" includes an endorsement. (B) No policy of automobile or motor vehicle insurance that is covered by sections 3937.01 to 3937.17 of the Revised Code, including, but not limited to, the uninsured motorist coverage, underinsured motorist coverage…
Ohio Rev. Code Ann. § 3937.19 Summary of material coverages and exclusions for personal lines policy
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(A) As used in this section: (1) "Personal lines policy of insurance" means a policy of property and casualty insurance issued to a natural person primarily for personal or family protection for personal automobile, homeowner's, tenant's, mobile-homeowner's, non-commercial dwelli…
Ohio Rev. Code Ann. § 3937.21 Insurance company - obligation to defend

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No insurance company issuing a policy of automobile or motor vehicle liability insurance shall be relieved of its contractual obligation to defend its insured against any claim on the basis of coverage for such claim being provided by any other policy, unless the insurer of such …

Ohio Rev. Code Ann. § 3937.22 Prohibiting increase in cost when insured not at fault

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No insurer shall increase the cost of a private passenger automobile insurance policy based on the insured's involvement in a single motor vehicle accident during the policy period when both of the following apply: (A) The insured's action is not a proximate cause of any loss, da…

Ohio Rev. Code Ann. § 3937.23 Prohibiting increase in cost when insured not at fault involved in accident with uninsured motorist

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No insurer shall increase the cost of a private passenger automobile insurance policy based on the insured's involvement in a motor vehicle accident with an uninsured or underinsured motorist, when both of the following apply: (A) The insured's action is not a proximate cause of …

Ohio Rev. Code Ann. § 3937.25 Grounds for cancellation

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(A) As used in sections 3937.25 to 3937.29 of the Revised Code, "medical malpractice insurance" means insurance coverage against the legal liability of the insured for loss, damage, or expense arising from a medical, optometric, or chiropractic claim, as those claims are defined …

Ohio Rev. Code Ann. § 3937.26 Notice of nonrenewal of policy - contents

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(A) An insurer may refuse to renew a policy of commercial property insurance, commercial fire insurance, or commercial casualty insurance other than fidelity or surety bonds, medical malpractice insurance, and automobile insurance as defined in section 3937.30 of the Revised Code…

Ohio Rev. Code Ann. § 3937.27 Renewal conditioned upon substantial increase in premium - notice

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(A) An insurer who intends to condition renewal of a policy of commercial property insurance, commercial fire insurance, or commercial casualty insurance other than fidelity and surety bonds, medical malpractice insurance, and automobile insurance as defined in section 3937.30 of…

Ohio Rev. Code Ann. § 3937.28 Contents of cancellation notice

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(A) A notice of cancellation of a policy of medical malpractice insurance shall not be issued by any licensed insurer unless it is based on one of the following grounds: (1) Nonpayment of premium; (2) Discovery of fraud or material misrepresentation in the procurement of the insu…

Ohio Rev. Code Ann. § 3937.29 Notice of intent to terminate all policies

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(A) An insurer that intends to cancel, terminate, or otherwise not renew all policies of medical malpractice insurance that it has issued to any class, type, or specialty of practitioner, or that intends to cancel, terminate, or otherwise not renew all policies of medical malprac…

Ohio Rev. Code Ann. § 3937.30 Automobile insurance policy defined

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(A) As used in sections 3937.30 to 3937.39 of the Revised Code, "automobile insurance policy" means an insurance policy delivered or issued in this state or covering a motor vehicle required to be registered in this state which: (1) Provides automobile bodily injury or property d…

Ohio Rev. Code Ann. § 3937.31 Policy period or guaranteed renewable successive policy periods

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(A) Every automobile insurance policy shall be issued for a period of not less than one year or guaranteed renewable for successive policy periods totaling not less than one year. Where renewal is mandatory, "cancellation," as used in sections 3937.30 to 3937.39 of the Revised Co…

Ohio Rev. Code Ann. § 3937.32 Notice of cancellation

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(A) No cancellation of an automobile insurance policy is effective, unless it is pursuant to written notice to the insured of cancellation. Such notice shall contain: (1) The policy number; (2) The date of the notice; (3) The effective date of cancellation of the policy, which sh…

Ohio Rev. Code Ann. § 3937.33 Cancellation procedure

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An insurer may cancel an automobile insurance policy at such time prior to its expiration for such reasons as may be permitted by section 3937.31 of the Revised Code, by mailing to the insured, at the insured's last known address appearing on the insurer's records, a notice of ca…

Ohio Rev. Code Ann. § 3937.34 Notice of nonrenewal of policy - contents

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An insurer may refuse to renew an automobile insurance policy by mailing to the insured, at the insured's last known address appearing on the insurer's records, and at least thirty days prior to the date of expiration of the policy, a notice of the insurer's intention not to rene…

Ohio Rev. Code Ann. § 3937.35 Cancellation review by superintendent of insurance

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Upon receipt of a notice of cancellation given pursuant to section 3937.33 of the Revised Code at any time prior to the effective date of cancellation of an automobile insurance policy, the insured may apply in writing to the superintendent of insurance for review of such cancell…

Ohio Rev. Code Ann. § 3937.36 Immunity

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There is no liability on the part of, and no cause of action of any nature shall arise against, the superintendent of insurance, any insurer, or any person furnishing information requested by the superintendent, an insurer, the agent, employee, attorney, or other authorized repre…

Ohio Rev. Code Ann. § 3937.37 Prohibiting requirement of disclosure

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No insurer on its application for an automobile insurance policy shall require the applicant to disclose any refusal or cancellation of automobile insurance other than a cancellation in accord with section 3937.31 of the Revised Code, and according to the procedure required in se…

Ohio Rev. Code Ann. § 3937.38 Prohibiting failure to renew because of age

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No insurer shall fail to renew an automobile insurance policy solely because of the age attained by the insured.

Ohio Rev. Code Ann. § 3937.39 Prohibiting discrimination

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No insurer shall cancel, or refuse to write or renew, any automobile insurance policy solely on the basis of national origin, creed, or race of the insured or applicant.

Ohio Rev. Code Ann. § 3937.41 Prohibiting consideration of work-related accidents

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(A) As used in this section: (1) "Ambulance" has the same meaning as in section 4765.01 of the Revised Code and also includes private ambulance companies under contract to a municipal corporation, township, or county. (2) "Emergency vehicle" means any of the following: (a) Any ve…

Ohio Rev. Code Ann. § 3937.411 Tickets for civil violations

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No insurer shall consider the issuance of a ticket for a civil violation under section 4511.097 of the Revised Code to an applicant or policyholder, or an admission or finding of liability related to such a ticket, as a basis for doing either of the following: (A) Refusing to iss…

Ohio Rev. Code Ann. § 3937.42 Cooperation in investigating fraudulent claims

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(A) The chief or head law enforcement officer of any federal, state, or local law enforcement agency or a prosecuting attorney of any county may request any insurance company, or agent authorized by the company to act on its behalf, that has investigated or is investigating a cla…

Ohio Rev. Code Ann. § 3937.43 Reduction in premium charges for insureds over 60 completing motor vehicle accident prevention course

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(A) As used in this section: (1) "Automobile insurance policies" has the same meaning as in section 3937.30 of the Revised Code. (2) "Moving violation" means any violation of any statute or ordinance that regulates the operation of vehicles, streetcars, or trackless trolleys on h…

Ohio Rev. Code Ann. § 3937.44 All claims resulting from one person's bodily injury subject to limit of policy applicable to bodily injury

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Any liability policy of insurance including, but not limited to, automobile liability or motor vehicle liability insurance that provides a limit of coverage for payment for damages for bodily injury, including death, sustained by any one person in any one accident, may, notwithst…

Ohio Rev. Code Ann. § 3937.45 Prohibiting consideration of vehicle weight violations

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(A) No insurer shall consider the circumstance that an applicant or policyholder has been convicted of any violation of the weight provisions of Chapter 5577. of the Revised Code, or a substantially similar municipal ordinance relating to vehicle weight as a basis for doing eithe…

Ohio Rev. Code Ann. § 3937.46 Applicability of intrafamily liability exclusion against owner or operator of motor vehicle in action for wrongful death

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(A) An intrafamily liability exclusion shall not apply or be enforced by an insurer against the owner or operator of a motor vehicle in a claim or in a suit for damages made against the owner or operator under Chapter 2125. of the Revised Code. (B) The prohibition included in div…

Ohio Rev. Code Ann. § 3937.47 Cancellation of personal lines insurance

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(A) As used in this section, "personal lines insurance" means any policy of insurance issued to a natural person for personal or family protection, including basic property, dwelling fire, homeowner's, tenant's, inland marine, personal liability, and personal umbrella liability c…

Ohio Rev. Code Ann. § 3937.99 Penalty

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(A) Whoever purposely violates sections 3937.01 to 3937.17 of the Revised Code shall be fined not more than five hundred dollars. (B) Whoever violates division (I) of section 3937.42 of the Revised Code is guilty of a misdemeanor of the fourth degree.

Ohio Rev. Code Ann. § 3938.01 Definitions

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(A) This chapter may be cited as the "Certificates of Insurance Act." (B) As used in this chapter: (1) "Certificate of insurance" means a document or instrument, regardless of how titled or described, that is prepared or issued by an insurer or insurance agent licensed under Chap…

Ohio Rev. Code Ann. § 3938.02 Nature of certificate

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A certificate of insurance is not a policy of insurance and does not affirmatively or negatively amend, extend, or alter the coverage afforded by the policy to which the certificate of insurance refers. A certificate of insurance shall not confer to any person new or additional r…

Ohio Rev. Code Ann. § 3938.03 Language prohibited

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(A) A certificate of insurance shall not include language that does either of the following: (1) Is unfair, misleading, or deceptive or that violates public policy; (2) Violates any law or any rule adopted by the superintendent of insurance. (B) A certificate of insurance shall n…

Ohio Rev. Code Ann. § 3938.04 False information; alteration of policy

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No person shall do either of the following: (A) Prepare, issue, request, or require a certificate of insurance that contains any false or misleading information concerning the policy of insurance referenced in the certificate of insurance; (B) Prepare, issue, request, or require …

Ohio Rev. Code Ann. § 3938.05 Right to notice of cancellation or nonrenewal of insurance policy

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A certificate holder shall be entitled to notice of cancellation or nonrenewal or any similar notice concerning a policy of insurance only if the certificate holder is named within the policy or any endorsement to the policy and the policy or endorsement requires notice to be pro…

Ohio Rev. Code Ann. § 3938.06 Applicability of chapter

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The provisions of this chapter shall apply to all certificates of insurance issued in connection with property and casualty risks located in this state, regardless of where the policyholder, insurer, insurance agent, or person requesting the certificate of insurance is located.

Ohio Rev. Code Ann. § 3938.07 Issuance in violation of chapter

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A certificate of insurance that is issued in violation of this chapter shall be void.

Ohio Rev. Code Ann. § 3938.08 Violation; penalty

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(A) No person shall fail to comply with sections 3938.01 to 3938.07 of the Revised Code. If the superintendent of insurance determines that any person has violated sections 3938.01 to 3938.07 of the Revised Code, the superintendent may take one or more of the following actions: (…

Ohio Rev. Code Ann. § 3938.09 Rules

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The superintendent of insurance may adopt rules in accordance with Chapter 119. of the Revised Code as necessary to implement this chapter.

Ohio Rev. Code Ann. § 3939.01 Organizing mutual protective associations

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(A) Any number of persons of lawful age, not less than ten in number, owning insurable property in this state, may associate themselves together for the purpose of insuring each other against the risk of direct physical loss or damage to property in this state, including theft of…

Ohio Rev. Code Ann. § 3939.02 Contents of certificate of incorporation

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Persons forming an association under section 3939.01 of the Revised Code shall make and subscribe a certificate setting forth therein: (A) The name by which the association is to be known; (B) The place which is regarded as its center or business office; (C) The object of the ass…

Ohio Rev. Code Ann. § 3939.03 Filing of certificate

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The certificate required by section 3939.02 of the Revised Code shall be filed in the office of the secretary of state. A copy thereof, certified by him, shall be evidence of the existence and incorporation of the association for the purposes therein named.

Ohio Rev. Code Ann. § 3939.04 Directors and officers

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When the certificate required by section 3939.02 of the Revised Code has been filed with the secretary of state, and a certified copy forwarded to the association, the persons named therein shall elect their directors, president, secretary, treasurer, and other officers necessary…

Ohio Rev. Code Ann. § 3939.05 Powers of association

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An association organized under section 3939.01 of the Revised Code shall be considered as a body corporate for all the purposes set forth in the certificate required by section 3939.02 of the Revised Code, and may sue and be sued, and plead and be impleaded, in all courts of law …

Ohio Rev. Code Ann. § 3939.06 Constitution and bylaws

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Every association organized under section 3939.01 of the Revised Code shall adopt a constitution, whether designated a constitution, constitution and bylaws, regulations, or code of regulations, that in the judgment of its members best serves its interests and purposes. The const…

Ohio Rev. Code Ann. § 3939.07 Information filed with superintendent of insurance

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Before granting insurance, an association organized under section 3939.01 of the Revised Code shall file with the superintendent of insurance a copy of its articles of incorporation, certified by the secretary of state, a copy of its constitution adopted under section 3939.06 of …

Ohio Rev. Code Ann. § 3939.08 Renewal of certificate

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Upon the filing of its annual statement by an association organized under section 3939.01 of the Revised Code, the superintendent of insurance, annually, shall issue to such association a renewal of the certificate issued under section 3939.07 of the Revised Code, if he finds tha…

Ohio Rev. Code Ann. § 3939.09 Annual statement

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The president or vice-president and the secretary of every association organized under section 3939.01 of the Revised Code, annually on the first day of January or within sixty days after the first day of January, shall prepare under oath and deposit in the office of the superint…

Ohio Rev. Code Ann. § 3939.10 Reorganization of mutual fire insurance associations as companies

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Any mutual fire insurance association organized under section 3939.01 of the Revised Code, which is doing business and which has the number of policies and amount of insurance in force, and the amount of assets required, in order to organize a mutual fire insurance company, may r…

Ohio Rev. Code Ann. § 3939.11 Financial capacity of mutual protective association

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In determining the financial capacity of a mutual protective association organized under section 3939.01 of the Revised Code, the superintendent of insurance may take into consideration factors that include, but are not limited to, all of the following: (A) Any reinsurance arrang…