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Ohio Statutes, Title 39

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Ohio/Statutes

← All Ohio coverage

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. § 3903.18 Liquidation orders
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(A) An order to liquidate the business of a domestic insurer shall appoint the superintendent of insurance and his successors in office as liquidator and shall direct the liquidator forthwith to take possession of the assets of the insurer and to administer them under the general…
Ohio Rev. Code Ann. § 3903.19 Effect of liquidation order on policies
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(A) All policies, other than life or health insurance or annuities, in effect at the time of issuance of an order of liquidation shall continue in force only for the lesser of any of the following: (1) A period of thirty days from the date of entry of the liquidation order; (2) T…
Ohio Rev. Code Ann. § 3903.20 Dissolution of corporate existence
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The superintendent of insurance may file a motion for an order dissolving the corporate existence of a domestic insurer or the United States branch of an alien insurer domiciled in this state at the time he files a complaint for a liquidation order. The court shall order dissolut…
Ohio Rev. Code Ann. § 3903.21 Liquidator - powers and duties

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(A) The liquidator may do any of the following: (1) Appoint one or more special deputies to act for him under sections 3903.01 to 3903.59 of the Revised Code, and determine the deputies' reasonable compensation. Special deputies have all the powers of the liquidator granted by th…

Ohio Rev. Code Ann. § 3903.22 Notice of liquidation order

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(A) Unless the court otherwise directs, the liquidator shall give or cause to be given notice of the liquidation order as soon as possible to all of the following: (1) By first class mail and either by telegram or telephone to the superintendent of insurance or equivalent officer…

Ohio Rev. Code Ann. § 3903.24 Civil action against liquidator or insurer

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(A) Upon entry of an order appointing a liquidator of a domestic insurer or of an alien insurer domiciled in this state, no civil action shall be commenced against the insurer or liquidator, whether in this state or elsewhere, nor shall any such existing actions be maintained or …

Ohio Rev. Code Ann. § 3903.25 Duplicate list of insurer's assets

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(A) As soon as practicable after the liquidation order but not later than one hundred twenty days thereafter, the liquidator shall prepare in duplicate a list of the insurer's assets. The list shall be amended or supplemented from time to time as the liquidator may determine. One…

Ohio Rev. Code Ann. § 3903.26 Transfers and obligations incurred one year prior to proceeding

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(A) Except as provided in division (D) of this section, every transfer made or suffered and every obligation incurred by an insurer within one year prior to the filing of a successful complaint for rehabilitation or liquidation under sections 3903.01 to 3903.59 of the Revised Cod…

Ohio Rev. Code Ann. § 3903.27 Transfers made after filing of complaint

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(A) After a complaint for rehabilitation or liquidation has been filed, a transfer of any of the real property of the insurer made to a person acting in good faith is valid against the rehabilitator or liquidator if made for a present fair equivalent value, or, if not made for a …

Ohio Rev. Code Ann. § 3903.28 Preferences

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(A)(1) A preference is a transfer of any of the property of an insurer or of an interest in the property of an insurer to or for the benefit of a creditor, for or on account of an antecedent debt, made or suffered by the insurer within two years before the complaint date that ena…

Ohio Rev. Code Ann. § 3903.29 Allowance of claims

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(A) No claims of a creditor who has received or acquired a preference, lien, conveyance, transfer, assignment, or encumbrance, voidable under sections 3903.01 to 3903.59 of the Revised Code, shall be allowed unless he surrenders the preference, lien, conveyance, transfer, assignm…

Ohio Rev. Code Ann. § 3903.30 Allowance of setoffs and counterclaims

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(A) Mutual debts or mutual credits between the insurer and another person in connection with any action or proceeding under sections 3903.01 to 3903.59 of the Revised Code shall be set off and the balance only shall be allowed or paid, except as provided in division (B) of this s…

Ohio Rev. Code Ann. § 3903.301 Protection of rights

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(A) Notwithstanding any other provision under sections 3903.01 to 3903.59 of the Revised Code, no person shall be stayed or prohibited from exercising any of the following rights: (1) A contractual right to cause the termination, liquidation, acceleration, or close out of obligat…

Ohio Rev. Code Ann. § 3903.31 Report of liquidator to court

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(A) As soon as practicable but not more than two years from the date of an order of liquidation under section 3903.18 of the Revised Code of an insurer issuing assessable policies, the liquidator shall make a report to the court setting forth all of the following: (1) The reasona…

Ohio Rev. Code Ann. § 3903.32 Reducing recovery from reinsurer

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The amount recoverable by the liquidator from reinsurers shall not be reduced as a result of delinquency proceedings, regardless of any provision in the reinsurance contract or other agreement. Payment made by a reinsurer directly to an insured or other creditor does not diminish…

Ohio Rev. Code Ann. § 3903.33 Payment of unpaid earned premiums

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(A) An agent, broker, premium finance company, or any other person, other than the insured, responsible for the payment of a premium is obligated to pay any unpaid earned premium due the insurer at the time of the declaration of insolvency, as shown on the records of the insurer.…

Ohio Rev. Code Ann. § 3903.34 Proposal to disburse assets to guaranty associations - contents - application for approval

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(A) Within one hundred twenty days of a final determination of insolvency of an insurer by a court of this state, the liquidator shall make application to the court for approval of a proposal to disburse assets out of marshalled assets, from time to time as such assets become ava…

Ohio Rev. Code Ann. § 3903.35 Proof of claims to be filed with liquidator

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(A) Proof of all claims shall be filed with the liquidator in the form required by section 3903.36 of the Revised Code on or before the last day for filing specified in the notice required under section 3903.22 of the Revised Code, except that proof of claims for cash surrender v…

Ohio Rev. Code Ann. § 3903.36 Proof of claim contents

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(A) Proof of claim shall consist of a statement signed by the claimant that includes all of the following that are applicable: (1) The particulars of the claim including the consideration given for it; (2) The identity and amount of the security on the claim; (3) The payments mad…

Ohio Rev. Code Ann. § 3903.37 Contingent claims- absolute claims

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(A) The claim of a third party which is contingent only on his first obtaining a judgment against the insured shall be considered and allowed as if there were no such contingency. (B) A claim may be allowed even if contingent, if it is filed in accordance with section 3903.35 of …

Ohio Rev. Code Ann. § 3903.38 Third party-party claims

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(A) Whenever any third party asserts a cause of action against an insured of an insurer in liquidation, the third party may file a claim with the liquidator. (B) Whether or not the third party files a claim, the insured may file a claim on his own behalf in the liquidation. An in…

Ohio Rev. Code Ann. § 3903.39 Written notice of denial of claim

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(A) When a claim is denied in whole or in part by the liquidator, written notice of the determination shall be given to the claimant or his attorney by first class mail at the address shown in the proof of claim. Within sixty days from the mailing of the notice, the claimant may …

Ohio Rev. Code Ann. § 3903.40 Claims secured by undertaking of another person

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Whenever a creditor whose claim against an insurer is secured, in whole or in part, by the undertaking of another person, fails to prove and file that claim, the other person may do so in the creditor's name, and shall be subrogated to the rights of the creditor, whether the clai…

Ohio Rev. Code Ann. § 3903.41 Methods of determining value of security held by secured creditor

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(A) The value of any security held by a secured creditor shall be determined in one of the following ways, as the court may direct: (1) By converting the same into money according to the terms of the agreement pursuant to which the security was delivered to such creditor; (2) By …

Ohio Rev. Code Ann. § 3903.42 Priority of distribution of claims

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The priority of distribution of claims from the insurer's estate shall be in accordance with the order in which each class of claims is set forth in this section. Every claim in each class shall be paid in full or adequate funds retained for such payment before the members of the…

Ohio Rev. Code Ann. § 3903.421 Medicaid health insuring corporation bond and securities

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(A) Notwithstanding section 3903.42 of the Revised Code, both of the following apply to medicaid health insuring corporation performance bonds and securities: (1) Proceeds from the bond issued or securities held pursuant to section 1751.271 of the Revised Code that have been paid…

Ohio Rev. Code Ann. § 3903.43 Review and investigation of claims

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(A) The liquidator shall review all claims duly filed in the liquidation and shall make such further investigation as he considers necessary. He may compound, compromise, or in any other manner negotiate the amount for which claims will be recommended to the court except where th…

Ohio Rev. Code Ann. § 3903.44 Court payment of distributions

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Under the direction of the court, the liquidator shall pay distributions in a manner that will assure the proper recognition of priorities and a reasonable balance between the expeditious completion of the liquidation and the protection of unliquidated and undetermined claims, in…

Ohio Rev. Code Ann. § 3903.45 Distribution of unclaimed and withheld funds

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(A) All unclaimed funds subject to distribution remaining in the liquidator's hands when he is ready to apply to the court for discharge, including the amount distributable to any creditor, shareholder, member, or other person who is unknown or cannot be found, shall be distribut…

Ohio Rev. Code Ann. § 3903.46 Discharge of liquidator

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(A) When all assets justifying the expense of collection and distribution have been collected and distributed under sections 3903.01 to 3903.59 of the Revised Code, the liquidator shall apply to the court for discharge. The court may grant the discharge and make any other orders,…

Ohio Rev. Code Ann. § 3903.47 Motion to reopen proceedings

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After the liquidation proceeding has been terminated and the liquidator discharged, the superintendent of insurance or other interested party may at any time file a motion to reopen the proceedings for good cause, including the discovery of additional assets. If the court is sati…

Ohio Rev. Code Ann. § 3903.48 Court to direct retention or destruction of insurer's records

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Whenever it shall appear to the superintendent of insurance that the records of any insurer in process of liquidation or completely liquidated are no longer useful, he may recommend to the court and the court shall direct what records should be retained for future reference and w…

Ohio Rev. Code Ann. § 3903.49 Audit of books of proceeding

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The court may cause audits to be made of the books of the superintendent of insurance relating to any proceeding established under sections 3903.01 to 3903.59 of the Revised Code, and a report of each audit shall be filed with the superintendent and with the court. The books, rec…

Ohio Rev. Code Ann. § 3903.50 Order appointing conservator

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(A) If a domiciliary liquidator has not been appointed, the superintendent of insurance may file a complaint in the court of common pleas for an order directing him to act as conservator to conserve the property of an alien insurer not domiciled in this state or a foreign insurer…

Ohio Rev. Code Ann. § 3903.51 Order directing liquidation

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(A) If no domiciliary liquidator has been appointed, the superintendent of insurance may file a complaint in the court of common pleas for an order directing him to liquidate the assets found in this state of a foreign insurer or an alien insurer not domiciled in this state, on a…

Ohio Rev. Code Ann. § 3903.52 Power of domiciliary liquidator

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(A) The domiciliary liquidator of an insurer domiciled in a reciprocal state shall, except as to special deposits and security on secured claims under division (C) of section 3903.53 of the Revised Code, be vested by operation of law with the title to all of the assets, property,…

Ohio Rev. Code Ann. § 3903.53 Appointing ancillary receiver

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(A) If a domiciliary liquidator has been appointed for an insurer not domiciled in this state, the superintendent of insurance may file a complaint in the court of common pleas requesting appointment as ancillary receiver in this state if both of the following apply: (1) There ar…

Ohio Rev. Code Ann. § 3903.54 Discretion of superintendent to commence proceedings

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The superintendent of insurance in his sole discretion may commence proceedings under sections 3903.09 to 3903.11 of the Revised Code at the request of the superintendent or other appropriate insurance official of the domiciliary state of any foreign or alien insurer having prope…

Ohio Rev. Code Ann. § 3903.55 Foreign claimants

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(A) In a liquidation proceeding begun in this state against an insurer domiciled in this state, claimants residing in foreign countries or in states not reciprocal states must file claims in this state, and claimants residing in reciprocal states may file claims either with the a…

Ohio Rev. Code Ann. § 3903.56 Ohio residents claiming against foreign insurers

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(A) In a liquidation proceeding in a reciprocal state against an insurer domiciled in that state, claimants against the insurer who reside within this state may file claims either with the ancillary receiver, if any, in this state, or with the domiciliary liquidator. Claims must …

Ohio Rev. Code Ann. § 3903.57 Attachment, garnishment or execution proceedings blocked

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During the pendency in this or any other state of a liquidation proceeding, whether called by that name or not, no action or proceeding in the nature of an attachment, garnishment, or levy of execution shall be commenced or maintained in this state against the delinquent insurer …

Ohio Rev. Code Ann. § 3903.58 Distribution order among claimants from reciprocal states

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(A) In a liquidation proceeding in this state involving one or more reciprocal states, the order of distribution of the domiciliary state shall control as to all claims of residents of this and reciprocal states. All claims of residents of reciprocal states shall be given equal p…

Ohio Rev. Code Ann. § 3903.59 Failure to transfer assets to Ohio liquidator by ancillary receiver

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If an ancillary receiver in another state or foreign country, whether called by that name or not, fails to transfer to the domiciliary liquidator in this state any assets within the ancillary receiver's control other than special deposits, diminished only by the expenses of the a…

Ohio Rev. Code Ann. § 3903.71 Unsound company, suspension of authority to do business

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If it appears to the superintendent of insurance upon satisfactory evidence that the affairs of an insurance company, partnership, association, or reciprocal insurance exchange, not organized under the laws of this state, are such that any of the following conditions exist, the s…

Ohio Rev. Code Ann. § 3903.72 Definitions for sections 3903.72 to 3903.7211

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(A) The definitions provided in division (B) of this section shall apply after the operative date of the valuation manual. (B) As used in sections 3903.72 to 3903.7211 of the Revised Code: (1) "Accident and health insurance" means a contract that incorporates morbidity risk and p…

Ohio Rev. Code Ann. § 3903.721 Valuation of reserves

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(A)(1) The superintendent shall annually value, or cause to be valued, the reserve liabilities, referred to as reserves, for all outstanding life insurance policies and annuity and pure endowment contracts of every life insurance company doing business in this state issued prior …

Ohio Rev. Code Ann. § 3903.7210 Submission of prescribed data

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A company shall submit mortality, morbidity, policyholder behavior, or expense experience and other data as prescribed in the valuation manual for policies it has issued that are in force on or after the operative date of the valuation manual.

Ohio Rev. Code Ann. § 3903.7211 Confidential information

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(A) As used in this section: (1) "Confidential information" means all of the following: (a) A memorandum in support of an opinion submitted under sections 3903.722 and 3903.726 of the Revised Code and any other documents, materials, and other information, including all working pa…

Ohio Rev. Code Ann. § 3903.722 Submission of data prior to operative date of valuation manual

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(A) This section shall apply prior to the operative date of the valuation manual. (B) Every life insurance company doing business in this state shall annually submit to the superintendent the opinion of a qualified actuary as to whether the reserves and related actuarial items he…

Ohio Rev. Code Ann. § 3903.723 Minimum standards for the valuation of policies

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(A) Using the mortality, morbidity, and interest rates as provided in divisions (B) to (H) of this section and in sections 3903.724, 3903.725, and 3903.727 of the Revised Code, the minimum standard for the valuation of policies and contracts shall be derived according to the comm…