Ohio Revised Code Search
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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... |
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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... |
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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... |
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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... |
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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... |
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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. |
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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. |
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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. |
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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... |
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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. ... |
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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... |
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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) ... |
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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... |
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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... |
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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. ... |
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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. |
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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. |
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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... |
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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. |
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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,... |
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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. |
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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... |
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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... |
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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... |
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Section 3999.11 | Advertisement at variance with verified statement.
...No insurance company, corporation, or association authorized to transact business in this state shall purport to make known its financial standing by advertisement, public announcement, or by making or issuing a circular or card, which fails to correspond, in all the particulars which it so purports to make known, with the last preceding verified statement made by it to the insurance department of any state. |
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Section 3999.12 | Disbursements by domestic life insurance companies.
...No domestic life insurance company making a disbursement of one hundred dollars or more shall fail to have it evidenced by a voucher signed by or on behalf of the person, firm, or corporation receiving the money and correctly describing the consideration thereof; if such expenditure is for both services and disbursements, such company shall not fail to set forth in such voucher, the service rendered and an itemized s... |
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Section 3999.13 | Unlawful reinsurance.
...No officer, director, or stockholder of a company organized under the laws of this state to do the business of life, accident, or health insurance, either on the stock, mutual, stipulated premiums, assessment, or fraternal plan, shall violate or consent to a violation of any law governing or forbidding the reinsurance of the risks, or any part thereof, or the consolidation of such company with any other company or as... |
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Section 3999.14 | Foreign life insurance companies on the assessment plan.
...No officer or agent of a corporation, company, or association organized under the laws of any other state of the United States to transact the business of life or accident insurance or life and accident insurance on the assessment plan, shall violate or fail to comply with any law relating to such corporation, company, or association. |
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Section 3999.15 | Violations by accident insurance companies and officers thereof.
...No company organized under the laws of this state for the special purpose of insuring against accidental personal injury and loss of life sustained while traveling by railroad, steamboat, or other mode of conveyance, against accidental personal injury and loss of life sustained by accident of every description, and against expenses and lost of time occasioned by injury or sickness, on such terms, and for such periods... |
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Section 3999.16 | Person with a disability - unfair discrimination.
... No officer, director, trustee, agent, or employee of any insurance company, corporation, or association authorized to transact business in this state shall knowingly use underwriting standards or rates that result in unfair discrimination against any person with a disability. This section does not prevent reasonable classifications of persons with disabilities for determining insurance rates. As used in this secti... |
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Section 3999.18 | Requiring valid certificate of authority.
... (A) No person shall establish, operate, or maintain any entity that delivers, issues for delivery, or renews any policy of sickness and accident insurance or contract for health care services in this state if the entity is required to, but does not, have a valid certificate of authority under Chapter 1751. or Title XXXIX of the Revised Code. (B) No insurance agent, broker, or other person shall advertise, solicit, ... |
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Section 3999.21 | Applications and claim form to contain warning against insurance fraud.
...(A) As used in this section: (1) "Deceptive," "insurer," "policy," and "statement" have the same meanings as in section 2913.47 of the Revised Code. (2) "Defraud" has the same meaning as in section 2913.01 of the Revised Code. (B) All applications for group or individual insurance issued by an insurer and all claim forms issued by an insurer, for use by persons in applying for insurance or submitting a claim for p... |
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Section 3999.22 | Health insurance referrals - prohibited activities - exceptions.
...(A) As used in this section: (1) "Claim" means any attempt to cause a health care insurer to make payment of a health care benefit. (2) "Health care benefit" means the right under a contract or a certificate or policy of insurance to have a payment made by a health care insurer for a specified health care service. (3) "Health care insurer" means any person that is authorized to do the business of sickness and acci... |
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Section 3999.31 | Immunity for providing or receiving information relating to suspected fraudulent insurance acts.
...(A) As used in this section: (1) "Fraudulent insurance act" means an act committed by a person who, knowingly and with intent to defraud, presents, causes to be presented, or prepares with knowledge or belief that it will be presented to or by an insurer, purported insurer, broker, or any agent thereof, any written statement as part of, or in support of, an application for the issuance of, or the rating of a policy ... |
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Section 3999.32 | Notice of failure to make required premium payment or contribution.
...(A) As used in this section: (1) "Certificate holder" means any person whose employment or retirement status is the basis of eligibility for coverage under a group policy of sickness and accident insurance or for enrollment under a group contract of a health insuring corporation. (2) "Health insurer" means any sickness and accident insurer or health insuring corporation. (B) Each person to whom a group policy or c... |
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Section 3999.36 | Notice of impairment to be given by chief executive.
...(A) As used in this section and sections 3999.37 and 3999.38 of the Revised Code: (1) "Insurer" means any person that is authorized to engage in the business of insurance in this state under Title XXXIX of the Revised Code, any health insuring corporation, or any other person engaging either directly or indirectly in this state in the business of insurance or entering into contracts substantially amounting to insura... |
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Section 3999.37 | Prohibiting fraudulent acts concerning impairment or insolvency of insurer.
...No person shall do any of the following: (A) Conceal any property belonging to an insurer; (B) Transfer or conceal his own property or property belonging to an insurer in contemplation of a proceeding under Chapter 3903. of the Revised Code; (C) Conceal, destroy, multilate, alter, or make a false entry in any document that affects or relates to the property of an insurer; (D) Withhold any document that affects or... |
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Section 3999.38 | Prohibiting payment of dividend when insurer is impaired.
...No insurer shall knowingly declare or pay any dividend whenever the insurer is impaired. For purposes of this section, "insurer" also includes any person doing the business of insurance in this state. |
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Section 3999.41 | Insurer to adopt antifraud program.
...(A) Except as provided in division (D) of this section, every insurer, as defined in division (A) of section 3999.36 of the Revised Code, shall adopt an antifraud program and shall specify in a written plan the procedures it will follow when instances of insurance fraud or suspected insurance fraud are brought to its attention. The insurer shall identify in the written plan the person or persons responsible for the ... |
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Section 3999.42 | Insurer to notify department of insurance fraud.
...(A) If an insurer, as defined in division (A) of section 3999.36 of the Revised Code, has a reasonable belief that a person is perpetrating or facilitating an insurance fraud, as established by section 2913.47 of the Revised Code, or has done so, the insurer shall notify the department of insurance. (B) The notification required by division (A) of this section shall be made in accordance with rules adopted by the de... |
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Section 3999.99 | Penalty.
...(A) Whoever violates section 3999.02 of the Revised Code is guilty of a misdemeanor of the second degree. (B) Whoever violates section 3999.03, 3999.07, 3999.13, 3999.14, or 3999.15 of the Revised Code is guilty of a misdemeanor of the first degree. (C) Whoever violates section 3999.04, 3999.05, 3999.08, or 3999.09 of the Revised Code is guilty of a misdemeanor of the fourth degree. (D) Whoever violates section 39... |