reglab/housing_qa huggingface dataset:
Ohio Rev Code § 3903.04 (2021)
2021 Ohio Revised Code|Title 39 | Insurance|Chapter 3903 | Reserve Valuation; Rehabilitation and Liquidation|Section 3903.04 | Jurisdiction.

Effective: March 7, 1983|Latest Legislation:  House Bill 830 - 114th General Assembly|(A) No delinquency proceeding shall be commenced under this chapter by anyone other than the superintendent of insurance of this state. No court has jurisdiction to entertain, hear, or determine any delinquency proceeding commenced by any other person.(B) No court of this state has jurisdiction to entertain, hear, or determine any complaint praying for the dissolution, liquidation, rehabilitation, sequestration, conservation, or receivership of any insurer, or praying for a temporary restraining order, preliminary injunction, or permanent injunction, or other relief preliminary to, incidental to, or relating to delinquency proceedings other than in accordance with sections 3903.01 to 3903.59 of the Revised Code.(C) In addition to other grounds for jurisdiction provided by the law of this state, a court of common pleas has jurisdiction over a person served pursuant to the Civil Rules in an action brought by the conservator, rehabilitator, or liquidator of a domestic insurer or an alien insurer domiciled in this state if any of the following apply:(1) The person served is obligated to the insurer in any way as an incident to any agency or brokerage arrangement that may exist or has existed between the insurer and the agent or broker, in any action on or incident to the obligation;(2) The person served is a reinsurer who has at any time written a policy of reinsurance for an insurer against which a rehabilitation or liquidation order is in effect when the action is commenced, or is an agent or broker of or for the reinsurer, in any action on or incident to the reinsurance contract;(3) The person served is or has been an officer, manager, trustee, organizer, promoter, or person in a position of comparable authority or influence in an insurer against which a rehabilitation or liquidation order is in effect when the action is commenced, in any action resulting from such a relationship with the insurer.(D) If the court, on motion of any party, finds that any action should as a matter of substantial justice be tried in a forum outside this state, the court may stay further proceedings on the action in this state.(E) All actions authorized in sections 3903.01 to 3903.59 of the Revised Code shall be brought in the court of common pleas of Franklin county.
Ohio Rev Code § 3903.06 (2021)
2021 Ohio Revised Code|Title 39 | Insurance|Chapter 3903 | Reserve Valuation; Rehabilitation and Liquidation|Section 3903.06 | Duty of Persons Exercising Control to Cooperate With Superintendent.

Effective: March 7, 1983|Latest Legislation:  House Bill 830 - 114th General Assembly|(A) Any officer, manager, director, trustee, owner, employee, or agent of any insurer, or any other persons with authority over or in charge of any segment of the insurer's affairs, shall cooperate with the superintendent of insurance in any proceeding under sections 3903.01 to 3903.59 of the Revised Code or any investigation preliminary to the proceeding. The term "person" as used in this section includes, but is not limited to, any person who exercises control directly or indirectly over activities of an insurer through any holding company or other affiliate of the insurer. "To cooperate" includes, but is not limited to, a duty to do both of the following:(1) Reply promptly in writing to any inquiry from the superintendent requesting such a reply;(2) Make available to the superintendent any books, accounts, documents, or other records or information or property of or pertaining to the insurer and in the person's possession, custody, or control.(B) No person shall fail to cooperate with the superintendent as required under division (A) of this section.(C) No person shall obstruct or interfere with the superintendent in the conduct of any delinquency proceeding or any investigation preliminary or incidental thereto or violate an order of the superintendent issued under sections 3903.01 to 3903.59 of the Revised Code.(D) If the superintendent finds, after proceedings in accordance with Chapter 119. of the Revised Code, that any person has violated division (B) or (C) of this section, the superintendent may do either or both of the following:(1) Impose a civil penalty not to exceed ten thousand dollars;(2) Suspend, revoke, or refuse to renew any license or certificate issued to the person under Title XVII or XXXIX of the Revised Code.(E) Nothing in this section shall be construed to abridge otherwise existing legal rights, including the right to resist a complaint for liquidation or other delinquency proceedings, or other orders.
Ohio Rev Code § 3903.07 (2021)
2021 Ohio Revised Code|Title 39 | Insurance|Chapter 3903 | Reserve Valuation; Rehabilitation and Liquidation|Section 3903.07 | Responsibilities of Superintendent and Deputies.

Effective: April 10, 1991|Latest Legislation:  House Bill 573 - 118th General Assembly|(A) In any proceeding under sections 3903.01 to 3903.59 of the Revised Code, the superintendent of insurance and his deputies are responsible on their official bonds for the faithful performance of their duties. If the court considers it desirable for the protection of the assets, it may at any time require an additional bond from the superintendent or his deputies, and such bonds shall be paid for out of the assets of the insurer as a cost of administration.(B) Sections 9.86 and 9.87 of the Revised Code and sections 109.36 to 109.366 of the Revised Code apply, for purposes of any proceeding under sections 3903.01 to 3903.59 of the Revised Code, to the superintendent, any deputy liquidator, any employee of the department of insurance, any employee appointed by the superintendent as liquidator, and any employee who serves under the liquidator.(C) For the sole purpose of the application of sections 9.86 and 9.87 of the Revised Code and sections 109.36 to 109.366 of the Revised Code, each person described in division (B) of this section is deemed to be an officer or employee as defined in division (A) of section 9.85 of the Revised Code and division (A) of section 109.36 of the Revised Code.
Ohio Rev Code § 3903.08 (2021)
2021 Ohio Revised Code|Title 39 | Insurance|Chapter 3903 | Reserve Valuation; Rehabilitation and Liquidation|Section 3903.08 | Effect on Pending Proceedings.

Effective: March 7, 1983|Latest Legislation:  House Bill 830 - 114th General Assembly|Every proceeding to rehabilitate or liquidate an insurer commenced under the laws in effect before the effective date of sections 3903.01 to 3903.59 of the Revised Code shall be continued as it would have been continued had these sections not been enacted.
Ohio Rev Code § 3903.10 (2021)
2021 Ohio Revised Code|Title 39 | Insurance|Chapter 3903 | Reserve Valuation; Rehabilitation and Liquidation|Section 3903.10 | Complaint - Court May Issue Ex Parte Seizure or Other Order.

Effective: March 7, 1983|Latest Legislation:  House Bill 830 - 114th General Assembly|(A) The superintendent of insurance may file in the court of common pleas a complaint alleging, with respect to a domestic insurer all of the following:(1) That there exist any grounds that would justify a court order for a formal delinquency proceeding against an insurer under sections 3903.01 to 3903.59 of the Revised Code;(2) That the interests of policyholders, creditors, or the public will be endangered by delay;(3) The contents of a seizure order or other order considered necessary by the superintendent.(B) Upon a filing under division (A) of this section, the court may issue forthwith, ex parte and without a hearing, the requested order which shall direct the superintendent to take possession and control of all or a part of the property, books, accounts, documents, and other records of an insurer, and of the premises occupied by it for transaction of its business, and until further order of the court enjoin the insurer and its officers, managers, agents, and employees from disposition of its property and from transaction of its business except with the written consent of the superintendent.(C) The court shall specify in the order what its duration shall be, which shall be such time as the court considers necessary for the superintendent to ascertain the condition of the insurer. On motion of either party or on its own motion, the court may from time to time hold such hearings as it considers desirable after such notice as it considers appropriate, and may extend, shorten, or modify the terms of the seizure order or other order. The court shall vacate the seizure order or other order if the superintendent fails to commence a formal proceeding under sections 3903.01 to 3903.59 of the Revised Code after having had a reasonable opportunity to do so. An order of rehabilitation or liquidation terminates the seizure order.(D) Entry of a seizure order or other order under this section does not constitute an anticipatory breach of any contract of the insurer.(E) An insurer subject to an ex parte order under this section may file a motion in the court at any time after the issuance of such order for a hearing and review of the order. The court shall hold such a hearing and review not more than fifteen days after the motion is filed. The court shall, upon request of the insurer, hold hearings under this division in chambers.(F) If, at any time after the issuance of such an order, it appears to the court that any person whose interest is or will be substantially affected by the order did not appear at the hearing and has not been served, the court may order that notice be given. An order that notice be given shall not stay the effect of any order previously issued by the court.
Ohio Rev Code § 3903.13 (2021)
2021 Ohio Revised Code|Title 39 | Insurance|Chapter 3903 | Reserve Valuation; Rehabilitation and Liquidation|Section 3903.13 | Rehabilitation Orders.

Effective: March 7, 1983|Latest Legislation:  House Bill 830 - 114th General Assembly|(A) An order to rehabilitate the business of a domestic insurer, or an alien insurer domiciled in this state, shall appoint the superintendent of insurance and his successors in office the rehabilitator, and shall direct the rehabilitator forthwith to take possession of the assets of the insurer, and to administer them under the general supervision of the court. The rehabilitator is vested by operation of law with the title to all property, contracts, and rights of action of the company as of the date of the entry of the judgment of the court order directing rehabilitation.Third persons dealing with the interest of the insurer in real property in a county are charged with notice of the pendency of an action for rehabilitation of the insurer when a complaint for rehabilitation of the insurer is filed in the court of common pleas of that county or when a certified copy of the complaint is filed with the clerk of that county under Civil Rule 3(F).Third persons dealing with the interest of the insurer in real property in a county are charged with notice of the order for rehabilitation when the judgment ordering rehabilitation is entered in that county or when a certified copy of the judgment is filed in that county under Civil Rule 3(F).Subject to section 3903.27 of the Revised Code, third persons dealing with the interest of the insurer in other types of property are charged with notice of the pendency of the action for rehabilitation when the complaint is filed in the court of common pleas, or when a certified copy of the complaint is filed under Civil Rule 3(F) with the clerk of the court of common pleas, of the county in which the principal business of the company is conducted or in which its principal office or place of business is located. Such persons are charged with notice of the judgment ordering rehabilitation when the judgment is filed under Civil Rule 58, or a certified copy of the judgment is filed under Civil Rule 3(F), with the clerk of the court of common pleas of the county in which the principal business of the company is conducted or in which its principal office or place of business is located.(B) Any order issued under this section shall require accounting to the court by the rehabilitator. Accountings shall be at such intervals as the court specifies in its order.(C) Entry of an order of rehabilitation does not constitute an anticipatory breach of any contracts of the insurer.
Ohio Rev Code § 3903.15 (2021)
2021 Ohio Revised Code|Title 39 | Insurance|Chapter 3903 | Reserve Valuation; Rehabilitation and Liquidation|Section 3903.15 | Stay of Actions - Statute of Limitations - Standing.

Effective: March 7, 1983|Latest Legislation:  House Bill 830 - 114th General Assembly|(A) Any court in this state, before which any action or proceeding in which the insurer is a party or is obligated to defend a party is pending when a rehabilitation order against the insurer is entered, shall stay the action or proceeding for ninety days and such additional time as is necessary for the rehabilitator to obtain proper representation and prepare for further proceedings. The rehabilitator shall take such action respecting the pending litigation as he considers necessary in the interests of justice and for the protection of creditors, policyholders, and the public. The rehabilitator shall immediately consider all litigation pending outside this state and shall petition the courts having jurisdiction over that litigation for stays whenever necessary to protect the estate of the insurer.(B) No statute of limitations or defense of laches shall run with respect to any action by or against an insurer between the filing of a complaint for appointment of a rehabilitator for that insurer and the order granting or denying that complaint. Any action by or against the insurer that might have been commenced when the complaint was filed may be commenced for at least sixty days after the order of rehabilitation is entered or the complaint is denied.(C) Any guaranty association or foreign guaranty association covering life or health insurance or annuities shall have standing to appear in any court proceeding concerning the rehabilitation of a life or health insurer if such association is or may become liable to act as a result of the rehabilitation.
Ohio Rev Code § 3903.16 (2021)
2021 Ohio Revised Code|Title 39 | Insurance|Chapter 3903 | Reserve Valuation; Rehabilitation and Liquidation|Section 3903.16 | Motion for Order of Liquidation - Order Terminating Rehabilitation of Insurer.

Effective: March 7, 1983|Latest Legislation:  House Bill 830 - 114th General Assembly|(A) Whenever the superintendent of insurance believes rehabilitation of an insurer would substantially increase the risk of loss to creditors, policyholders, or the public, or would be futile, the superintendent may file a motion in the court of common pleas for an order of liquidation. A motion under this division has the same effect as a complaint under section 3903.17 of the Revised Code. The court shall permit the directors of the insurer to take such actions as are reasonably necessary to defend against the motion and may order payment from the estate of the insurer of such costs and other expenses of defense as justice may require.(B) The court may at any time, upon motion of the rehabilitator, enter an order terminating rehabilitation of an insurer. The court may also, upon motion of the directors of the insurer, enter an order terminating rehabilitation of the insurer and may order payment from the estate of the insurer of such costs and other expenses of such motion as justice may require. If the court finds that rehabilitation has been accomplished and that grounds for rehabilitation under section 3903.12 of the Revised Code no longer exist, it shall order that the insurer be restored to possession of its property and the control of its business. The court may also make such a finding and issue such an order at any time upon its own motion.
Ohio Rev Code § 3903.17 (2021)
2021 Ohio Revised Code|Title 39 | Insurance|Chapter 3903 | Reserve Valuation; Rehabilitation and Liquidation|Section 3903.17 | Basis for Liquidation Order.

Effective: March 7, 1983|Latest Legislation:  House Bill 830 - 114th General Assembly|The superintendent of insurance may file a complaint in the court of common pleas for an order directing him to liquidate a domestic insurer or an alien insurer domiciled in this state on the basis of any one or more of the following:(A) Upon any ground for an order of rehabilitation specified in section 3903.12 of the Revised Code, whether or not there has been a prior order directing the rehabilitation of the insurer;(B) That the insurer is insolvent;(C) That the insurer is in such condition that the further transaction of business would be hazardous, financially or otherwise, to its policyholders, its creditors, or the public.
Ohio Rev Code § 3903.19 (2021)
2021 Ohio Revised Code|Title 39 | Insurance|Chapter 3903 | Reserve Valuation; Rehabilitation and Liquidation|Section 3903.19 | Effect of Liquidation Order on Policies.

Effective: March 7, 1983|Latest Legislation:  House Bill 830 - 114th General Assembly|(A) All policies, other than life or health insurance or annuities, in effect at the time of issuance of an order of liquidation shall continue in force only for the lesser of any of the following:(1) A period of thirty days from the date of entry of the liquidation order;(2) The expiration of the policy coverage;(3) The date when the insured has replaced the insurance coverage with equivalent insurance in another insurer or otherwise terminated the policy;(4) The liquidator has effected a transfer of the policy obligation pursuant to division (A)(8) of section 3903.21 of the Revised Code.(B) An order of liquidation under section 3903.18 of the Revised Code terminates coverages at the time specified in division (A) of this section for purposes of any other section of the Revised Code.(C) Policies of life or health insurance or annuities shall continue in force for such period and under such terms as is provided for by any applicable guaranty association or foreign guaranty association.(D) Policies of life or health insurance or annuities or any period or coverage of such policies not covered by a guaranty association or foreign guaranty association shall terminate under divisions (A) and (B) of this section.
Ohio Rev Code § 3903.20 (2021)
2021 Ohio Revised Code|Title 39 | Insurance|Chapter 3903 | Reserve Valuation; Rehabilitation and Liquidation|Section 3903.20 | Dissolution of Corporate Existence.

Effective: March 7, 1983|Latest Legislation:  House Bill 830 - 114th General Assembly|The superintendent of insurance may file a motion for an order dissolving the corporate existence of a domestic insurer or the United States branch of an alien insurer domiciled in this state at the time he files a complaint for a liquidation order. The court shall order dissolution of the corporation upon motion by the superintendent upon or after the granting of a liquidation order. If the dissolution has not previously been ordered, it shall be effected by operation of law upon the discharge of the liquidator if the insurer is insolvent but may be ordered by the court upon the discharge of the liquidator if the insurer is under a liquidation order for some other reason.
Ohio Rev Code § 3903.22 (2021)
2021 Ohio Revised Code|Title 39 | Insurance|Chapter 3903 | Reserve Valuation; Rehabilitation and Liquidation|Section 3903.22 | Notice of Liquidation Order.

Effective: March 7, 1983|Latest Legislation:  House Bill 830 - 114th General Assembly|(A) Unless the court otherwise directs, the liquidator shall give or cause to be given notice of the liquidation order as soon as possible to all of the following:(1) By first class mail and either by telegram or telephone to the superintendent of insurance or equivalent officer of each jurisdiction in which the insurer is doing business;(2) By first class mail to any guaranty association or foreign guaranty association which is or may become obligated as a result of the liquidation;(3) By first class mail to all insurance agents of the insurer;(4) By first class mail to all persons known or reasonably expected to have claims against the insurer including all policyholders, at their last known address as indicated by the records of the insurer;(5) By publication in a newspaper of general circulation in the county in which the insurer has its principal place of business and in such other locations as the liquidator considers appropriate.(B) Notice to potential claimants under division (A) of this section shall require claimants to file with the liquidator their claims together with proper proofs thereof under section 3903.36 of the Revised Code, on or before a date the liquidator shall specify in the notice. The liquidator need not require persons claiming cash surrender values or other investment values in life insurance and annuities to file a claim. All claimants shall keep the liquidator informed of any changes of address.(C) If notice is given in accordance with this section, the distribution of assets of the insurer under sections 3903.01 to 3903.59 of the Revised Code is conclusive with respect to all claimants, whether or not they received notice.