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Title 39 | Insurance
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Section 3905.61 | Controlled insurers definitions.

...As used in sections 3905.61 to 3905.65 of the Revised Code: (A) "Accredited state" means a state in which the insurance department or regulatory agency has qualified as meeting the minimum financial regulatory standards promulgated and established from time to time by the national association of insurance commissioners. (B) "Captive insurer" means an insurer owned by another organization and whose exclusive purpose...

Section 3905.62 | Application of sections.

...(A) Sections 3905.61 to 3905.65 of the Revised Code apply to insurers either domiciled in this state or in a state that is not an accredited state and does not have in effect a substantially similar law. (B) Sections 3901.32 to 3901.37 of the Revised Code, to the extent they are not superseded by sections 3905.61 to 3905.65 of the Revised Code, apply to all persons within holding company systems that are subject to ...

Section 3905.63 | Limits on business placed with controlled insurer by controlling producer.

...(A) If, in any calendar year, the aggregate amount of gross written premium on business placed with a controlled insurer by a controlling producer is equal to or greater than five per cent of the admitted assets of the insurer, as reported in the insurer's quarterly statement filed as of the thirtieth day of September of the immediately preceding year, all of the following apply: (1) The controlled insurer shall not...

Section 3905.64 | Notice to prospective insured by controlling producer.

...Each controlling producer, 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 subprodu...

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.

...As used in sections 3905.71 to 3905.79 of the Revised Code: (A) "Actuary" means a person who is a member in good standing of the American academy of actuaries. (B) "Insurer" means any person licensed to do business in this state under Chapter 1751. or 1761. of the Revised Code or Title XXXIX of the Revised Code. (C) "Laws of this state relating to insurance" has the same meaning as in section 3901.04 of the Revise...

Section 3905.72 | Managing general agent license requirement.

... (A)(1) No person shall act as a managing general agent representing an insurer licensed in this state with respect to risks located in this state unless the person is licensed as a managing general agent pursuant to division (C) or (D) of this section. (2) No person shall act as a managing general agent representing an insurer organized under the laws of this state with respect to risks located outside this state ...

Section 3905.73 | Responsibilities of managing general agent.

...(A) No person acting in the capacity of a managing general agent shall place business with an insurer, unless there is in force a written contract between the parties that sets forth the responsibilities of each party, specifies the division of responsibilities where both parties share responsibility for a particular function, and contains at a minimum the substance of the requirements and conditions set forth in div...

Section 3905.74 | Independent financial examination of each managing general agent.

...(A) The insurer shall have on file, in a form 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 pro...

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 ...

Section 3905.83 | Surety bail bond agent definitions.

...As used in sections 3905.83 to 3905.95 of the Revised Code: (A) "Insurer" 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 ...

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.

...(A)(1) An individual who applies for a license as a surety bail bond agent shall submit an application for the license in a manner 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 oth...

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.

...(A) Any person licensed as a surety bail bond agent may be appointed by an insurer in accordance with this section. (B) To appoint a surety bail bond agent as its agent, an insurer shall file a notice of 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 Revise...

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.

... (A) Each individual who is issued a license as a resident surety bail bond agent shall complete at least seven hours of continuing education in each license renewal period. The continuing education shall be offered in a course or program of study related to the bail bond business that is approved by the superintendent of insurance and shall include at least one hour of approved ethics training. (B) The superintende...