Ohio Revised Code Search
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Section 3905.63 | Limits on business placed with controlled insurer by controlling producer.
...le business" includes the same lines of insurance, same kinds of insurance, same kinds of risks, similar policy limits, and similar quality of business. (h) The rates and terms of the producer's commissions, charges, or other fees and the purposes for the charges or fees. The rates of the commissions, charges, or other fees shall not be greater than those applicable to comparable business placed with the insurer by ... |
Section 3905.64 | Notice to prospective insured by controlling producer.
...ucer, prior to the effective date of an insurance policy, shall deliver a written notice to the prospective insured that fully and completely discloses the controlling relationship between the producer and the controlled insurer. If the business is placed through a subproducer that is not in control of the insurer, the subproducer shall provide to the producer a signed statement that the subproducer is aware of the c... |
Section 3905.65 | Remedies for noncompliance.
...(A)(1) If the superintendent of insurance believes that a controlling producer or any other person has not materially complied with sections 3905.61 to 3905.65 of the Revised Code, or with any rule or order adopted or issued thereunder, the superintendent may, pursuant to a hearing conducted in accordance with Chapter 119. of the Revised Code, order the controlling producer to cease placing business with the controll... |
Section 3905.71 | Managing general agent definitions.
...e. (C) "Laws of this state relating to insurance" has the same meaning as in section 3901.04 of the Revised Code. (D)(1) "Managing general agent" means any person that does all of the following: (a) Manages all or part of the insurance business of an insurer, including the management of a separate division, department, or underwriting office, or negotiates and binds ceding reinsurance contracts on behalf of an ins... |
Section 3905.72 | Managing general agent license requirement.
...on shall apply to the superintendent of insurance for a license. Except as otherwise provided in division (D) of this section, the application shall be in writing on a form provided by the superintendent and shall be sworn or affirmed before a notary public or other person empowered to administer oaths. The application shall be kept on file by the superintendent and shall include all of the following: (1) The name ... |
Section 3905.73 | Responsibilities of managing general agent.
... to its business. The superintendent of insurance shall have access to and the right to copy, in a form usable to the superintendent, all books, bank accounts, records, contracts, and other documents, including the contract required by division (A) of this section, of the managing general agent. (F) The managing general agent shall not assign the contract in whole or part. (G) The contract shall contain appropriate... |
Section 3905.74 | Independent financial examination of each managing general agent.
...orm acceptable to the superintendent of insurance, an independent financial examination of each managing general agent with which it has done business. (B) If a managing general agent establishes loss reserves, the insurer annually shall obtain the opinion of an actuary attesting to the adequacy of loss reserves established for losses incurred and outstanding on business produced by the managing general agent. This ... |
Section 3905.75 | Acts of agent deemed acts of insurer - examinations.
...(A) The acts of a managing general agent are deemed to be the acts of the insurer on whose behalf it is acting. (B) A managing general agent may be examined pursuant to section 3901.07 of the Revised Code as if it were the insurer. The managing general agent shall pay the expenses incurred in the conduct of the examination in accordance with section 3901.07 of the Revised Code. |
Section 3905.76 | Prohibition.
...No managing general agent, insurer, or other person shall violate, or fail to comply with, any provision of section 3905.72, 3905.73, 3905.74, or 3905.75 of the Revised Code. |
Section 3905.77 | Penalties for violations.
...(A) If the superintendent of insurance, after a hearing conducted in accordance with Chapter 119. of the Revised Code, finds a violation of section 3905.76 of the Revised Code, the superintendent may order any of the following: (1) For each separate violation committed by an insurer, managing general agent, or other person, a civil penalty in an amount of not more than one thousand dollars; (2) For a violation comm... |
Section 3905.78 | Rights not limited or restricted.
...Nothing in sections 3905.71 to 3905.79 of the Revised Code is intended, in any manner, to limit or restrict the rights of policyholders and claimants of any insurer on whose behalf a managing general agent is acting, or of auditors, accountants, examiners, or other persons that conduct examinations of insurers. |
Section 3905.79 | Rules.
...The superintendent of insurance may adopt rules in accordance with Chapter 119. of the Revised Code necessary to implement sections 3905.71 to 3905.79 of the Revised Code. |
Section 3905.81 | Reinsurance intermediary-broker or intermediary-manager license required - rules.
...(A) As used in this section: (1) "Reinsurance intermediary-broker" means a person, other than an officer or employee of the ceding insurer, that solicits, negotiates, or places reinsurance cessions or retrocessions on behalf of a ceding insurer without the authority or power to bind reinsurance on behalf of such insurer. (2)(a) "Reinsurance intermediary-manager" means a person that has authority to bind or that m... |
Section 3905.83 | Surety bail bond agent definitions.
..." means any domestic, foreign, or alien insurance company that has been issued a certificate of authority by the superintendent of insurance to transact surety business in this state. (B) "Managing general agent" means any person that is appointed or employed by an insurer to supervise or otherwise manage the bail bond business written in this state by surety bail bond agents appointed by the insurer. (C) "Surety" ... |
Section 3905.84 | Surety bail bond agent to be qualified, licensed, and appointed.
...No person shall act in the capacity of a surety bail bond agent, or perform any of the functions, duties, or powers prescribed for surety bail bond agents under sections 3905.83 to 3905.95 of the Revised Code, unless that person is qualified, licensed, and appointed as provided in those sections. |
Section 3905.841 | Persons or classes of persons not to act as agents.
...The following persons or classes of persons shall not act as surety bail bond agents or employees of a surety bail bond agent or bail bond business and shall not directly or indirectly receive any benefits from the execution of a bail bond, except as a principal: (A) Jailers or other persons employed in a detention facility, as defined in section 2921.01 of the Revised Code; (B) Prisoners incarcerated in any ... |
Section 3905.85 | Surety bail bond agent license.
...ner prescribed by the superintendent of insurance. The application shall be accompanied by a one-hundred-fifty-dollar fee and a statement that gives the applicant's name, age, residence, present occupation, occupation for the five years next preceding the date of the application, and such other information as the superintendent may require. (2) An applicant for an individual resident license shall also submit to a ... |
Section 3905.851 | No imposition of local licensing fees.
...A surety bail bond agent qualified, licensed, and appointed in accordance with sections 3905.83 to 3905.95 of the Revised Code shall not be required to pay any licensing fee imposed by a political subdivision of this state to perform any of the functions, duties, or powers prescribed for surety bail bond agents under those sections. |
Section 3905.86 | Appointment of agent by insurer.
...appointment with the superintendent of insurance in the manner prescribed by the superintendent. All insurers shall pay to the superintendent a fee pursuant to division (A)(8) of section 3905.40 of the Revised Code for each such appointment when issued and for each continuance thereafter. Such an appointment, unless canceled by the insurer, may be continued in force past the thirtieth day of June next after its... |
Section 3905.861 | Extending appointments to affiliated agents.
...An insurer that appoints a surety bail bond agent who is a member of a business entity shall require that all other surety bail bond agents who are members of the same business entity be appointed to represent that insurer. |
Section 3905.862 | Expiration or cancellation of appointment; fee.
...Upon the expiration or cancellation of a surety bail bond agent's appointment, the agent shall not engage or attempt to engage in any activity requiring such an appointment. However, an insurer that cancels the appointment of a surety bail bond agent may authorize the agent to continue to attempt the arrest and surrender of a defendant for whom a bail bond had been written prior to the cancellation and to seek ... |
Section 3905.87 | Registration of agent with court clerks; list of court-registered surety bail bond agents.
...(A) A surety bail bond agent shall not file a bond in any court of this state unless the agent is licensed and appointed under sections 3905.83 to 3905.95 of the Revised Code and has registered with the clerk of that court pursuant to division (B) of this section, if registration is required by the court. (B) To register with a court, a surety bail bond agent shall file, with the clerk of the court, a copy of the ... |
Section 3905.88 | Continuing education.
...at is approved by the superintendent of insurance and shall include at least one hour of approved ethics training. (B) The superintendent shall not renew the license of any surety bail bond agent who fails to meet the requirements of division (A) of this section or whose application for renewal does not meet the requirements of section 3905.85 of the Revised Code. |
Section 3905.89 | Notice of change of principal business address or telephone number.
...Each person licensed under sections 3905.83 to 3905.95 of the Revised Code shall notify in writing the appropriate insurer or managing general agent, and the clerk of the court of common pleas of the county in which the licensee is registered, within thirty days after a change in the licensee's principal business address or telephone number. This notification requirement is in addition to the notification req... |
Section 3905.90 | Records of surety bonds to be maintained - furnishing of information.
... employee or agent of the department of insurance, or by any authorized representative of the insurer or managing general agent. The superintendent of insurance at any time may require the licensee to furnish to the department, in the manner and form that the superintendent requires, any information concerning the surety bond business of the licensee. |