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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

1,367 sections·Filtered byTitle 39✕

Ohio Rev. Code Ann. § 3903.725 Valuation for individual annuity and pure endowment contracts
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For individual annuity and pure endowment contracts issued on or after January 1, 1989, and for annuities and pure endowments purchased on or after January 1, 1989, under group annuity and pure endowment contracts, the minimum standard of valuation shall be the commissioners rese…
Ohio Rev. Code Ann. § 3903.726 Submissions prior to operative date of valuation manual
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(A) This section shall apply on and after the operative date of the valuation manual. (B) Every company with an outstanding life insurance contract, accident and health insurance contract, or deposit-type contract in this state that is subject to rules adopted by the superintende…
Ohio Rev. Code Ann. § 3903.727 Valuation for accident and health insurance contracts
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For accident and health insurance contracts issued on or after the operative date of the valuation manual, the standard prescribed in the valuation manual is the minimum standard of valuation required under division (B) of section 3903.721 of the Revised Code. For disability, acc…
Ohio Rev. Code Ann. § 3903.728 Policies issued on or after the operative date of the valuation manual

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(A) For policies issued on or after the operative date of the valuation manual, the standard prescribed in the valuation manual is the minimum standard of valuation required under division (B) of section 3903.721 of the Revised Code, except as provided under divisions (E) and (G)…

Ohio Rev. Code Ann. § 3903.729 Established reserves; principle-based valuation

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(A) A company shall establish reserves using a principle-based valuation that meets the following conditions for policies or contracts as specified in the valuation manual: (1) The principle-based valuation shall quantify the benefits and guarantees, and the funding, associated w…

Ohio Rev. Code Ann. § 3903.73 Deposit of securities with treasurer of state

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All securities deposited with the superintendent of insurance shall be held by the superintendent for the purpose intended. No security shall be accepted for deposit by the superintendent unless it is of par value and market value of one thousand dollars or more. Last updated Sep…

Ohio Rev. Code Ann. § 3903.74 Sale and distribution of securities of defaulting companies

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If any company, corporation, or association required by law to make a deposit with the superintendent of insurance, or other state officer, to secure the contracts of such company, corporation, or association, or for any other purpose, fails to pay any of its liabilities upon suc…

Ohio Rev. Code Ann. § 3903.75 Notice to claimants

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Upon the filing of the petition authorized by section 3903.74 of the Revised Code, the superintendent of insurance, or other officer, shall publish for six consecutive weeks in three papers of general circulation within the state, one of which is published at the seat of governme…

Ohio Rev. Code Ann. § 3903.76 Court procedure

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The clerk of the court of common pleas of Franklin county shall forward a copy of the notice required by section 3903.75 of the Revised Code to the last known address of such company, corporation, or association. The Civil Rules shall govern such proceedings, and, upon the hearin…

Ohio Rev. Code Ann. § 3903.77 Property and casualty insurance reporting requirements

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(A) Every property and casualty insurance company doing business in this state, except as exempted by the superintendent of insurance, annually, shall cause to be prepared by a qualified actuary, appointed by the company, the following documents: (1) An actuarial opinion that cer…

Ohio Rev. Code Ann. § 3903.81 Risk-based capital for insurers model act definitions

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As used in sections 3903.81 to 3903.93 of the Revised Code:(A) "Adjusted RBC report" means an RBC report that has been adjusted by the superintendent of insurance in accordance with division (C) of section 3903.82 of the Revised Code.(B) "Authorized control level RBC" means the n…

Ohio Rev. Code Ann. § 3903.82 Annual report

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(A) Each domestic insurer shall, on or prior to the first day of March of every year, prepare and submit to the superintendent of insurance a report on its RBC levels as of the end of the calendar year just ended, in a form and containing such information as is required by the RB…

Ohio Rev. Code Ann. § 3903.83 Duty to submit plan

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(A) For purposes of sections 3903.81 to 3903.93 of the Revised Code, a "company action level event" is any of the following events: (1) A domestic or foreign insurer's filing of an RBC report that indicates that the insurer's total adjusted capital is greater than or equal to its…

Ohio Rev. Code Ann. § 3903.84 Regulatory action level event duties of superintendent and insurer

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(A) For purposes of sections 3903.81 to 3903.93 of the Revised Code, a "regulatory action level event" is any of the following events:(1) The filing of an RBC report by an insurer that indicates that the insurer's total adjusted capital is greater than or equal to its authorized …

Ohio Rev. Code Ann. § 3903.85 Authorized control level event duties of superintendent and insurer

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(A) For purposes of sections 3903.81 to 3903.93 of the Revised Code, an "authorized control level event" is any of the following events:(1) The filing of an RBC report by an insurer that indicates that the insurer's total adjusted capital is greater than or equal to its mandatory…

Ohio Rev. Code Ann. § 3903.86 Mandatory control level event duties of superintendent and insurer

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(A) For purposes of sections 3903.81 to 3903.93 of the Revised Code, a "mandatory control level event" is any of the following events:(1) The filing of an RBC report by an insurer that indicates that the insurer's total adjusted capital is less than its mandatory control level RB…

Ohio Rev. Code Ann. § 3903.87 Right to request hearing

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(A) An insurer has the right to a hearing upon receiving any of the following from the superintendent of insurance:(1) An adjusted RBC report;(2) Notification that the insurer's RBC plan or revised RBC plan is unsatisfactory and a statement that the notification constitutes a reg…

Ohio Rev. Code Ann. § 3903.88 Confidential information

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(A) The superintendent of insurance shall keep all of the following confidential:(1) An RBC report, to the extent that information contained in the report is not required to be included in an annual statement available to the public;(2) An RBC plan;(3) The results of, or a report…

Ohio Rev. Code Ann. § 3903.89 Effectiveness of notice

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Unless otherwise provided, all notices sent to an insurer by the superintendent of insurance that may result in regulatory action under sections 3903.81 to 3903.93 of the Revised Code shall be effective upon dispatch if transmitted by registered or certified mail. Any other notic…

Ohio Rev. Code Ann. § 3903.90 Annual report by foreign insurer

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(A) Each foreign insurer shall submit to the superintendent of insurance, upon receiving the superintendent's written request, an RBC report for the calendar year just ended. The insurer shall submit the RBC report to the superintendent by the later of:(1) The date a domestic ins…

Ohio Rev. Code Ann. § 3903.91 Regulatory officials - immunity

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There shall be no liability on the part of, and no cause of action shall arise against, the superintendent of insurance, or the department of insurance, its employees, or its agents, for any action taken in their performance of the powers and duties under sections 3903.81 to 3903…

Ohio Rev. Code Ann. § 3903.92 Requirements for exempting insurer from sections

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The superintendent may exempt any domestic property and casualty insurer from the application of sections 3903.81 to 3903.93 of the Revised Code, if the insurer meets all of the following requirements:(A) The insurer writes direct business only in this state;(B) The insurer write…

Ohio Rev. Code Ann. § 3903.93 Rules

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The superintendent may adopt rules in accordance with Chapter 119. of the Revised Code as are reasonably necessary for the implementation and operation of sections 3903.81 to 3903.93 of the Revised Code.

Ohio Rev. Code Ann. § 3903.99 Penalty

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Whoever violates division (B) or (C) of section 3903.06 of the Revised Code shall be fined not more than ten thousand dollars or imprisoned for not more than one year, or both.

Ohio Rev. Code Ann. § 3904.01 Insurance information practices definitions

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As used in sections 3904.01 to 3904.22 of the Revised Code: (A)(1) "Adverse underwriting decision" means any of the following actions with respect to insurance transactions involving life, health, or disability insurance coverage that is individually underwritten: (a) A declinati…

Ohio Rev. Code Ann. § 3904.02 Applicability of chapter

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(A) The obligations of sections 3904.01 to 3904.22 of the Revised Code apply to those insurance institutions, agents, or insurance support organizations that, on or after the effective date of these sections, do either of the following:(1) Collect, receive, or maintain informatio…

Ohio Rev. Code Ann. § 3904.03 Pretext interviews

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No insurance institution, agent, or insurance support organization shall use or authorize the use of pretext interviews to obtain information in connection with an insurance transaction. However, a pretext interview may be undertaken to obtain information from a person or institu…

Ohio Rev. Code Ann. § 3904.04 Institution or agent to provide notice of information practices to applicants and policyholders

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(A) An insurance institution or agent shall provide a notice of information practices to all applicants or policyholders in connection with insurance transactions as provided below:(1) In the case of an application for insurance, a notice shall be provided no later than one of th…

Ohio Rev. Code Ann. § 3904.05 Marketing or research questions

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An insurance institution or agent shall clearly specify those questions designed to obtain information solely for marketing or research purposes from an individual in connection with an insurance transaction.

Ohio Rev. Code Ann. § 3904.06 Disclosure authorization form

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No insurance institution, agent, or insurance support organization shall use as its disclosure authorization form in connection with insurance transactions a form or statement that authorizes the disclosure of personal or privileged information about an individual to the insuranc…

Ohio Rev. Code Ann. § 3904.07 Investigative consumer report

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(A) No insurance institution, agent, or insurance support organization may prepare or request an investigative consumer report about an individual in connection with an insurance transaction involving an application for insurance, a policy renewal, a policy reinstatement, or a ch…

Ohio Rev. Code Ann. § 3904.08 Written request for access to recorded personal information

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(A) If any individual, after proper identification, submits a written request to an insurance institution, agent, or insurance support organization for access to recorded personal information about the individual that is reasonably described by the individual and reasonably locat…

Ohio Rev. Code Ann. § 3904.09 Correction, amendment or deletion of information

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(A) Within thirty business days from the date of receipt of a written request from an individual to correct, amend, or delete any recorded personal information about the individual within its possession, an insurance institution, agent, or insurance support organization shall do …

Ohio Rev. Code Ann. § 3904.10 Written reason for adverse underwriting decision summary of rights

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(A) In the event of an adverse underwriting decision, the insurance institution or agent responsible for the decision shall provide the applicant, policyholder, or individual proposed for coverage with the specific reason or reasons for the adverse underwriting decision in writin…

Ohio Rev. Code Ann. § 3904.11 Inquiry concerning previous adverse underwriting decision

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No insurance institution, agent, or insurance support organization may seek information in connection with an insurance transaction concerning any previous adverse underwriting decision experienced by an individual, unless such inquiry also requests the reasons for any previous a…

Ohio Rev. Code Ann. § 3904.12 Prohibited bases for adverse underwriting decision

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No insurance institution or agent may base an adverse underwriting decision in whole or in part on either of the following:(A) On the fact of a previous adverse underwriting decision. However, an insurance institution or agent may base an adverse underwriting decision on further …

Ohio Rev. Code Ann. § 3904.13 Disclosure of personal or privileged information

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No insurance institution, agent, or insurance support organization shall disclose any personal or privileged information about an individual collected or received in connection with an insurance transaction, unless the disclosure is made pursuant to any of the following: (A) With…

Ohio Rev. Code Ann. § 3904.14 Obtaining information under false pretenses

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(A) No person shall knowingly obtain information under false pretenses about an individual from an insurance institution, agent, or insurance support organization.(B) Whoever violates division (A) of this section is guilty of a felony of the fourth degree.

Ohio Rev. Code Ann. § 3904.15 Superintendent may examine and investigate conduct

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(A) The superintendent of insurance may examine and investigate into the affairs of every insurance institution or agent doing business in this state to determine whether the insurance institution or agent has been or is engaged in any conduct in violation of sections 3904.01 to …

Ohio Rev. Code Ann. § 3904.16 Superintendent to issue and serve statement of charges and notice of hearing

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(A) Whenever the superintendent of insurance has reason to believe that an insurance institution, agent, or insurance support organization has been or is engaged in conduct in this state that violates sections 3904.01 to 3904.22 of the Revised Code, or if the superintendent belie…

Ohio Rev. Code Ann. § 3904.17 Organization transacting business outside state - superintendent of insurance to accept service of process

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For the purpose of sections 3904.01 to 3904.22 of the Revised Code, an insurance support organization transacting business outside this state that has an effect on a person residing in this state is deemed to have appointed the superintendent of insurance to accept service of pro…

Ohio Rev. Code Ann. § 3904.18 Cease and desist order or report finding no violation - petition for review

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(A) If, after a hearing pursuant to section 3904.16 of the Revised Code, the superintendent of insurance determines that the insurance institution, agent, or insurance support organization charged has engaged in conduct or practices in violation of sections 3904.01 to 3904.22 of …

Ohio Rev. Code Ann. § 3904.19 Penalties for knowing violation or violation of cease and desist order

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(A) In any case where a hearing pursuant to section 3904.16 of the Revised Code results in the finding of a knowing violation of sections 3904.01 to 3904.22 of the Revised Code, the superintendent of insurance may, in addition to the issuance of a cease and desist order as prescr…

Ohio Rev. Code Ann. § 3904.20 Review of order or report of superintendent by court of common pleas

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(A) Any person subject to an order of the superintendent of insurance under section 3904.19 of the Revised Code, or any person whose rights under sections 3904.01 to 3904.22 of the Revised Code were allegedly violated, may obtain a review of any order or report of the superintend…

Ohio Rev. Code Ann. § 3904.21 Action by person whose rights are violated

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(A) If any insurance institution, agent, or insurance support organization fails to comply with section 3904.08, 3904.09, or 3904.10 of the Revised Code with respect to the rights granted under such section, any person whose rights are violated may apply to the appropriate common…

Ohio Rev. Code Ann. § 3904.22 Authorized disclosures of personal or privileged information - immunity

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No cause of action in the nature of defamation, invasion of privacy, or negligence shall arise against any person for disclosing personal or privileged information in accordance with sections 3904.01 to 3904.22 of the Revised Code, nor shall such a cause of action arise against a…

Ohio Rev. Code Ann. § 3905.01 Insurance producers licensing act definitions

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As used in this chapter:(A) "Affordable Care Act" means the "Patient Protection and Affordable Care Act," 124 Stat. 119, 42 U.S.C. 18031 (2011).(B) "Business entity" means a corporation, association, partnership, limited liability company, limited liability partnership, or other …

Ohio Rev. Code Ann. § 3905.02 License required

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No person shall sell, solicit, or negotiate insurance in this state unless the person is licensed for that line of authority in accordance with this chapter.

Ohio Rev. Code Ann. § 3905.03 Exceptions to licensing requirement

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(A) Section 3905.02 of the Revised Code does not apply to any of the following:(1) Any insurer. For purposes of this division, "insurer" does not include an insurer's officers, directors, employees, subsidiaries, or affiliates.(2) Any officer, director, or employee of an insurer …

Ohio Rev. Code Ann. § 3905.04 Written examination of applicant for agent license

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(A) Except as otherwise provided in this section or in section 3905.041 of the Revised Code, a resident individual applying for an insurance agent license for any of the lines of authority described in division (B) of this section shall take and pass a written examination prior t…