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Title 39 | Insurance
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Section 3937.23 | Prohibiting increase in cost when insured not at fault involved in accident with uninsured motorist.

...No insurer shall increase the cost of a private passenger automobile insurance policy based on the insured's involvement in a motor vehicle accident with an uninsured or underinsured motorist, when both of the following apply: (A) The insured's action is not a proximate cause of any loss, damage, injury, or death arising out of the accident; (B) The insured has not been convicted of, pleaded guilty to, or pleaded n...

Section 3937.25 | Grounds for cancellation.

... (A) As used in sections 3937.25 to 3937.29 of the Revised Code, "medical malpractice insurance" means insurance coverage against the legal liability of the insured for loss, damage, or expense arising from a medical, optometric, or chiropractic claim, as those claims are defined in section 2305.113 of the Revised Code. (B) After a policy of commercial property insurance, commercial fire insurance, or commercial cas...

Section 3937.26 | Notice of nonrenewal of policy - contents.

...(A) An insurer may refuse to renew a policy of commercial property insurance, commercial fire insurance, or commercial casualty insurance other than fidelity or surety bonds, medical malpractice insurance, and automobile insurance as defined in section 3937.30 of the Revised Code, by mailing to the insured, at the insured's last known address, at least thirty days prior to the date of the expiration date of the polic...

Section 3937.27 | Renewal conditioned upon substantial increase in premium - notice.

...(A) An insurer who intends to condition renewal of a policy of commercial property insurance, commercial fire insurance, or commercial casualty insurance other than fidelity and surety bonds, medical malpractice insurance, and automobile insurance as defined in section 3937.30 of the Revised Code, upon a substantial increase in premium shall mail a notice of such intention to the agent of record and to the insured, a...

Section 3937.28 | Contents of cancellation notice.

... (A) A notice of cancellation of a policy of medical malpractice insurance shall not be issued by any licensed insurer unless it is based on one of the following grounds: (1) Nonpayment of premium; (2) Discovery of fraud or material misrepresentation in the procurement of the insurance or with respect to any claims submitted thereunder; (3) Discovery of a moral hazard or willful or reckless acts or omissions on th...

Section 3937.29 | Notice of intent to terminate all policies.

...(A) An insurer that intends to cancel, terminate, or otherwise not renew all policies of medical malpractice insurance that it has issued to any class, type, or specialty of practitioner, or that intends to cancel, terminate, or otherwise not renew all policies of medical malpractice insurance in a specific geographic area, which may include the state as a whole, shall file written notice of its intended action with ...

Section 3937.30 | Automobile insurance policy defined.

...(A) As used in sections 3937.30 to 3937.39 of the Revised Code, "automobile insurance policy" means an insurance policy delivered or issued in this state or covering a motor vehicle required to be registered in this state which: (1) Provides automobile bodily injury or property damage liability, or related coverage, or any combination thereof; (2) Insures as named insured, any of the following: (a) Any one pe...

Section 3937.31 | Policy period or guaranteed renewable successive policy periods.

...(A) Every automobile insurance policy shall be issued for a period of not less than one year or guaranteed renewable for successive policy periods totaling not less than one year. Where renewal is mandatory, "cancellation," as used in sections 3937.30 to 3937.39 of the Revised Code, includes refusal to renew a policy with at least the coverages, included insureds, and policy limits provided at the end of the ne...

Section 3937.32 | Notice of cancellation.

...(A) No cancellation of an automobile insurance policy is effective, unless it is pursuant to written notice to the insured of cancellation. Such notice shall contain: (1) The policy number; (2) The date of the notice; (3) The effective date of cancellation of the policy, which shall not be earlier than thirty days following the date of the notice; (4) An explanation of the reason for cancellation and the informat...

Section 3937.33 | Cancellation procedure.

...An insurer may cancel an automobile insurance policy at such time prior to its expiration for such reasons as may be permitted by section 3937.31 of the Revised Code, by mailing to the insured, at the insured's last known address appearing on the insurer's records, a notice of cancellation pursuant to section 3937.32 of the Revised Code. If such notice of cancellation, for a reason other than nonpayment of prem...

Section 3937.34 | Notice of nonrenewal of policy - contents.

...An insurer may refuse to renew an automobile insurance policy by mailing to the insured, at the insured's last known address appearing on the insurer's records, and at least thirty days prior to the date of expiration of the policy, a notice of the insurer's intention not to renew the policy. Such notice shall contain: (A) The policy number; (B) The date of the notice; (C) The effective date of expiration; ...

Section 3937.35 | Cancellation review by superintendent of insurance.

...Upon receipt of a notice of cancellation given pursuant to section 3937.33 of the Revised Code at any time prior to the effective date of cancellation of an automobile insurance policy, the insured may apply in writing to the superintendent of insurance for review of such cancellation. If the superintendent finds that there is cause to believe that such cancellation is based on erroneous information, or is cont...

Section 3937.36 | Immunity.

...There is no liability on the part of, and no cause of action of any nature shall arise against, the superintendent of insurance, any insurer, or any person furnishing information requested by the superintendent, an insurer, the agent, employee, attorney, or other authorized representative of any such persons, for any oral or written statement made to supply information relevant to a determination on cancellation or n...

Section 3937.37 | Prohibiting requirement of disclosure.

...No insurer on its application for an automobile insurance policy shall require the applicant to disclose any refusal or cancellation of automobile insurance other than a cancellation in accord with section 3937.31 of the Revised Code, and according to the procedure required in sections 3937.32 and 3937.33 of the Revised Code.

Section 3937.38 | Prohibiting failure to renew because of age.

...No insurer shall fail to renew an automobile insurance policy solely because of the age attained by the insured.

Section 3937.39 | Prohibiting discrimination.

...No insurer shall cancel, or refuse to write or renew, any automobile insurance policy solely on the basis of national origin, creed, or race of the insured or applicant.

Section 3937.41 | Prohibiting consideration of work-related accidents.

... (A) As used in this section: (1) "Ambulance" has the same meaning as in section 4765.01 of the Revised Code and also includes private ambulance companies under contract to a municipal corporation, township, or county. (2) "Emergency vehicle" means any of the following: (a) Any vehicle, as defined in section 4511.01 of the Revised Code, that is an emergency vehicle of a municipal, township, or county departmen...

Section 3937.411 | Tickets for civil violations.

...No insurer shall consider the issuance of a ticket for a civil violation under section 4511.097 of the Revised Code to an applicant or policyholder, or an admission or finding of liability related to such a ticket, as a basis for doing either of the following: (A) Refusing to issue or deliver a policy of insurance upon a private automobile or increasing the rate to be charged for such a policy; (B) Increasing the p...

Section 3937.42 | Cooperation in investigating fraudulent claims.

...(A) The chief or head law enforcement officer of any federal, state, or local law enforcement agency or a prosecuting attorney of any county may request any insurance company, or agent authorized by the company to act on its behalf, that has investigated or is investigating a claim involving motor vehicle insurance or vessel insurance to release any information in its possession relevant to the claim. The company or ...

Section 3937.43 | Reduction in premium charges for insureds over 60 completing motor vehicle accident prevention course.

...(A) As used in this section: (1) "Automobile insurance policies" has the same meaning as in section 3937.30 of the Revised Code. (2) "Moving violation" means any violation of any statute or ordinance that regulates the operation of vehicles, streetcars, or trackless trolleys on highways or streets or that regulates size or load limitations or fitness requirements of vehicles. "Moving violation" does not include the...

Section 3937.44 | All claims resulting from one person's bodily injury subject to limit of policy applicable to bodily injury.

...Any liability policy of insurance including, but not limited to, automobile liability or motor vehicle liability insurance that provides a limit of coverage for payment for damages for bodily injury, including death, sustained by any one person in any one accident, may, notwithstanding Chapter 2125. of the Revised Code, include terms and conditions to the effect that all claims resulting from or arising out of any on...

Section 3937.45 | Prohibiting consideration of vehicle weight violations.

...(A) No insurer shall consider the circumstance that an applicant or policyholder has been convicted of any violation of the weight provisions of Chapter 5577. of the Revised Code, or a substantially similar municipal ordinance relating to vehicle weight as a basis for doing either of the following: (1) Refusing to issue or deliver a policy of insurance upon a private automobile, or increasing the rate to be charged ...

Section 3937.46 | Applicability of intrafamily liability exclusion against owner or operator of motor vehicle in action for wrongful death.

... (A) An intrafamily liability exclusion shall not apply or be enforced by an insurer against the owner or operator of a motor vehicle in a claim or in a suit for damages made against the owner or operator under Chapter 2125. of the Revised Code. (B) The prohibition included in division (A) of this section does not apply if both of the following conditions are met: (1) The policy providing the liability covera...

Section 3937.47 | Cancellation of personal lines insurance.

... (A) As used in this section, "personal lines insurance" means any policy of insurance issued to a natural person for personal or family protection, including basic property, dwelling fire, homeowner's, tenant's, inland marine, personal liability, and personal umbrella liability coverage. (B) When the reason for cancellation of a personal lines insurance policy is nonpayment of premium, the effective date of cance...

Section 3937.99 | Penalty.

...(A) Whoever purposely violates sections 3937.01 to 3937.17 of the Revised Code shall be fined not more than five hundred dollars. (B) Whoever violates division (I) of section 3937.42 of the Revised Code is guilty of a misdemeanor of the fourth degree.

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...