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Title 39 | Insurance
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Section 3965.03 | Investigation of events.

... (A) If a licensee learns that a cybersecurity event has or may have occurred, the licensee or an outside vendor or service provider designated to act on behalf of the licensee shall conduct a prompt investigation. (B) During the investigation, the licensee or an outside vendor or service provider designated to act on behalf of the licensee shall, at a minimum, do as much of the following as possible: (1) Determ...

Section 3965.04 | Notification to superintendent.

... (A) Each licensee shall notify the superintendent of insurance 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 o...

Section 3965.05 | Powers of superintendent.

... (A) The superintendent of insurance shall have power to examine and investigate 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 lice...

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...

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 compl...

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 th...

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.

... As used in this chapter: (A) "Chronic condition" means a condition that can be treated or managed, but not cured. (B) "Congenital anomaly or disorder" means a condition that is present from birth, whether inherited or caused by the environment, which may cause or contribute to illness or disease. (C) "Hereditary disorder" means an abnormality that is genetically transmitted from parent to offspring and may c...

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.

... (A) If a pet 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 ac...

Section 3970.04 | Disclosures.

... (A) A pet insurance policy shall include all of the following: (1) Disclosure of whether the pet insurance policy excludes coverage due to any of the following: (a) A preexisting condition; (b) A hereditary disorder; (c) A congenital anomaly or disorder; (d) A chronic condition. (2) Disclosure of whether the pet insurance policy excludes coverage for any reason other than those listed in division (A)(1) ...

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 shal...

Section 3970.06 | Wellness programs.

... (A) No pet insurer shall condition eligibility to purchase pet insurance on participation, or lack of participation, in a separate wellness program. (B) No pet insurer or agent shall market a wellness program as pet insurance. (C) If a wellness program is sold by a pet insurer, all of the following apply: (1) The purchase of the wellness program shall not be a requirement to purchase pet insurance; (2) The c...

Section 3970.07 | Pet insurer training.

... (A) No pet insurer shall sell, solicit, or negotiate a pet insurance product until after the agent is appropriately licensed and has completed the required training identified in division (C) of this section. (B) A pet insurer shall ensure that the pet insurer's agents are trained under division (C) of this section and have been appropriately trained on the coverage and conditions of its pet insurance products. ...

Section 3970.08 | Rules.

... The superintendent of insurance may adopt rules in accordance with Chapter 119. of the Revised Code for the purposes of administering and enforcing this chapter, which may include penalties for violations of this chapter.

Section 3999.02 | False statement by medical examiner of insurance company.

...No medical examiner for a life insurance company or for an applicant for insurance therein shall knowingly make a false statement or report to such company or to an officer thereof concerning the health or physical condition of an applicant for insurance, or other matter or thing affecting the granting of such insurance.

Section 3999.03 | Life insurance - official or agent issuing fraudulent policies.

...No trustee, officer, agent, or employee of a corporation, company, or association organized to transact the business of life or accident or life and accident insurance on the assessment plan shall knowingly insure a person, or permit him to be insured without that person's knowledge or consent, or insure a fictitious person, a person over sixty-five or under fifteen years of age, or a sickly or infirm person. No ph...

Section 3999.04 | Changing life insurance policy.

...No life insurance company doing business in this state, or an agent thereof, shall make a contract of insurance, or an agreement as to such contract, other than is plainly expressed in the policy issued thereon.

Section 3999.05 | Rebates and other inducements from life insurance companies.

...No life insurance company doing business in this state, or an officer, agent, solicitor, or representative thereof, shall pay, allow, or give, or offer to pay, allow, or give, directly or indirectly, as an inducement to insurance, a rebate of the premium payable on a policy, or a special favor or advantage in the dividends or other benefits to accrue thereon, or a paid employment or contract for services of any kind,...

Section 3999.07 | Sale or assignment of premium note before delivery of policy.

...No person, having accepted a premium note in payment of the purchase price of a policy of insurance, shall sell or assign such note prior to the delivery and acceptance of such policy.

Section 3999.08 | Misrepresentations in soliciting insurance.

...No person for himself or as an officer, director, agent, solicitor, or representative of any insurance company, except fire insurance companies or associations or fraternal benefit societies, doing business in this state, shall issue, circulate, or cause or permit to be issued or circulated any estimate, illustration, circular, or statement of any sort misrepresenting the terms of the policy issued or to be issued by...

Section 3999.09 | False or malicious statements about insurance company.

... No company doing business in this state, or any officer, director, clerk, employee, or agent thereof, shall make, orally or otherwise, publish, print, distribute, or circulate, or cause the same to be done, or aid, abet, or encourage the making, printing, publishing, distributing, or circulating of, any pamphlet, circular, article, literature, or statement of any kind which is defamatory of any insurance company doi...

Section 3999.10 | Misrepresentations in advertisement by insurance company.

...No insurance company, corporation, or association authorized to transact business in this state, or an agent thereof, by advertisement in a newspaper, magazine, or periodical or by a sign, circular, card, policy of insurance, certificate, or renewal thereof, or otherwise, shall state or represent that funds or assets are in its possession, not actually possessed by it and available for the payment of losses and claim...