Ohio Revised Code Search
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Section 3951.07 | Suspending or revoking certificate of authority.
...mpetency or untrustworthiness to act as public insurance adjuster; (E) Obtained from any claimant an assignment of a claim. Before the superintendent revokes, suspends, or refuses to issue any certificate of authority, written notice of the grounds therefor and the time and place of the hearing must be given to the applicant. Full opportunity shall be given at such hearing to the person, firm, association, partners... |
Section 3951.08 | No advice constituting practice of law.
...y shall make any misrepresentations of facts or advise any insured or insurer on any question of law or perform any service constituting the practice of law, nor shall any such holder of a certificate of authority in handling a claim, advise any insured or insurer to refrain from retaining counsel to protect his or its interests. |
Section 3951.09 | Waiving of examination for applicant licensed in another state.
... Chapter 4796. of the Revised Code as a public insurance adjuster in a state that does not issue that license or certificate. |
Section 3951.10 | Effect of child support default on certificate.
...On receipt of a notice pursuant to section 3123.43 of the Revised Code, the superintendent of insurance shall comply with sections 3123.41 to 3123.50 of the Revised Code and any applicable rules adopted under section 3123.63 of the Revised Code with respect to a certificate issued pursuant to this chapter. |
Section 3951.99 | Penalty.
... a certificate of authority to act as a public insurance adjuster, who adjusts any insurance losses without previously having obtained the required certificate of authority or who adjusts any insurance loss after his, or its, certificate of authority has been revoked, shall be fined not less than one hundred nor more than five hundred dollars for each loss adjusted without such certificate of authority. (B) The pena... |
Section 3955.01 | Definitions.
...ownership of voting securities, by contract other than a commercial contract for goods or nonmanagement services, or otherwise, unless the power is the result of an official position with, or corporate office held by, the person. "Control" shall be presumed to exist if any person, directly or indirectly, owns, controls, holds with the power to vote, or holds proxies representing, ten per cent or more of the voting s... |
Section 3955.02 | Citing act.
...the Ohio insurance guaranty association act. |
Section 3955.03 | Purposes of chapter.
...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 insurer, assist in the detection and prevention of insurer insolvencies, and provide an association to assess the cost of such protection am... |
Section 3955.04 | Liberal construction of chapter.
...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. |
Section 3955.05 | Nonapplicability to certain kinds of insurance.
...r arising out of a creditor-debtor transaction; (D) Mortgage guaranty, financial guaranty, residual value, or other forms of insurance offering protection against investment risks; (E) Ocean marine insurance; (F) Any insurance provided by or guaranteed by government, including, but not limited to, any department, board, office, commission, agency, institution, or other instrumentality or entity of any branch of st... |
Section 3955.06 | Ohio insurance guaranty association.
... a condition of their authority to transact insurance in this state. The association shall perform its functions under a plan of operation established and approved under section 3955.09 of the Revised Code and shall exercise its powers through a board of directors established under section 3955.07 of the Revised Code. (B) For purposes of administration and assessment, the association shall be divided into two... |
Section 3955.061 | Ohio insurance guaranty association records confidential; exceptions.
...ing 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 section does not apply to the plan of operation required under section 3955.09 of the Revised Code and other information required to be filed with the superintendent of insurance under this chapter unless otherwise prohibited fr... |
Section 3955.07 | Board of directors.
...(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 the superintendent. Vacancies on the board shall be filled for the remaining period of the term by the unanimous vote of the remaining directo... |
Section 3955.08 | Association powers and duties.
...hich such insurer is authorized to transact insurance. The association may waive an assessment of any insurer if such assessment does not exceed ten dollars. If the balance of funds in any account, established pursuant to this section and section 3955.06 of the Revised Code, is in excess of amounts needed to pay all obligations chargeable to that account, the board of directors may authorize the transfer of such exce... |
Section 3955.09 | Plan of operation and amendments.
...ecords to be kept of all financial transactions of the association, its agents, and the board of directors; (7) Provide that any member insurer aggrieved by any final action or decision of the association may appeal to the superintendent within thirty days after the action or decision; (8) Establish the procedures whereby selections for the board of directors shall be submitted to the superintendent; (9) Contain a... |
Section 3955.10 | Superintendent of insurance - powers and duties.
...arties will become acquainted with the facts shall be sufficient. (2) Suspend or revoke, after notice and hearing under Chapter 119. of the Revised Code, the certificate of authority to transact insurance in this state of any member insurer which fails to pay an assessment when due or to comply with the plan of operation. The superintendent, in lieu of such suspension or revocation, may levy a penalty on any member ... |
Section 3955.12 | Subrogation of association - recovery against insolvent insurers.
... the association shall have no cause of action against the insured of the insolvent insurer for any sums the association has paid out. (B)(1) The association has the right to recover from the following insureds or persons the amount of any covered claim paid to or on behalf of those insureds or persons: (a) Any insured who is not a resident of this state at the time of the insured event, except for first-party clai... |
Section 3955.13 | Exhausting rights under other policy.
...(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 of the Revised Code shall be reduced by the amount of such recovery. (B) Any person having a claim which may be recovered against more tha... |
Section 3955.14 | Aiding detection and prevention of insurer insolvencies.
...c. These recommendations are not public records. (B) At the conclusion of any domestic insurer insolvency in which the association was obligated to pay covered claims, the board may prepare a report, based on the information available to the association, on the history and causes of the insolvency. The board shall submit to the superintendent any report prepared pursuant to this division. |
Section 3955.15 | Examination and regulation by superintendent - annual financial report.
...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 calendar year. |
Section 3955.16 | Exemption from fees and taxation.
...The Ohio insurance guaranty association is exempt from payment of all fees and taxes levied by this state or any of its subdivisions. |
Section 3955.17 | Rates - factors and calculation.
...gned to recover any amounts paid to the Ohio insurance guaranty association by a member insurer as an assessment under division (A)(3) of section 3955.08 of the Revised Code from sources other than such fund. (B) The rates subject to section 3935.03 or 3937.02 of the Revised Code may include an amount necessary to recoup assessments paid or payable to the Ohio insurance guaranty association made pursuant to division... |
Section 3955.18 | Immunity.
...l 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 the office of the deputy liquidator and its employees, for any act or omission in the performance of their powers and duties under sections 3955.01 to 3955.19 of the Revised Code. |
Section 3955.19 | Staying pending proceedings involving insolvent insurers.
...ty 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 thereafter as may be determined by the court in which the proceedings are pending or with jurisdiction over the proceedings, from the date the insolvency is determined or an ancillary proceeding is... |
Section 3963.01 | Health care contracts definitions.
...that has ownership or control of a contracting entity, is owned or controlled by a contracting entity, or is under common ownership or control with a contracting entity. (B) "Basic health care services" has the same meaning as in division (A) of section 1751.01 of the Revised Code, except that it does not include any services listed in that division that are provided by a pharmacist or nursing home. (C) "Covered ... |