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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. § 3953.35 Prohibited conduct regarding loans of $75,000 or less
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(A) No title insurance agent shall do any of the following in connection with a mortgage loan of seventy-five thousand dollars or less: (1) Knowingly coerce or wrongfully instruct the consumer to enter into the loan; (2) Knowingly fail to disclose to the consumer that the consume…
Ohio Rev. Code Ann. § 3953.36 Dissolution or termination of a joint venture title insurance agency
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For a title agency that is a joint venture that is set to dissolve or terminate on a specified date, all members of that joint venture shall be allowed or invited to join any successor joint ventures formed upon dissolution or termination of the original joint venture, and the pe…
Ohio Rev. Code Ann. § 3955.01 Definitions
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As used in sections 3955.01 to 3955.19 of the Revised Code: (A) "Account" means either of the two accounts created by division (B) of section 3955.06 of the Revised Code. (B) "Affiliate" means a person that, directly or indirectly, through one or more intermediaries, controls, is…
Ohio Rev. Code Ann. § 3955.02 Citing act

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Sections 3955.01 to 3955.19 of the Revised Code may be cited as the Ohio insurance guaranty association act.

Ohio Rev. Code Ann. § 3955.03 Purposes of chapter

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The purposes of sections 3955.01 to 3955.19 of the Revised Code are to provide a mechanism for the payment of covered claims under certain insurance policies, avoid excessive delay in payment and reduce financial loss to claimants or policyholders because of the insolvency of an …

Ohio Rev. Code Ann. § 3955.04 Liberal construction of chapter

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Sections 3955.01 to 3955.19 of the Revised Code shall be liberally construed to effect the purpose stated under section 3955.03 of the Revised Code, which shall constitute an aid and guide to interpretation.

Ohio Rev. Code Ann. § 3955.05 Nonapplicability to certain kinds of insurance

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Sections 3955.01 to 3955.19 of the Revised Code apply to all kinds of direct insurance, except: (A) Title insurance; (B) Fidelity or surety bonds, or any other bonding obligations; (C) Credit insurance, vendors' single interest insurance, collateral protection insurance, or any s…

Ohio Rev. Code Ann. § 3955.06 Ohio insurance guaranty association

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(A) There is hereby created an unincorporated nonprofit association to be known as the Ohio insurance guaranty association. All member insurers, as defined in division (D) of section 3955.01 of the Revised Code, shall be and remain members of the association as a condition of the…

Ohio Rev. Code Ann. § 3955.061 Ohio insurance guaranty association records confidential; exceptions

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(A) Except as provided in division (B) of this section, records created, held by, or pertaining to the guaranty association are not public records under section 149.43 of the Revised Code, are confidential, and are not subject to inspection or disclosure. (B) Division (A) of this…

Ohio Rev. Code Ann. § 3955.07 Board of directors

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(A) The board of directors of the Ohio insurance guaranty association shall consist of not less than five nor more than nine persons serving terms as established in the plan of operation. The members of the board shall be selected by member insurers, subject to the approval of th…

Ohio Rev. Code Ann. § 3955.08 Association powers and duties

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(A) The Ohio insurance guaranty association shall: (1) Be obligated to the extent of the covered claims existing prior to the determination that an insolvent insurer exists and arising within thirty days after such determination, or before the policy expiration date if less than …

Ohio Rev. Code Ann. § 3955.09 Plan of operation and amendments

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(A) The Ohio insurance guaranty association shall submit to the superintendent of insurance a plan of operation and any amendments to the plan necessary or suitable to assure the fair, reasonable, and equitable administration of the association. If the association fails to submit…

Ohio Rev. Code Ann. § 3955.10 Superintendent of insurance - powers and duties

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(A) The superintendent of insurance shall: (1) Immediately furnish to the association a copy of any complaint filed by the superintendent in any court which seeks an order to rehabilitate or liquidate the company; (2) Notify the Ohio insurance guaranty association of the existenc…

Ohio Rev. Code Ann. § 3955.12 Subrogation of association - recovery against insolvent insurers

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(A) The Ohio insurance guaranty association shall be subrogated to the rights of any person recovering under sections 3955.01 to 3955.19 of the Revised Code to the extent of the person's recovery from the association. Every insured or claimant seeking the protection of sections 3…

Ohio Rev. Code Ann. § 3955.13 Exhausting rights under other policy

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(A) Any person having a covered claim upon which recovery is also presently possible under an insurance policy written by another insurer shall be required first to exhaust his rights under such other policy. Any amount payable on a covered claim under sections 3955.01 to 3955.19…

Ohio Rev. Code Ann. § 3955.14 Aiding detection and prevention of insurer insolvencies

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To aid in the detection and prevention of insurer insolvencies: (A) The board of directors of the Ohio insurance guaranty association, upon a majority vote, may do the following: (1) Make recommendations to the superintendent of insurance for the detection and prevention of insur…

Ohio Rev. Code Ann. § 3955.15 Examination and regulation by superintendent - annual financial report

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The Ohio insurance guaranty association is subject to examination and regulation by the superintendent of insurance. The association shall submit in a form approved by the superintendent, not later than the thirtieth day of March of each year, a financial report for the preceding…

Ohio Rev. Code Ann. § 3955.16 Exemption from fees and taxation

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The Ohio insurance guaranty association is exempt from payment of all fees and taxes levied by this state or any of its subdivisions.

Ohio Rev. Code Ann. § 3955.17 Rates - factors and calculation

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(A) A rate shall not be found excessive under section 3935.03 or 3937.02 of the Revised Code solely because it contains a factor designed to recover any amounts paid to the Ohio insurance guaranty association by a member insurer as an assessment under division (A)(3) of section 3…

Ohio Rev. Code Ann. § 3955.18 Immunity

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There shall be no liability on the part of and no cause of action of any nature shall arise against any member insurer, the Ohio insurance guaranty association or its agents or employees, the board of directors, or the superintendent of insurance or his representatives, including…

Ohio Rev. Code Ann. § 3955.19 Staying pending proceedings involving insolvent insurers

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To permit a proper defense by the Ohio insurance guaranty association of all pending causes of action, all proceedings in which an insolvent insurer is a party or is obligated to defend a party in any court in this state shall be stayed for six months, and such additional time th…

Ohio Rev. Code Ann. § 3956.01 Life and health insurance guaranty association definitions

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As used in this chapter: (A) "Account" means either of the two accounts created under section 3956.06 of the Revised Code. (B) "Authorized assessment," or "authorized," in the context of assessments, means a resolution by the board of directors has been passed whereby an assessme…

Ohio Rev. Code Ann. § 3956.02 Citing chapter

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This chapter may be cited as the Ohio life and health insurance guaranty association act.

Ohio Rev. Code Ann. § 3956.03 Purpose of chapter

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The purpose of this chapter is to protect, subject to certain limitations, the persons specified in division (A) of section 3956.04 of the Revised Code against failure in the performance of contractual obligations under life, health, and annuity policies, plans, or contracts spec…

Ohio Rev. Code Ann. § 3956.04 Association coverage and liability

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(A) This chapter provides coverage, by the Ohio life and health insurance guaranty association, for the policies and contracts specified in division (C) of this section to all of the following persons: (1) Persons, regardless of where they reside, except for nonresident certifica…

Ohio Rev. Code Ann. § 3956.05 Liberal construction of chapter

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This chapter shall be liberally construed to effect its purpose as set forth in section 3956.03 of the Revised Code.

Ohio Rev. Code Ann. § 3956.06 Ohio life and health insurance guaranty association created

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(A) There is hereby created an unincorporated nonprofit association to be known as the Ohio life and health insurance guaranty association. All member insurers shall be and remain members of the association as a condition of their license or authority to transact the business of …

Ohio Rev. Code Ann. § 3956.061 Ohio life and health insurance guaranty association records confidential; exceptions

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(A) Except as provided in division (B) of this section, records created, held by, or pertaining to the guaranty association are not public records under section 149.43 of the Revised Code, are confidential, and are not subject to inspection or disclosure. (B) Division (A) of this…

Ohio Rev. Code Ann. § 3956.07 Board of directors

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(A) The board of directors of the Ohio life and health insurance guaranty association shall consist of not less than nine nor more than eleven member insurers serving terms as established in the plan of operation. A majority of the members of the board shall be representatives of…

Ohio Rev. Code Ann. § 3956.08 Duties as to impaired or insolvent member insurer

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(A)(1) Subject to any conditions imposed as provided in division (A)(2) of this section, the Ohio life and health insurance guaranty association may do either of the following with respect to an impaired member insurer: (a) Guarantee, assume, reissue, or reinsure, or cause to be …

Ohio Rev. Code Ann. § 3956.09 Member assessments

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(A) For the purpose of providing the funds necessary to carry out the powers and duties of the Ohio life and health insurance guaranty association, the board of directors shall assess the member insurers, separately for each subaccount or account, at such time and for such amount…

Ohio Rev. Code Ann. § 3956.10 Plan of operation and amendments

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(A)(1) The Ohio life and health insurance guaranty association shall submit to the superintendent of insurance a plan of operation and any amendments to the plan necessary or suitable to ensure the fair, reasonable, and equitable administration of the association. The plan of ope…

Ohio Rev. Code Ann. § 3956.11 Duties and powers of superintendent - appeals - notification of chapter provisions

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(A) The superintendent of insurance shall: (1) Upon request of the board of directors of the Ohio life and health insurance guaranty association, provide the association with a statement of the premiums in this and any other appropriate states for each member insurer; (2) When an…

Ohio Rev. Code Ann. § 3956.12 Detection and prevention of insurer insolvencies or impairments

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To aid in the detection and prevention of member insurer insolvencies or impairments: (A) The superintendent of insurance shall do all of the following: (1) Notify the commissioners of insurance of all the other states, territories of the United States, and the District of Columb…

Ohio Rev. Code Ann. § 3956.13 Liability for unpaid assessments - records - association deemed creditor of insurer - rehabilitation or liquidation proceedings.

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(A) Nothing in this chapter shall be construed to reduce the liability for unpaid assessments of the insureds or enrollees of an impaired or insolvent insurer operating under a plan with assessment liability. (B) Records shall be kept of all resolutions adopted by the Ohio life a…

Ohio Rev. Code Ann. § 3956.14 Examination and regulation by superintendent - annual financial report

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The Ohio life and health insurance guaranty association is subject to examination and regulation by the superintendent of insurance. The board of directors shall submit to the superintendent each year, not later than four months after the end of the association's fiscal year, a f…

Ohio Rev. Code Ann. § 3956.15 Exemption from fees and taxes

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The Ohio life and health guaranty association is exempt from payment of all fees and all taxes levied by this state or any of its political subdivisions.

Ohio Rev. Code Ann. § 3956.16 Immunity

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There shall be no liability on the part of, and no cause of action of any nature shall arise against, any member insurer or its agents or employees, the Ohio life and health guaranty association or its agents or employees, the board of directors or any member of the board, or the…

Ohio Rev. Code Ann. § 3956.17 Proceedings involving insolvent insurer

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All proceedings in which the insolvent insurer is a party in any court in this state shall be stayed sixty days from the date an order of rehabilitation or liquidation is final to permit proper legal action by the association on any matters germane to its powers or duties. As to …

Ohio Rev. Code Ann. § 3956.18 Advertising prohibitions - summary document

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(A)(1) No person shall make, publish, disseminate, circulate, or place before the public, or cause to be made, published, disseminated, circulated, or placed before the public, in any newspaper, magazine, or other publication, or in the form of a notice, circular, pamphlet, lette…

Ohio Rev. Code Ann. § 3956.19 Applicability of prior law and current law

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(A) The provisions of this chapter in effect prior to the effective date of this section shall apply to all matters relating to any impaired insurer or insolvent insurer for which the association first became obligated under section 3956.08 of the Revised Code prior to the effect…

Ohio Rev. Code Ann. § 3956.20 Offset of assessments against premium or franchise tax liability

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(A)(1) A member insurer may offset against its premium or franchise tax liability twenty per cent of the assessment described in division (H) of section 3956.09 of the Revised Code in each of the five calendar years following the fiscal biennium in which the assessment was paid. …

Ohio Rev. Code Ann. § 3957.01 Pharmacy benefit manager definitions

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As used in this chapter: (A) "Claims processing services" means administrative services performed in connection with processing and adjudicating claims relating to pharmacist services, including both of the following: (1) Receiving payments for pharmacist services; (2) Making pay…

Ohio Rev. Code Ann. § 3957.02 Pharmacy benefit managers licensed by superintendent

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The superintendent of insurance shall establish by rule, adopted in accordance with Chapter 119. of the Revised Code, and administer a process for licensing pharmacy benefit managers in this state. The superintendent may adopt any other rules the superintendent deems necessary fo…

Ohio Rev. Code Ann. § 3957.03 License requirement

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(A) On and after July 1, 2027, no person shall solicit a plan or plan sponsor that is domiciled in this state or has its principal headquarters or principal administrative office in this state to act as a pharmacy benefit manager for the plan or plan sponsor unless licensed under…

Ohio Rev. Code Ann. § 3957.04 Application for license - filing fee

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(A) A person that seeks to be licensed as a pharmacy benefit manager shall file an application with the superintendent of insurance in the form and manner prescribed by the superintendent. The application shall include all the information the superintendent considers necessary to…

Ohio Rev. Code Ann. § 3957.05 Action on application by superintendent

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The superintendent of insurance shall approve or deny an application for a license under this chapter within a reasonable time after receipt.

Ohio Rev. Code Ann. § 3957.06 Denying application for license

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Within thirty days after denying an application for a license under this chapter, the superintendent of insurance shall notify the applicant of the denial and the reasons for the denial. The superintendent shall include a statement in the notice advising that the applicant is ent…

Ohio Rev. Code Ann. § 3957.07 Issuing license

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Upon approving an application for a license under this chapter and receiving payment of the associated filing fee, the superintendent of insurance shall grant the applicant a license to operate as a pharmacy benefit manager in this state. The initial license is effective on the d…

Ohio Rev. Code Ann. § 3957.08 License renewal

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(A) The superintendent of insurance shall provide a renewal notice to each licensee not later than the first day of May each year. (B) A licensee may renew its pharmacy benefit manager license by applying to the superintendent, in the form and manner prescribed by the superintend…