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Title 39 | Insurance
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Section 3905.061 | Agent to file of change of address.

... (A) If a person licensed as an insurance agent under section 3905.06 of the Revised Code changes the person's address within the state, the person shall, within thirty days after making that change, file a change of address with the superintendent of insurance or the superintendent's designee. (B)(1) If a person licensed as an insurance agent under section 3905.06 of the Revised Code changes the person's home...

Section 3905.062 | Portable electronics insurance.

... (A) As used in this section: (1) "Customer" means a person who purchases portable electronics or services. (2) "Enrolled customer" means a customer who elects coverage under a portable electronics insurance policy issued to a vendor of portable electronics by an insurer. (3) "Endorsee" means an employee or authorized representative of a vendor authorized to sell or offer portable electronics insurance. (4) "...

Section 3905.063 | Self-service storage insurance; license required.

...(A) As used in this section: (1) "Customer" means a person who obtains the use of storage space from a self-service storage facility under the terms of a self-storage rental agreement. (2) "Endorsee" means an employee or authorized representative of a self-service storage facility authorized to sell or offer self-service storage insurance. (3) "Enrolled customer" means a customer who elects coverage under a self-s...

Section 3905.064 | Travel insurance definitions.

... As used in sections 3905.064 to 3905.0611 of the Revised Code: (A) "Aggregator site" means a web site that provides access to information regarding insurance products from more than one insurer, including product and insurer information, for use in comparison shopping. (B) "Blanket travel insurance" means a policy of travel insurance issued to any eligible group providing coverage for specific classes of perso...

Section 3905.065 | Travel insurance agent license; travel protection plans; policy requirements.

... (A) No person shall offer or sell travel insurance except as provided in sections 3905.064 to 3905.0611 of the Revised Code. (B) Notwithstanding any other provision of law, the superintendent of insurance may issue to an individual or business entity a limited lines travel insurance agent license that authorizes the holder of the license to sell, solicit, or negotiate travel insurance through a licensed insurer if...

Section 3905.066 | Travel retailers.

... (A) Notwithstanding any other provision of law, a travel retailer may offer and sell travel insurance under a limited lines travel insurance agent that is a business entity if all of the following conditions are met: (1) The limited lines travel insurance agent or travel retailer provides all of the following information to purchasers of travel insurance at the time of sale or in the fulfillment materials provided...

Section 3905.067 | Unfair and deceptive acts or practices.

... (A) Except as otherwise provided in this section, all persons offering travel insurance to residents of this state are subject to sections 3901.19 to 3901.26 of the Revised Code. (B) Any limited lines travel insurance agent, or any travel retailer offering or selling travel insurance under a limited lines travel insurance agent, that fails to comply with the provisions of sections 3905.064 to 3905.0611 of the Rev...

Section 3905.068 | Tax on travel insurance premiums.

... (A) A travel insurer shall pay premium tax, as provided in Chapters 5725. and 5729. of the Revised Code, on travel insurance premiums paid by any of the following: (1) An individual primary policyholder who is a resident of this state; (2) A primary certificate holder who is a resident of this state who elects coverage under a group travel insurance policy; (3)(a) A blanket travel insurance policyholder, when...

Section 3905.069 | Travel administrators.

... (A) Notwithstanding any other provisions of Title XXXIX of the Revised Code, no person shall act or represent the person's self as a travel administrator for travel insurance in this state unless that person holds one of the following licenses in good standing in this state: (1) Property and casualty license; (2) Managing general agent license; (3) Third-party administrator license. (B)(1) A travel insurer ...

Section 3905.0610 | Classification of travel insurance; eligibility and underwriting standards.

... (A)(1) Except as provided in division (A)(2) of this section, travel insurance shall be classified and filed, for purposes of rates and forms, under an inland marine line of insurance. (2) Travel insurance that provides coverage for sickness, accident, disability, or death occurring during travel, either exclusively or in conjunction with related coverages of emergency evacuation or repatriation of remains, or in...

Section 3905.0611 | Rules.

... The superintendent may adopt rules as needed to implement sections 3905.064 to 3905.0611 of the Revised Code.

Section 3905.07 | Nonresident insurance agent or surplus lines broker license; renewal.

... (A) The superintendent of insurance shall issue a nonresident insurance agent license to an applicant that is a nonresident person upon payment of all applicable fees required under this chapter if the superintendent finds all of the following: (1) The applicant is currently licensed as a resident and is in good standing in the applicant's home state. (2) The applicant is licensed in the applicant's home state f...

Section 3905.071 | Nonresident to file change of address.

...(A)(1) If a nonresident person licensed as a nonresident insurance agent under section 3905.07 of the Revised Code changes the person's address within the person's state of residence, the person shall, within thirty days after making that change, file a change of address with the superintendent of insurance or the superintendent's designee. (2) If a nonresident person licensed as a nonresident insurance agent...

Section 3905.072 | Nonresident limited lines insurance agent license.

...Notwithstanding any other provision of this chapter, the superintendent of insurance shall issue to a nonresident person licensed as a limited line credit insurance agent or other type of limited lines insurance agent in the person's home state a nonresident limited lines insurance agent license in accordance with division (A) of section 3905.07 of the Revised Code, with the same scope of authority as the person has ...

Section 3905.08 | Reciprocity.

...(A) The superintendent of insurance shall waive all requirements under this chapter for a nonresident applicant with a valid license from the applicant's home state, except the requirements set forth in sections 3905.07 to 3905.072 of the Revised Code, if the applicant's home state awards nonresident agent licenses to residents of this state on the same basis. (B) A nonresident insurance agent's satisfaction of the ...

Section 3905.081 | Waiving licensing requirement for nonresident persons in violation of federal reciprocity requirements.

...Notwithstanding any other provision of this chapter, the superintendent of insurance may waive any licensing requirement for nonresident persons that the superintendent determines is in violation of the reciprocity requirements set forth in section 321 of the "Financial Services Modernization Act of 1999," 113 Stat. 1338, 15 U.S.C.A. 6751.

Section 3905.09 | Temporary insurance agent license.

... (A) The superintendent of insurance may issue a temporary insurance agent license to any of the following persons if the superintendent determines that the license is necessary for the servicing of insurance business: (1) The surviving spouse or court-appointed personal representative of a licensed insurance agent who dies or becomes mentally or physically disabled, to allow adequate time for the sale of the insura...

Section 3905.11 | Agent's use of assumed name.

... An insurance agent that intends to do business in this state under any name other than the agent's legal name shall notify the superintendent of insurance prior to using the assumed name.

Section 3905.12 | Rules.

... (A) The superintendent of insurance may adopt rules in accordance with Chapter 119. of the Revised Code to do the following: (1) Establish procedures for the issuance, renewal, late renewal, extension, reactivation, and reinstatement of insurance agent licenses; (2) Provide for the issuance and renewal of limited authority licenses, and establish any prelicensing education, examination, or continuing educat...

Section 3905.14 | Disciplinary actions.

... (A) As used in sections 3905.14 to 3905.16 of the Revised Code: (1) "Insurance agent" includes a limited lines insurance agent, surety bail bond agent, and surplus line broker. (2) "Refusal to issue or renew" means the decision of the superintendent of insurance not to process either the initial application for a license as an agent or the renewal of such a license. (3) "Revocation" means the permanent termina...

Section 3905.15 | Hearing to determine administrative action modification.

... (A) Upon written application of a person whose license was denied, suspended, revoked, or surrendered for cause under section 3905.14 of the Revised Code, except for a person whose license was denied for a disqualifying offense pursuant to section 9.79 of the Revised Code, the superintendent of insurance shall hold a hearing to determine whether the administrative action imposing the denial, suspension, revocation, ...

Section 3905.16 | Surrender of license.

...(A)(1) Except as provided in division (A)(2) of this section, any person licensed as an agent under this chapter may at any time surrender any or all licenses held by the person. (2) No agent shall surrender the agent's licenses if the superintendent of insurance is investigating any allegation of wrongdoing by the agent or has initiated proceedings under Chapter 119. of the Revised Code and notice of an oppo...

Section 3905.18 | Paying unlawful consideration.

... (A) Neither an insurer nor an insurance agent shall pay a commission, service fee, brokerage fee, or other type of consideration to a person for selling, soliciting, or negotiating insurance in this state, if the person is required to be licensed by the superintendent of insurance under this chapter but is not so licensed. However, renewal or other deferred commissions may be paid to such a person for selling, solic...

Section 3905.181 | Accepting consideration without license.

... A person shall not accept a commission, service fee, brokerage fee, or other type of consideration for selling, soliciting, or negotiating insurance in this state if that person is required to be licensed under this chapter and is not so licensed.

Section 3905.182 | Sale of shares of capital stock of life insurance company or agency.

...No person licensed to sell life insurance under this chapter, although also licensed to sell securities under section 1707.32 of the Revised Code, shall sell, or receive any compensation in regard to the sale of, any shares of capital stock of any life insurance company or agency for which the person is appointed to sell life insurance, or of any issuer that owns or controls more than one fourth of the shares of ...

Section 3905.20 | Appointment of insurance agent to act as agent of insurer.

... (A) An insurance agent shall not act as an agent of an insurer unless the insurance agent is appointed as an agent of the insurer. An insurance agent who does not act as an agent of an insurer shall not be required to be appointed as an agent of the insurer. For purposes of this division, an insurance agent acts as an agent of an insurer when the insurance agent sells, solicits, or negotiates any product of ...

Section 3905.201 | Limited line credit insurance program of instruction.

...(A) Each insurer that sells, solicits, or negotiates any form of limited line credit insurance shall provide a program of instruction to each insurance agent whose duties will include selling, soliciting, or negotiating limited line credit insurance. The program of instruction shall be provided to the insurance agent prior to the agent's appointment by the insurer. (B) The superintendent may require prior review and...

Section 3905.21 | Notice of terminating relationship with insurance agent.

... (A) An insurer or authorized representative of an insurer that terminates the appointment, employment, contract, or other insurance business relationship with an insurance agent shall notify the superintendent of insurance, in the manner prescribed by the superintendent, within thirty days after the effective date of the termination. The insurer shall provide any additional information, documents, records, or other ...

Section 3905.211 | Immunity.

... (A) In the absence of actual malice, an insurer, the authorized representative of an insurer, an insurance agent, the superintendent of insurance, or any organization of which the superintendent is a member, which organization compiles the information provided pursuant to section 3905.21 of the Revised Code and makes it available to other insurance commissioners or to regulatory or law enforcement agencies, is immun...

Section 3905.212 | Sanctions.

...The superintendent of insurance may, in accordance with Chapter 119. of the Revised Code, suspend or revoke the certificate of authority or license of any person that fails to comply with section 3905.21 of the Revised Code or that has been found by a court of competent jurisdiction to have made the statements or provided the information required under that section with actual malice. Any such person is also subject ...

Section 3905.22 | Agent to provide notice of administrative action or of prosecution and disposition.

... (A) An insurance agent shall provide notice to the superintendent of insurance of any administrative action taken against the agent in another jurisdiction or by another governmental agency having professional, occupational, or financial licensing authority within thirty days after the final disposition of the matter. The notice shall include a copy of the order, consent to order, or any other relevant legal documen...

Section 3905.24 | Confidentiality of records and information - exceptions.

...(A)(1) All records and other information obtained by the superintendent of insurance or the superintendent's deputies, examiners, assistants, or other employees, or agents relating to an investigation of an applicant for licensure under this chapter, or of an agent, solicitor, broker, or other person licensed or appointed under this chapter or Chapter 3951. or 3959. of the Revised Code, are confidential and are not p...

Section 3905.26 | Centralized agent license registry.

...(A) The superintendent of insurance may participate, in whole or in part, with the NAIC or any of its affiliates or subsidiaries, in a centralized agent license registry in which insurance agent licenses and appointments are centrally or simultaneously effected for all states that require an insurance agent license and that participate in the registry. (B) The superintendent may adopt rules in accordance with Chapte...

Section 3905.28 | Rules.

... The superintendent of insurance may adopt rules in accordance with Chapter 119. of the Revised Code to carry out the purposes of sections 3905.01 to 3905.28 of the Revised Code.

Section 3905.29 | Mutual protective associations exempted.

...Sections 3905.01 to 3905.28 of the Revised Code do not apply to associations organized and operating under sections 3939.01 to 3939.11 of the Revised Code.

Section 3905.30 | Resident and nonresident surplus lines broker's license.

... (A) As used in sections 3905.30 to 3905.38 of the Revised Code: (1) Notwithstanding section 3905.01 of the Revised Code, "home state" means the state in which an insured maintains its principal place of business or, in the case of an individual, the individual's principal residence except in the case of either of the following: (a) If one hundred per cent of the insured risk is located out of the state in which an...

Section 3905.31 | Prohibitions.

...(A) No person not licensed under section 3905.30 of the Revised Code shall take or receive any application for such insurance upon property or persons in this state, or receive or collect a premium or any part thereof for any unauthorized insurance company, or attempt or assist in any such act, or perform any act in this state concerning any policy or contract of insurance of any unauthorized insurance company ...

Section 3905.32 | License fees.

... For each initial license issued under section 3905.30 of the Revised Code and renewal of that license, the superintendent of insurance shall collect one hundred dollars.

Section 3905.33 | Unauthorized insurers; applicability and construction of federal provisions; due diligence.

... (A) No person licensed under section 3905.30 of the Revised Code shall solicit, procure an application for, bind, issue, renew, or deliver a policy with any insurer that is not eligible to write insurance on an unauthorized basis in this state. Pursuant to the "Nonadmitted and Reinsurance Reform Act of 2010," 15 U.S.C. 8201 et seq., 124 Stat. 1589, or any successor or replacement law, where this state is the home s...

Section 3905.331 | Exempt commercial purchasers; qualifications; qualified risk managers.

...(A) A person purchasing commercial insurance qualifies as an exempt commercial purchaser if, at the time of placement, the exempt commercial purchaser satisfies all of the following requirements: (1) The person employs or retains a qualified risk manager to negotiate insurance coverage. (2) The person has paid aggregate nationwide commercial property and casualty insurance premiums in excess of one hundred t...

Section 3905.332 | Designation as domestic surplus lines insurer.

... (A) Notwithstanding any other provision of the Revised Code, a domestic insurer may be designated a domestic surplus lines insurer pursuant to this section. (B) A domestic insurer shall not be designated a domestic surplus lines insurer unless all of the following are met: (1) The domestic insurer possesses minimum capital and surplus of at least fifteen million dollars. (2) The domestic insurer is seeking to...

Section 3905.34 | Separate accounts.

...Each person licensed under section 3905.30 of the Revised Code shall keep a separate account of the business done under the person's license. On or before the thirty-first day of March or when required under the compact entered into by the superintendent of insurance as authorized by division (D) of section 3905.33 of the Revised Code, each surplus lines broker shall file details of the business done during the...

Section 3905.35 | Bond.

...Before an applicant receives a resident license under section 3905.30 of the Revised Code, the person named in the license shall execute and deliver to the superintendent of insurance a bond in the sum of twenty-five thousand dollars, payable to the state and conditioned that the person will faithfully comply with sections 3905.30 to 3905.35 of the Revised Code. The bond required by this section shall be issue...

Section 3905.36 | Taxing firms dealing with unauthorized foreign insurers; waiver of penalty and interest charges; surplus lines brokers.

... (A) Every insured association, company, corporation, or other person that enters, directly or indirectly, into any independent procurement or direct placement agreement with any insurance company, association, individual, firm, underwriter, or Lloyd's, not authorized to do business in this state, whereby the insured shall procure, continue, or renew contracts of insurance with such unauthorized insurance compa...

Section 3905.37 | Prohibited acts.

...No person, company, association, or corporation shall fail to make the report required in section 3905.36 of the Revised Code and to furnish all the information that is required to determine the amount due under that section.

Section 3905.38 | Exemptions.

...(A) Sections 3905.30 to 3905.37 of the Revised Code do not apply where this state is not the home state of the insured. (B) Sections 3905.36 to 3905.38 of the Revised Code do not extend to private citizens, firms, or corporations, residents of this state, who seek to provide indemnity among themselves, from fire loss or other casualty, by exchange of private contracts for protection only and not for profit, n...

Section 3905.39 | Continuation of certificates and licenses.

...Unless revoked by the superintendent of insurance or unless cancelled by him on written notice from the company, or the "attorney" designated under section 3931.01 of the Revised Code, all certificates of authority and licenses of companies, or such "attorneys" organized or admitted to do business under the laws relating to insurance companies, may, in the discretion of the superintendent, and at the request of the c...

Section 3905.40 | Fees paid to superintendent of insurance.

... There shall be paid to the superintendent of insurance the following fees: (A) Each insurance company doing business in this state shall pay: (1) For filing a copy of its charter or deed of settlement, two hundred fifty dollars; (2) For filing each statement, one hundred seventy-five dollars; (3) For each certificate of authority or license, one hundred seventy-five, and for each certified copy thereof, five dol...

Section 3905.401 | Valuation fee not applicable to reinsurance ceded to affiliated companies.

...The valuation fee specified in division (B) of section 3905.40 of the Revised Code does not apply to reinsurance ceded to affiliated domestic companies.

Section 3905.41 | Accounts for fees.

...The superintendent of insurance may open an account in the name of each insurance company authorized to do business in this state and in the name of any authorized insurance agent, and charge the accounts with all fees incurred by such companies or agents in accordance with sections 3905.20, 3905.40, 3919.26, and 3931.03 of the Revised Code, and other statutes imposing fees. The statutory fee for each service r...