Ohio Revised Code Search

...No captive insurance company shall be required to join a rating organization.

...No captive insurance company shall be permitted to join or contribute financially to any plan, pool, association, or guaranty or insolvency fund in this state, nor shall any captive insurance company, or any insured or affiliate thereof, receive any benefit from any such plan, pool, association, or guaranty or insolvency fund for claims arising out of the operations of the captive insurance company.

... (A)(1) Not later than the second day of March of each year, a captive insurance company shall pay to the superintendent of insurance a fee computed in accordance with both of the following: (a) 0.35 per cent on its net direct premiums; (b) 0.15 per cent on revenue from assumed reinsurance premiums. (2) The annual minimum aggregate fee to be paid by a captive insurance company calculated under this division ...

...(A) Except as provided in this chapter, captive insurance companies shall be governed by this chapter and are exempt from all other provisions of the insurance laws of this state. No insurance law of this state shall apply to captive insurance companies unless captive insurance companies are expressly designated as being subject to the law or, with respect to a line of authority granted to a captive insurance c...

... (A) The superintendent may charge captive insurance companies for any of the following expenses incurred in carrying out this chapter: (1) The entire compensation for each day, or portion thereof, worked by all personnel, including those who are not employees of the department of insurance, in any of the following capacities: (a) The conduct of an examination, calculated at the rates provided in the financial ...

... (A) As used in sections 3964.17 to 3964.1710 of the Revised Code: (1) "Protected cell" means an incorporated cell that is organized pursuant to Chapter 1701., 1702., 1705., or 1706. of the Revised Code and that has a separate legal identity from the protected cell captive insurance company of which it is a part. (2) "Protected cell captive insurance company" means a captive insurance company that meets all of th...

... (A) A protected cell captive insurance company may create and issue shares in one or more classes for one or more protected cells. (1) The proceeds of the issue of shares for a specific protected cell shall be included in the assets of that protected cell. (2) The proceeds of the issue of shares that are not for a specific protected cell shall be included in the protected cell captive insurance company's g...

... (A) No sale, exchange, or other transfer of assets may be made by a protected cell captive insurance company between or among any of its protected cells without the written consent of the participants of the protected cell and the superintendent. (B)(1) No sale, exchange, transfer of assets, or distribution may be made from a protected cell to any person without the superintendent's prior written approval. ...

... (A) The owners of a protected cell captive insurance company, shall not, by virtue of being owners of the protected cell captive insurance company, be the owners or participants of any protected cell of the protected cell captive insurance company. (B) The participants of a protected cell shall not, by virtue of being such participants, be the owners of the protected cell captive insurance company or partic...

... (A) If a protected cell captive insurance company enters into a transaction with respect to a particular protected cell, or incurs a liability arising from an activity or asset of a particular protected cell, a claim by any person in connection with the transaction or liability extends only to the cell assets of the protected cell. (B) If a protected cell captive insurance company enters into a transaction ...

... If a protected cell captive insurance company is liable for any penalty, under this chapter or otherwise, due to an act or the failure to act of a protected cell or an officer or director of a protected cell, then both of the following apply: (A) The penalty shall only be met by the protected cell captive insurance company from the cell assets of the protected cell responsible. (B) The penalty shall not be ...

... The directors of a protected cell captive insurance company shall establish and maintain, or cause to be established and maintained, procedures to do all of the following: (A) Segregate cell assets and liabilities separate and separately identifiable from general assets and liabilities; (B) Segregate cell assets and liabilities of each protected cell separate and separately identifiable from cell assets and ...

... (A) If a protected cell captive insurance company enters into an agreement with respect to a protected cell of the protected cell captive insurance company, the directors shall ensure that both of the following are met: (1) The other party to the transaction knows, or ought reasonably to know, that the protected cell captive insurance company is acting with respect to a particular protected cell. (2) The mi...

... (A) A captive insurance company may amend its organizational document to become a protected cell captive insurance company. (B) The amendment of the organizational document of a captive insurance company to become a protected cell captive insurance company shall require approval by both of the following: (1) Holders of two-thirds of the outstanding shares or ownership interests of the captive insurance comp...

... (A) A protected cell of a protected cell captive insurance company may be transferred to another protected cell captive insurance company. (B) The protected cell captive insurance companies between which a protected cell is being transferred shall enter into a written agreement that sets forth the terms of the transfer. (C) A transfer of a protected cell shall be approved by the superintendent when all of t...

... (A) Any insurance company organized under Chapter 3925. of the Revised Code, and any captive insurance company that is not a protected cell captive insurance company, may become a protected cell of a protected cell captive insurance company, with the approval of the superintendent. (B)(1) A protected cell of a protected cell captive insurance company may apply to the superintendent to be incorporated as an i...

... (A) If a protected cell captive insurance company with one or more protected cells is being liquidated, the protected cell captive insurance company may be considered to have no assets and no liabilities only if the protected cell captive insurance company continues to have no protected cells. (B) In the course of liquidating a protected cell captive insurance company, each protected cell shall be dealt with...

... (A) As used in sections 3964.19 to 3964.194 of the Revised Code: (1) "Counterparty" means a special purpose financial captive insurance company's parent or an affiliated entity that is an insurer domiciled in this state that cedes life insurance risks to the special purpose financial captive insurance company pursuant to a special purpose financial captive insurance company contract. (2) "Insolvency" or "insolve...

... (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...

... (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 ...

... (A) Notwithstanding any other section of the Revised Code, a counterparty may take credit for reinsurance ceded to a special purpose financial captive insurance company that is a subsidiary or affiliate of the counterparty, if assets valued using the basis of accounting applicable to the special purpose financial captive insurance company under division (E) of section 3964.03 of the Revised Code at least equal...

... 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.

... 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.

... As used in this chapter: (A) "Assuming insurer" has the same meaning as in section 3901.61 of the Revised Code. (B) "Authorized individual" means an individual authorized by the licensee to access nonpublic information held by the licensee and its information systems. (C) "Ceding insurer" has the same meaning as in section 3901.61 of the Revised Code. (D) "Consumer" means an individual who is a resident of ...

... (A) Each licensee shall develop, implement, and maintain a comprehensive written information security program based on the licensee's risk assessment. The program shall be commensurate with the size and complexity of the licensee, the nature and scope of the licensee's activities including its use of third-party service providers, and the sensitivity of the nonpublic information used by the licensee or in the licen...

... (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...

... (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...

... (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...

... (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...

... (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...

... (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...

... 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.

... 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.

... The superintendent of insurance shall consider the nature, scale, and complexity of licensees in administering this chapter and adopting rules pursuant to this chapter.

... 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...

... (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. ...

... (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...

... (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) ...

... (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...

... (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...

... (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. ...

... 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.

...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.

...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...

...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.

...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,...

...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.

...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...

... 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...

...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...