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Title 39 | Insurance
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Section 3938.01 | Definitions.

... (A) This chapter may be cited as the "Certificates of Insurance Act." (B) As used in this chapter: (1) "Certificate of insurance" means a document or instrument, regardless of how titled or described, that is prepared or issued by an insurer or insurance agent licensed under Chapter 3905. of the Revised Code to verify the existence of property or casualty insurance coverage. "Certificate of insurance" includes ...

Section 3938.02 | Nature of certificate.

... A certificate of insurance is not a policy of insurance and does not affirmatively or negatively amend, extend, or alter the coverage afforded by the policy to which the certificate of insurance refers. A certificate of insurance shall not confer to any person new or additional rights beyond what the referenced policy of insurance expressly provides.

Section 3938.03 | Language prohibited.

... (A) A certificate of insurance shall not include language that does either of the following: (1) Is unfair, misleading, or deceptive or that violates public policy; (2) Violates any law or any rule adopted by the superintendent of insurance. (B) A certificate of insurance shall not guarantee that the policy of insurance referenced in the certificate complies with the requirements for a policy of property or c...

Section 3938.04 | False information; alteration of policy.

... No person shall do either of the following: (A) Prepare, issue, request, or require a certificate of insurance that contains any false or misleading information concerning the policy of insurance referenced in the certificate of insurance; (B) Prepare, issue, request, or require a certificate of insurance that affirmatively or negatively alters, amends, or extends the coverage provided by the policy of insuranc...

Section 3938.05 | Right to notice of cancellation or nonrenewal of insurance policy.

... A certificate holder shall be entitled to notice of cancellation or nonrenewal or any similar notice concerning a policy of insurance only if the certificate holder is named within the policy or any endorsement to the policy and the policy or endorsement requires notice to be provided to the certificate holder. The terms and conditions of the notice, including the required timing of the notice, are governed by th...

Section 3938.06 | Applicability of chapter.

...The provisions of this chapter shall apply to all certificates of insurance issued in connection with property and casualty risks located in this state, regardless of where the policyholder, insurer, insurance agent, or person requesting the certificate of insurance is located.

Section 3938.07 | Issuance in violation of chapter.

... A certificate of insurance that is issued in violation of this chapter shall be void.

Section 3938.08 | Violation; penalty.

... (A) No person shall fail to comply with sections 3938.01 to 3938.07 of the Revised Code. If the superintendent of insurance determines that any person has violated sections 3938.01 to 3938.07 of the Revised Code, the superintendent may take one or more of the following actions: (1) Issue an order requiring the person to cease and desist from the actions constituting the violation; (2) Assess a civil penalty n...

Section 3938.09 | Rules.

... The superintendent of insurance may adopt rules in accordance with Chapter 119. of the Revised Code as necessary to implement this chapter.

Section 3939.01 | Organizing mutual protective associations.

...(A) Any number of persons of lawful age, not less than ten in number, owning insurable property in this state, may associate themselves together for the purpose of insuring each other against the risk of direct physical loss or damage to property in this state, including theft of property in this state, except loss or damage to motor vehicles caused by collision. Any association organized under this section sha...

Section 3939.02 | Contents of certificate of incorporation.

...Persons forming an association under section 3939.01 of the Revised Code shall make and subscribe a certificate setting forth therein: (A) The name by which the association is to be known; (B) The place which is regarded as its center or business office; (C) The object of the association, which shall only be one or more of the objects set forth in section 3939.01 of the Revised Code, and the enforcement of any con...

Section 3939.03 | Filing of certificate.

...The certificate required by section 3939.02 of the Revised Code shall be filed in the office of the secretary of state. A copy thereof, certified by him, shall be evidence of the existence and incorporation of the association for the purposes therein named.

Section 3939.04 | Directors and officers.

...When the certificate required by section 3939.02 of the Revised Code has been filed with the secretary of state, and a certified copy forwarded to the association, the persons named therein shall elect their directors, president, secretary, treasurer, and other officers necessary for the complete performance of all the business and objects of the association, to serve for one year. Such officers thereafter shall be c...

Section 3939.05 | Powers of association.

...An association organized under section 3939.01 of the Revised Code shall be considered as a body corporate for all the purposes set forth in the certificate required by section 3939.02 of the Revised Code, and may sue and be sued, and plead and be impleaded, in all courts of law and equity, but in no instance shall the power to insure against losses by fire or tornadoes be exercised to other than members of such asso...

Section 3939.06 | Constitution and bylaws.

...Every association organized under section 3939.01 of the Revised Code shall adopt a constitution, whether designated a constitution, constitution and bylaws, regulations, or code of regulations, that in the judgment of its members best serves its interests and purposes. The constitution may include provisions set forth in section 1702.11 of the Revised Code.

Section 3939.07 | Information filed with superintendent of insurance.

...Before granting insurance, an association organized under section 3939.01 of the Revised Code shall file with the superintendent of insurance a copy of its articles of incorporation, certified by the secretary of state, a copy of its constitution adopted under section 3939.06 of the Revised Code, and forms of certificates of membership or insurance. If the superintendent finds that the association was properly organi...

Section 3939.08 | Renewal of certificate.

...Upon the filing of its annual statement by an association organized under section 3939.01 of the Revised Code, the superintendent of insurance, annually, shall issue to such association a renewal of the certificate issued under section 3939.07 of the Revised Code, if he finds that such association has complied with the law. For each such certificate and renewal every association shall pay five dollars to the superint...

Section 3939.09 | Annual statement.

...The president or vice-president and the secretary of every association organized under section 3939.01 of the Revised Code, annually on the first day of January or within sixty days after the first day of January, shall prepare under oath and deposit in the office of the superintendent of insurance a statement of the condition of the association on the thirty-first day of the preceding December, exhibiting the facts...

Section 3939.10 | Reorganization of mutual fire insurance associations as companies.

...Any mutual fire insurance association organized under section 3939.01 of the Revised Code, which is doing business and which has the number of policies and amount of insurance in force, and the amount of assets required, in order to organize a mutual fire insurance company, may reorganize as a mutual fire insurance company in the following manner: (A) The board of trustees of such association shall give notice of it...

Section 3939.11 | Financial capacity of mutual protective association.

...In determining the financial capacity of a mutual protective association organized under section 3939.01 of the Revised Code, the superintendent of insurance may take into consideration factors that include, but are not limited to, all of the following: (A) Any reinsurance arrangements of the association with authorized insurers in this state; (B) The amount of contracts or policies of insurance of the association ...

Section 3941.01 | Operation of mutual insurance company definitions.

...As used in sections 3941.01 to 3941.34, inclusive, of the Revised Code: (A) "Company" includes corporations and associations. (B) "Domestic" designates companies organized under the laws of this state. (C) "Foreign" designates companies organized under the laws of another state or territory. (D) "Alien" designates companies organized under the laws of any country other than the United States, or some state, provi...

Section 3941.02 | Organization of domestic mutual company - kinds of insurance transacted - licensing of agent.

...(A) A domestic mutual company may be organized by not less than twenty persons, to carry on the business of mutual insurance and to reinsure and to accept reinsurance as authorized by law and its articles of incorporation. Such persons shall execute articles of incorporation which, if not inconsistent with the constitution and laws of this state and of the United States, shall be approved by the attorney general and ...

Section 3941.03 | Amendment of articles.

...The articles of incorporation of a domestic mutual company may be amended at any meeting of members, thirty days' notice of which, and of the business to come before it, has been given by a majority of the directors in a newspaper published and of general circulation in the county where the company's principal place of business is located. Such amendment, if adopted by at least three-fifths vote of the members presen...

Section 3941.04 | Bond prerequisite to solicitation for insurance or acceptance of premiums.

...No domestic mutual company shall solicit applications for insurance, or accept premiums, until it has filed with the superintendent of insurance its bond, with sureties, in the sum of ten thousand dollars, conditioned upon the faithful accounting for all funds and property which it may receive or possess, or until it has procured the certificate of the superintendent approving such bond and the sureties thereon. The ...

Section 3941.05 | Legal existence of company - power of original incorporators - directors.

...A domestic mutual company has legal existence, subject to the limitations prescribed in sections 3941.01 to 3941.34 of the Revised Code, from the filing of its articles of incorporation with the secretary of state. The original incorporators may fix and call the first meeting and adopt bylaws which thereupon shall be filed with the superintendent of insurance, and may elect the first officers and directors who shall...