Ohio Revised Code Search
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Section 3964.1710 | Incorporation of other insurance companies as captive cell; approval of superintendent.
...grounds that the incorporation, or the terms of the incorporation, unfairly prejudice the interests of the participant. (2) Such a petition shall be made within thirty days after an application has been made under division (B) of this section. (E) The operation of division (B)(2) of this section shall not be regarded as any of the following: (1) A breach of contract; (2) A breach of any contractual provision ... |
Section 3964.18 | Liquidation.
...company that is being liquidated, may determine, in accordance with this chapter, if a liability of the protected cell captive insurance company shall be satisfied by its general assets, by the cell assets of a specific protected cell of the protected cell captive insurance company, or by a combination of those assets. (F) Notwithstanding any statutory provision or rule of law to the contrary, in the dispositi... |
Section 3964.19 | Contracts of assumption of risk or indemnification; permissible commercial activities.
...act, in accordance with the transaction terms, and pursuant to this section. This includes situations where the securitization proceeds are held in trust to secure the obligations of the special purpose financial captive insurance company under one or more special purpose financial captive insurance company contracts. (4) "Organizational document" means the special purpose financial captive insurance company's arti... |
Section 3964.191 | Grounds for rehabilitation or liquidation.
...(A) Notwithstanding the provisions of sections 3903.01 to 3903.59 of the Revised Code, the superintendent may apply to the court of common pleas of Franklin county for an order authorizing the superintendent to rehabilitate or liquidate a special purpose financial captive insurance company domiciled in this state on one or both of the following grounds: (1) There has been embezzlement, wrongful sequestration,... |
Section 3964.193 | Confidentiality of information.
...(A) Except as otherwise provided in this section, documents and information submitted by a company pursuant to sections 3964.19 to 3964.194 of the Revised Code are not subject to section 149.43 of the Revised Code, and are confidential, and may not be disclosed by the superintendent or any employee of the department of insurance without the written consent of the company. (B) Such documents and information m... |
Section 3964.194 | Counterparties; credit for reinsurance ceded to special purpose financial captive insurance company that is a subsidiary or affiliate of the counterparty.
...de at least equal to the reserves as determined under the basis elected under division (E) of section 3964.03 of the Revised Code for the reinsurance are held directly by the ceding counterparty or in trust on behalf of the ceding counterparty, as security for payment of the obligations under the reinsurance contract with the reinsuring special purpose financial captive insurance company. (B) Such funds shal... |
Section 3964.20 | Foreign companies.
...A captive insurance company organized under the laws of another state or jurisdiction may become a domestic captive insurance company pursuant to section 3913.40 of the Revised Code after complying with all the requirements of this chapter relative to the organization and formation of a domestic captive insurance company. |
Section 3964.21 | Rules.
...The superintendent may adopt rules in accordance with Chapter 119. of the Revised Code as are reasonably necessary for the implementation and operation of this chapter. |
Section 3965.01 | Definitions.
...ium created by or derived from a health care provider or a consumer, that can be used to identify a particular consumer, and that relates to any of the following: (a) The past, present, or future physical, mental, or behavioral health or condition of the consumer or a member of the consumer's family; (b) The provision of health care to the consumer; (c) Payment for the provision of health care to the consumer. ... |
Section 3965.02 | Information security program.
...ossession, custody, or control; (2) Determine which of the following security measures are appropriate and implement such security measures: (a) Place access controls on information systems, including controls to authenticate and permit access only to authorized individuals, to protect against the unauthorized acquisition of nonpublic information; (b) Identify and manage the data, personnel, devices, systems, a... |
Section 3965.03 | Investigation of events.
...h of the following as possible: (1) Determine whether a cybersecurity event has occurred; (2) Assess the nature and scope of the cybersecurity event; (3) Identify any nonpublic information that may have been involved in the cybersecurity event; (4) Perform or oversee reasonable measures to restore the security of the information systems compromised in the cybersecurity event in order to prevent further unauth... |
Section 3965.04 | Notification to superintendent.
...rance as promptly as possible after a determination that a cybersecurity event involving nonpublic information in the possession of the licensee has occurred, but in no event later than three business days after that determination, when either of the following criteria has been met: (1) Both of the following apply: (a) This state is the licensee's state of domicile, in the case of an insurer, or this state is the... |
Section 3965.05 | Powers of superintendent.
...e into the affairs of any licensee to determine whether the licensee has been or is engaged in any conduct in violation of this chapter. This power is in addition to the powers that the superintendent has under Title XXXIX and Chapters 1739. and 1751. of the Revised Code. (B) Whenever the superintendent has reason to believe that a licensee has been or is engaged in conduct in this state that violates this chapter,... |
Section 3965.06 | Confidentiality.
...(A)(1) Any documents, materials, or other information in the control or possession of the department of insurance that are furnished pursuant to divisions (H)(1) and (I) of section 3965.02 and divisions (B)(1)(b), (c), (d), (e), (h), (j), and (k) of section 3965.04 of the Revised Code, or that are obtained by, created by, or disclosed to the superintendent of insurance in an investigation or examination pursuant to s... |
Section 3965.07 | Exemptions.
...(A) A licensee is exempt from the requirements of section 3965.02 of the Revised Code if it meets any of the following criteria: (1) The licensee has fewer than twenty employees. (2) The licensee has less than five million dollars in gross annual revenue. (3) The licensee has less than ten million dollars in assets, measured at the end of the licensee's fiscal year. (B)(1) A licensee subject to and in complia... |
Section 3965.08 | Affirmative defense.
...(A) A licensee that satisfies the provisions of this chapter shall be entitled to an affirmative defense to any cause of action sounding in tort that is brought under the laws of this state or in the courts of this state and that alleges that the failure to implement reasonable information security controls resulted in a data breach concerning nonpublic information. (B) The affirmative defenses permitted under this... |
Section 3965.09 | Applicability and scope of chapter.
...Notwithstanding any other provision of law, the provisions of this chapter and any rules adopted pursuant to this chapter constitute the exclusive state standards and requirements applicable to licensees regarding cybersecurity events, the security of nonpublic information, data security, investigation of cybersecurity events, and notification to the superintendent of cybersecurity events. |
Section 3965.10 | Adoption of rules.
...The superintendent of insurance, pursuant to Chapter 119. of the Revised Code, may adopt rules as necessary to carry out the provisions of this chapter. |
Section 3965.11 | Administration.
...The superintendent of insurance shall consider the nature, scale, and complexity of licensees in administering this chapter and adopting rules pursuant to this chapter. |
Section 3970.01 | Definitions.
...ociated with medical advice, diagnosis, care, or treatment provided by a veterinarian, including the cost of drugs prescribed by a veterinarian. (J) "Waiting period" means a period of time specified in a pet insurance policy that is required to elapse before some or all of the coverage in the policy begins. (K) "Wellness program" means a subscription- or reimbursement-based program that is separate from a pet ins... |
Section 3970.02 | Scope and purpose.
...(A) The purpose of this chapter is to promote the public welfare by creating a comprehensive legal framework within which pet insurance may be sold, issued, and delivered in this state. (B) The requirements of this chapter apply to pet insurance policies that are: (1) Issued to any resident of this state; (2) Sold, solicited, or negotiated in this state; (3) Delivered or issued for delivery in this state. (... |
Section 3970.03 | Limitations and exclusions.
...et insurance policy includes any of the terms defined in section 3970.01 of the Revised Code, those terms shall have the same meaning prescribed by that section, and the policy shall restate the definition of each such term. The pet insurer shall also make the definition available through a clear and conspicuous link on the main page of the pet insurer's or pet insurer's program administrator's publicly accessible we... |
Section 3970.04 | Disclosures.
...s or formula on which the pet insurer determines claim payments under the policy. This information shall also be posted through a clear and conspicuous link on the main page of the pet insurer's or pet insurer's program administrator's publicly accessible web site. (D) A pet insurer that uses a benefit schedule to determine claim payment under a pet insurance policy shall do both of the following: (1) Clearly dis... |
Section 3970.05 | Policy conditions.
...(A) A pet insurance policy may exclude coverage on the basis of one or more preexisting conditions so long as the pet insurer discloses the exclusion as required by section 3970.04 of the Revised Code. The pet insurer has the burden of proving that the preexisting condition exclusion applies to the condition for which a claim is made. (B) A condition for which coverage is afforded under a pet insurance policy shall... |
Section 3970.06 | Wellness programs.
...ld by a pet insurer or agent; (3) The terms and conditions for the wellness program shall be separate from any pet insurance sold by the pet insurer or agent; (4) The products or coverage available through the wellness program shall not duplicate products or coverage available through the pet insurance; (5) The advertising of the wellness program shall not be misleading and shall comply with division (C)(6) of ... |