reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3935 | Rating Bureaus › Section 3935.12 | Advisory Organizations.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
(A) Every group, association, or other organization of insurers, whether located within or outside this state, which assists insurers which make their own filings or rating bureaus in rate making, by the collection and furnishing of loss or expense statistics, or by the submission of recommendations, but which does not make filings under sections 3935.01 to 3935.17, inclusive, of the Revised Code, shall be known as an advisory organization.
(B) Every advisory organization shall file the following items with the superintendent of insurance:
(1) A copy of its constitution, its articles of agreement or association or its certificate of incorporation, and of its bylaws, rules, and regulations governing its activities;
(2) A list of its members;
(3) The name and address of a resident of this state upon whom notices or orders of the superintendent or process issued at his direction may be served;
(4) An agreement that the superintendent may examine such advisory organization in accordance with section 3935.11 of the Revised Code.
(C) If, after a hearing, the superintendent finds that the furnishing of information or assistance to insurers by such advisory organization involves any act or practice which is unfair, unreasonable, or otherwise inconsistent with sections 3935.01 to 3935.17, inclusive, of the Revised Code, he may issue a written order specifying in what respects such act or practice is unfair, unreasonable, or otherwise inconsistent with said sections, and requiring the discontinuance of such act or practice.
(D) No insurer which makes its own filings, nor any rating bureau, shall support its filings by statistics or adopt rate-making recommendations furnished to it by an advisory organization which has not complied with this section or with an order of the superintendent involving such statistics or recommendations issued under division (C) of this section. If the superintendent finds such insurer or rating bureau to be in violation of this division, he may issue an order requiring the discontinuance of such violation.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3935 | Rating Bureaus › Section 3935.13 | Regulations for Joint Underwriting or Joint Reinsurance.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Every group, association, or other organization of insurers which engages in joint underwriting or joint reinsurance shall be subject to regulation with respect to such underwriting or reinsurance as provided in this section, subject, with respect to joint underwriting, to sections 3935.01 to 3935.17, inclusive, of the Revised Code, and, with respect to joint reinsurance, to sections 3935.11, 3935.14, 3935.16, and 3935.17 of the Revised Code.
If, after a hearing, the superintendent of insurance finds that any activity or practice of any such group, association, or other organization is unfair, unreasonable, or otherwise inconsistent with sections 3935.01 to 3935.17, inclusive, of the Revised Code, he may issue a written order specifying in what respects such activity or practice is unfair, unreasonable, or otherwise inconsistent with said sections and requiring the discontinuance of such activity or practice.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3935 | Rating Bureaus › Section 3935.16 | General Prohibition - Suspension of License.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The superintendent of insurance may suspend the license of any rating bureau or insurer which fails to comply with an order of the superintendent within the time limited by such order, or any extension thereof which the superintendent grants. The superintendent shall not suspend the license of any rating bureau or insurer for failure to comply with an order until the time prescribed for an appeal therefrom has expired or, if an appeal has been taken, until such order has been affirmed. The superintendent may determine when a suspension of license becomes effective, and it shall remain in effect for the period fixed by him unless he modifies or rescinds such suspension, or until the order upon which such suspension is based is modified, rescinded, or reversed.
No penalty shall be imposed and no license shall be suspended or revoked except upon a written order of the superintendent, stating his findings, made after a hearing held upon not less than ten days' written notice to such person or bureau, specifying the alleged violation.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3935 | Rating Bureaus › Section 3935.17 | Applicability of Sections.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Section 3927.05 of the Revised Code is not repealed or affected by sections 3935.01 to 3935.17, inclusive, of the Revised Code, but compliance with sections 3935.01 to 3935.17, inclusive, of the Revised Code, shall not be deemed to be a violation of section 3927.05 of the Revised Code.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3935 | Rating Bureaus › Section 3935.99 | Penalty.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
(A) Whoever violates sections 3935.01 to 3935.17, inclusive, of the Revised Code, shall be fined not less than fifty nor more than five hundred dollars.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3937 | Casualty Insurance; Motor Vehicle Insurance › Section 3937.01 | Regulation of Rates for Casualty Insurance - Exceptions.

Effective:
January 17, 1977
Latest Legislation:
Senate Bill 545 - 111th General Assembly
Sections 3937.01 to 3937.16 of the Revised Code apply to casualty insurance including fidelity, surety, and guaranty bonds, and to all forms of motor vehicle insurance, on risks or operations in this state, except:
(A) Reinsurance, other than joint reinsurance to the extent stated in section 3937.10 of the Revised Code;
(B) Accident and health insurance;
(C) Insurance against loss of or damage to aircraft or against liability, other than employer's liability, arising out of the ownership, maintenance, or use of aircraft;
(D) Insurance against workers' compensation liability;
(E) Insurance of titles to property against loss by reason of defects, encumbrances, or other matters;
(F) The insurance of the correctness of searches for instruments, liens, charges, or other matters affecting title to property.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3937 | Casualty Insurance; Motor Vehicle Insurance › Section 3937.011 | Application of Sections.

Effective:
November 9, 1959
Latest Legislation:
Senate Bill 289 - 103rd General Assembly
Sections 3937.01 to 3937.17, inclusive, of the Revised Code apply to subscribers, their attorneys or representatives authorized to exchange reciprocal or interinsurance contracts under sections 3931.01 to 3931.12, inclusive, of the Revised Code.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3937 | Casualty Insurance; Motor Vehicle Insurance › Section 3937.021 | Relevant Factors for Determining Rates.

Effective:
October 20, 1994
Latest Legislation:
Senate Bill 20 - 120th General Assembly
In determining rates for motor vehicle insurance, an insurer shall not consider the fact that an applicant does not have motor vehicle insurance covering the applicant's motor vehicle at the time of his application for such insurance, unless the insurer has an actuarial justification. An insurer may consider any relevant factor contributing to the cancellation, refusal to renew, or other involuntary termination of motor vehicle insurance coverage previously maintained by the applicant, and may consider any other relevant factors permitted by sections 3937.01 to 3937.17 of the Revised Code.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3937 | Casualty Insurance; Motor Vehicle Insurance › Section 3937.04 | Hearing on Rates and Filings.

Effective:
January 5, 1988
Latest Legislation:
House Bill 1 - 117th General Assembly
(A) If at any time the superintendent of insurance finds that a rate to which sections 3937.01 to 3937.17 of the Revised Code apply does not comply with such sections, he may, after a hearing held upon not less than twenty days' written notice as provided in division (C) of this section, specifying the matters to be considered at the hearing, to every insurer and rating organization that made the rate, issue an order specifying in what respects he finds that the rate fails to comply, and stating when, within a reasonable period thereafter, the rate shall be no longer in effect. Copies of the order shall be sent to such insurer or rating organization. The order shall not affect any contract or policy made or issued prior to the expiration of the period set forth in the order.
(B) Any person or organization aggrieved with respect to any filing that is in effect may make written application to the superintendent for a hearing thereon, provided the insurer or rating organization that made the filing shall not be authorized to proceed under this division. The application shall specify the grounds to be relied upon by the applicant. If the superintendent finds that the application is made in good faith, that the applicant would be so aggrieved if his grounds are established, and that such grounds otherwise justify holding such a hearing, he shall, within thirty days after receipt of the application, hold a hearing upon not less than ten days' written notice to the applicant and, as provided in division (C) of this section, to every insurer and rating organization that made the filing. If, after the hearing, the superintendent finds that the filing does not comply with sections 3937.01 to 3937.17 of the Revised Code, he shall issue an order specifying in what respects he finds that the filing fails to comply and stating when, within a reasonable period thereafter, the filing shall be no longer effective. Copies of the order shall be sent to the applicant and to every such insurer or rating organization. The order shall not affect any contract or policy made or issued prior to the expiration of the period set forth in the order.
(C) Every rating organization receiving a notice of hearing or copy of an order under division (A) or (B) of this section shall promptly notify all of its members or subscribers that would be affected by the hearing or order. Notice to a rating organization of a hearing or order shall be deemed notice to its members or subscribers.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3937 | Casualty Insurance; Motor Vehicle Insurance › Section 3937.06 | Deviation From Filings.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Every member or subscriber to a rating organization shall adhere to the filings made on its behalf by such organization except that any such insurer may file with the superintendent of insurance a uniform percentage decrease or increase to be applied to the premiums produced by the rating system so filed for a kind of insurance for a class of insurance which is found by the superintendent to be a proper rating unit for the application of such uniform percentage decrease or increase, or for a subdivision of a kind of insurance comprised of a group of manual classifications which is treated as a separate unit for rate making purposes, or for which separate expense provisions are applicable.
When such deviation is filed, it shall become effective immediately and shall be deemed to comply with sections 3937.01 to 3937.17, inclusive, of the Revised Code, unless disapproved by the superintendent as provided in section 3937.04 of the Revised Code. When such filing is not accompanied by the information upon which the insurer supports such deviation and the superintendent does not have sufficient information to determine whether such filing complies with sections 3937.01 to 3937.17, inclusive, of the Revised Code, he may require such insurer to furnish the information upon which it supports such filing. Such information may be of the character provided for in division (A) of section 3937.03 of the Revised Code.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3937 | Casualty Insurance; Motor Vehicle Insurance › Section 3937.07 | Advisory Organizations.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Any member of or subscriber to a rating organization may appeal to the superintendent of insurance from the action or decision of such rating organization in approving or rejecting any proposed change in or addition to the filings of such rating organization and the superintendent shall, after a hearing held upon not less than ten days' written notice to the appellant and to such rating organization, issue an order approving the action or decision of such rating organization or directing it to give further consideration to such proposal. If such appeal is from the action or decision of the rating organization in rejecting a proposed addition to its filings, the superintendent may, in the event he finds that such action or decision was unreasonable, issue an order directing the rating organization to make an addition to its filings, on behalf of its members and subscribers, in a manner consistent with his findings, within a reasonable time after the issuance of such order.
If such appeal is based upon the failure of the rating organization to make a filing on behalf of such member or subscriber which is based on a system of expense provisions which differs, in accordance with the right granted in division (B) of section 3937.02 of the Revised Code, from the system of expense provisions included in a filing made by the rating organization, the superintendent shall, if he grants the appeal, order the rating organization to make the requested filing for use by the appellant. In deciding such appeal the superintendent shall apply the standards set forth in division (B) of section 3937.02 of the Revised Code.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3937 | Casualty Insurance; Motor Vehicle Insurance › Section 3937.08 | Rate Information Furnished Insurer Upon Request - Right of Review and Appeal.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Every rating organization, and every insurer which makes its own rates, shall within a reasonable time after receiving written request therefor, and upon payment of such reasonable charge as it may make, furnish to any insured affected by a rate made by it, or to the authorized representative of such insured, all pertinent information as to such rate. Every rating organization and every insurer which makes its own rates shall provide, within this state, reasonable means by which any person aggrieved by the application of its rating system may be heard, in person or by his authorized representative, on his written request to review the manner in which such rating system has been applied in connection with the insurance afforded him.
If the rating organization or insurer fails to grant or reject such request within thirty days after it is made, the applicant may proceed in the same manner as if his application had been rejected. Any party affected by the action of such rating organization or such insurer on such request may, within thirty days after written notice of such action, appeal to the superintendent of insurance, who, after a hearing held upon not less than ten days' written notice to the appellant and to such rating organization or insurer, may affirm or reverse such action.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3937 | Casualty Insurance; Motor Vehicle Insurance › Section 3937.09 | Advisory Organization - Functions - Requirements - Order of Superintendent.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
(A) Every group, association, or other organization of insurers, whether located within or outside this state, which assists insurers which make their own filings or rating organizations in rate making, by the collection and furnishing of loss or expense statistics, or by the submission of recommendations, but which does not make filings under sections 3937.01 to 3937.17, inclusive, of the Revised Code, shall be known as an advisory organization.
(B) Every advisory organization shall file with the superintendent:
(1) A copy of its constitution, articles of agreement or association or certificate of incorporation, and of its bylaws, rules, and regulations governing its activities;
(2) A list of its members;
(3) The name and address of a resident of this state upon whom notices or orders of the superintendent of insurance or process issued at his direction may be served;
(4) An agreement that the superintendent may examine such advisory organization in accordance with section 3937.11 of the Revised Code.
(C) If, after a hearing, the superintendent finds that the furnishing of such information or assistance involves any act or practice which is unfair or unreasonable or otherwise inconsistent with sections 3937.01 to 3937.17, inclusive, of the Revised Code, he may issue a written order specifying in what respects such act or practice is unfair or unreasonable or otherwise inconsistent with such sections, and requiring the discontinuance of such act or practice.
(D) No insurer which makes its own filings and no rating organization shall support its filings by statistics or adopt rate making recommendations, furnished to it by an advisory organization which has not complied with this section or with an order of the superintendent involving such statistics or recommendations issued under division (C) of this section. If the superintendent finds such insurer or rating organization in violation of this division of this section, he may issue an order requiring the discontinuance of such violation.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3937 | Casualty Insurance; Motor Vehicle Insurance › Section 3937.10 | Regulations for Joint Underwriting and Joint Reinsurance.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
(A) Every group, association, or other organization of insurers which engages in joint underwriting or joint reinsurance is subject to regulation with respect thereto as provided in this section, subject, with respect to joint underwriting, to sections 3937.01 to 3937.17, inclusive, of the Revised Code, and, with respect to joint reinsurance, to sections 3937.11 and 3937.15 to 3937.17, inclusive, of the Revised Code.
(B) If, after a hearing, the superintendent of insurance finds that any activity or practice of any such group, association, or other organization is unfair, unreasonable, or otherwise inconsistent with sections 3937.01 to 3937.17, inclusive, of the Revised Code, he may issue a written order specifying in what respects such activity or practice is unfair, unreasonable, or otherwise inconsistent with such sections and requiring the discontinuance of such activity or practice.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3937 | Casualty Insurance; Motor Vehicle Insurance › Section 3937.11 | Examination of Rating Organization.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The superintendent of insurance shall, at least once in five years, make an examination of each rating organization licensed in this state as provided in section 3937.05 of the Revised Code. Such superintendent may, as often as he deems it expedient, make an examination of each advisory organization referred to in section 3937.09 of the Revised Code and of each group, association, or other organization referred to in section 3937.10 of the Revised Code. The reasonable costs of any such examination shall be paid by the rating organization, advisory organization, group, association, or other organization examined upon presentation to it of a detailed account of such costs. The officers, manager, agents, and employees of such rating organization, advisory organization, group, association, or other organization may be examined at any time under oath and shall exhibit all books, records, accounts, documents, or agreements governing its method of operation. In lieu of any such examination the superintendent may accept the report of an examination made by the insurance supervisory official of another state, pursuant to the laws of such state.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3937 | Casualty Insurance; Motor Vehicle Insurance › Section 3937.12 | Report of Loss Experience - Interchange of Rating Plan Data.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Subject to sections 119.01 to 119.13, inclusive, of the Revised Code, the superintendent of insurance may promulgate reasonable rules for the reporting by each insurer of its loss experience, in order that such experience of all insurers may be made available, at least annually, to aid him in determining whether rating systems comply with the standards set forth in division (D) of section 3937.02 of the Revised Code. No insurer shall be required to record or report its loss experience in a manner that differs from that which is regularly employed and maintained in the usual course of such insurer's business. The superintendent may designate one or more rating organizations or other agencies to assist him in gathering such experience and making compilations thereof, and such compilations shall be made available, subject to reasonable rules promulgated by the superintendent, to insurers and rating organizations.
In accordance with sections 119.01 to 119.13, inclusive, of the Revised Code, reasonable rules and plans may be promulgated by the superintendent for the interchange of data necessary for the application of rating plans.
The superintendent and every insurer and rating organization may exchange information and experience data with insurance supervisory officials, insurers, and rating organizations in other states and may consult with them with respect to rate making and the application of rating systems.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3937 | Casualty Insurance; Motor Vehicle Insurance › Section 3937.13 | Agreement for Apportionment of Insurance.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Agreements may be made among insurers with respect to the equitable apportionment among them of insurance which may be afforded applicants who are in good faith entitled to, but who are unable to procure, such insurance through ordinary methods. Insurers may agree among themselves on the use of reasonable rate modifications for such insurance, such agreements and rate modifications to be subject to the approval of the superintendent of insurance.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3937 | Casualty Insurance; Motor Vehicle Insurance › Section 3937.14 | Withholding Information or Making False Statements.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No person or organization shall willfully withhold information from, or knowingly give false or misleading information to, the superintendent of insurance, any statistical agency designated by the superintendent, any rating organization, or any insurer, which will affect the rates or premiums chargeable under sections 3937.01 to 3937.17, inclusive, of the Revised Code. Whoever violates this section shall have its license suspended under the procedure set forth in section 3937.16 of the Revised Code.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3937 | Casualty Insurance; Motor Vehicle Insurance › Section 3937.15 | Insurer May Request Hearing - Review of an Order or Decision of Superintendent.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Any insurer or rating organization aggrieved by any order or decision of the superintendent of insurance made without a hearing, may, within thirty days after notice of the order to the insurer or organization, make written request to the superintendent for a hearing thereon. The superintendent shall hear such party within twenty days after receipt of such request and shall not give less than ten days' written notice of the time and place of the hearing. Within fifteen days after such hearing the superintendent shall affirm, reverse, or modify his previous action, and specify his reasons therefor. Pending such hearing and decision the superintendent may suspend or postpone the effective date of his previous action.
Sections 3937.01 to 3937.17, inclusive, of the Revised Code do not require the observance at any hearing of formal rules of pleading or evidence.
Any order or decision of the superintendent, under such sections, is subject to review by the courts of this state and proceedings on review shall be de novo. No order or decision of the superintendent which is submitted for judicial review may become effective until after final action or decision by the court.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3937 | Casualty Insurance; Motor Vehicle Insurance › Section 3937.16 | License May Be Suspended.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The superintendent of insurance may suspend the license of any rating organization or insurer which fails to comply with an order of the superintendent within the time limited by such order, or any extension thereof which the superintendent may grant.
The superintendent shall not suspend the license of any rating organization or insurer for failure to comply with an order until the time prescribed for an appeal therefrom has expired or if an appeal has been taken, until such order has been affirmed. The superintendent may determine when a suspension of license becomes effective and it shall remain in effect for the period fixed by him, unless he modifies or rescinds such suspension, or until the order upon which such suspension is based is modified, rescinded, or reversed.
No penalty shall be imposed and no license shall be suspended or revoked except upon a written order of the superintendent, stating his findings, made after a hearing held upon not less than ten days' written notice to such person or organization specifying the alleged violation.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3937 | Casualty Insurance; Motor Vehicle Insurance › Section 3937.17 | Interpretation.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Sections 3937.01 to 3937.17, inclusive, of the Revised Code shall be liberally interpreted to the end that insurance rates shall not be excessive, inadequate, or unfairly discriminatory, and co-operative action among insurers in rate making and in other matters within the scope of such sections shall be authorized and regulated. Such sections do no prohibit or discourage reasonable competition, or prohibit or encourage uniformity in insurance rates, rating systems, or rating plans or practices.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3937 | Casualty Insurance; Motor Vehicle Insurance › Section 3937.181 | Property Damage Coverage.

Effective:
October 31, 2001
Latest Legislation:
Senate Bill 97 - 124th General Assembly
(A) No policy of insurance described in division (A) of section 3937.18 of the Revised Code that includes uninsured motorist coverage, underinsured motorist coverage, or both uninsured and underinsured motorist coverages shall be delivered or issued for delivery unless coverage is also made available for damage to, or the destruction of, any motor vehicle specifically identified in the policy, for the protection of those persons insured under the policy who are legally entitled to recover for the damage to or destruction of any motor vehicle specifically identified in the policy from the owner or operator of an uninsured motor vehicle.
(B) The coverage made available under this section need not exceed the lesser of seventy-five hundred dollars or the amount otherwise available from the policy for damages to, or the destruction of, the motor vehicle. The coverage shall be subject to a maximum two-hundred-fifty-dollar deductible. The losses recoverable under this section shall be limited to recovery for that destruction of or damage to the motor vehicle specifically identified in the policy directly caused by an uninsured motor vehicle whose owner or operator has been identified.
(C) If an insured has a policy containing collision coverage covering damages caused by an uninsured motor vehicle, the insured's insurer need not make coverage available under this section.
(D) An insurer making payments to an insured under the coverage offered under division (A) of this section shall be entitled, to the extent of those payments and subject to the terms and conditions of the coverage, to the proceeds of any settlement or judgment resulting from the exercise of any rights of recovery by the insured against the person or organization legally responsible for the injury or destruction of the property, including any amounts recoverable from an insurer that is or becomes the subject of insolvency proceedings, through such proceedings or in any other lawful manner. No insurer shall attempt to recover any amount from the insured of an insurer that is or becomes the subject of insolvency proceedings, to the extent of those rights against the insurer that the insured assigns to the paying insurer.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3937 | Casualty Insurance; Motor Vehicle Insurance › Section 3937.182 | Punitive or Exemplary Damages.

Effective:
October 31, 2001
Latest Legislation:
Senate Bill 97 - 124th General Assembly
(A) As used in this section, "policy" includes an endorsement.
(B) No policy of automobile or motor vehicle insurance that is covered by sections 3937.01 to 3937.17 of the Revised Code, including, but not limited to, the uninsured motorist coverage, underinsured motorist coverage, or both uninsured and underinsured motorist coverages included in such a policy as authorized by section 3937.18 of the Revised Code, and that is issued by an insurance company licensed to do business in this state, and no other policy of casualty or liability insurance that is covered by sections 3937.01 to 3937.17 of the Revised Code and that is so issued, shall provide coverage for judgments or claims against an insured for punitive or exemplary damages.
(C) This section applies only to policies of automobile, motor vehicle, or other casualty or liability insurance as described in division (B) of this section that are issued or renewed on or after the effective date of this section.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3937 | Casualty Insurance; Motor Vehicle Insurance › Section 3937.21 | Insurance Company - Obligation to Defend.

Effective:
September 7, 1970
Latest Legislation:
House Bill 570 - 108th General Assembly
No insurance company issuing a policy of automobile or motor vehicle liability insurance shall be relieved of its contractual obligation to defend its insured against any claim on the basis of coverage for such claim being provided by any other policy, unless the insurer of such other policy has assumed and is performing the obligation to provide such defense. If the company pays to or on behalf of the insured any amount later determined to be due from another insurer it shall be subrogated to all rights of the insured against such insurer.
Any disputes between insurers regarding the obligation to defend shall be settled without expense to the insured by agreement between the insurers involved or, if they fail to agree, by arbitration or a declaratory judgment proceeding.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3937 | Casualty Insurance; Motor Vehicle Insurance › Section 3937.22 | Prohibiting Increase in Cost When Insured Not at Fault.

Effective:
October 20, 1994
Latest Legislation:
Senate Bill 20 - 120th General Assembly
No insurer shall increase the cost of a private passenger automobile insurance policy based on the insured's involvement in a single motor vehicle accident during the policy period 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 no contest to, a violation of law as a result of the accident.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3937 | Casualty Insurance; Motor Vehicle Insurance › Section 3937.23 | Prohibiting Increase in Cost When Insured Not at Fault Involved in Accident With Uninsured Motorist.

Effective:
October 20, 1994
Latest Legislation:
Senate Bill 20 - 120th General Assembly
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 no contest to, a violation of law as a result of the accident.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3937 | Casualty Insurance; Motor Vehicle Insurance › Section 3937.26 | Notice of Nonrenewal of Policy - Contents.

Effective:
September 13, 2004
Latest Legislation:
Senate Bill 187 - 125th General Assembly
(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 policy, a notice of the insurer's intention not to renew the policy.
Such notice shall contain all of the following:
(1) The policy number;
(2) The date of the notice;
(3) The expiration date of the policy.
Such notice of nonrenewal also shall be mailed to the insured's agent.
(B) If the notice of nonrenewal is mailed less than thirty days before the expiration date of the policy, the insured's coverage then in effect remains in effect until thirty days after the date of mailing the notice, unless the insured notifies the insurer in writing that the insured accepts the nonrenewal as stated. The insurer shall notify the insured of the amount of the premium for the time after the expiration date that the coverage may remain in effect, and the insured shall pay such premium unless the insured accepts the stated nonrenewal. The premium must be calculated using the rates originally applicable to the insured's coverage then in effect.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3937 | Casualty Insurance; Motor Vehicle Insurance › Section 3937.27 | Renewal Conditioned Upon Substantial Increase in Premium - Notice.

Effective:
September 13, 2004
Latest Legislation:
Senate Bill 187 - 125th General Assembly
(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, at the insured's last known address, at least thirty days prior to the expiration date of the policy.
(B) If the notice is mailed less than thirty days before the expiration date of the policy, the insured's coverage then in effect remains in effect until thirty days after the date of mailing the notice. The insurer shall notify the insured of the amount of the premium for the time after the expiration date that the existing coverage may remain in effect, and the insured shall pay such premium unless the insured notifies the insurer in writing that the insured does not want the coverage then in effect to be extended past the expiration date. The premium must be calculated using the rates originally applicable to the insured's coverage then in effect.
If the insured accepts the increased premium, such change is effective immediately following the expiration of the insured's coverage then in effect.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3937 | Casualty Insurance; Motor Vehicle Insurance › Section 3937.30 | Automobile Insurance Policy Defined.

Effective:
March 22, 2013
Latest Legislation:
House Bill 278 - 129th General Assembly
(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 person;
(b) A husband and wife resident in the same household;
(c) Either a husband or a wife who reside in the same household if an endorsement on the policy excludes the other spouse from coverage under the policy and the spouse excluded signs the endorsement. Nothing in division (A)(2)(c) of this section shall prevent the issuance of separate policies to each spouse or affect the compliance of the policy with Chapter 4509. of the Revised Code as to the named insured or any additional insured.
(3) Does not cover garage, automobile sales agency, repair shop, service station, or public parking operation hazards;
(4) Is not issued under an assigned risk plan pursuant to section 4509.70 of the Revised Code.
(B) For purposes of this section, "motor vehicle," means a self-propelled vehicle designed for and principally used on public roads, including an automobile, truck, motorcycle, and a motor home, provided the motor home is not stationary and is not being used as a temporary or permanent residence or office. "Motor vehicle" does not include a trailer, motorized bicycle, golf cart, off-road recreational vehicle, snowmobile, watercraft, construction equipment, farm tractor or other vehicle designed and principally used for agricultural purposes, mobile home, vehicle traveling on treads or rails, or any similar vehicle.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3937 | Casualty Insurance; Motor Vehicle Insurance › Section 3937.32 | Notice of Cancellation.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
(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 information upon which it is based, or a statement that such explanation will be furnished to the insured in writing within five days after receipt of the insured's written request therefor to the insurer;
(5) Where cancellation is for nonpayment of premium at least ten days notice from the date of mailing of cancellation accompanied by the reason therefor shall be given;
(6) A statement that if there is cause to believe such cancellation is based on erroneous information, or is contrary to law or the terms of the policy, the insured is entitled to have the matter reviewed by the superintendent of insurance, upon written application to the superintendent made not later than the effective date of cancellation of the policy.
(B) An insurer may include a notice of cancellation for nonpayment of premium with a billing notice. Subject to division (A)(5) of this section, such a cancellation is effective on or after the due date of the bill.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3937 | Casualty Insurance; Motor Vehicle Insurance › Section 3937.33 | Cancellation Procedure.

Effective:
March 22, 2013
Latest Legislation:
House Bill 278 - 129th General Assembly
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 premium, does not contain an explanation of the reason for cancellation and the information upon which it is based, the insurer shall, within five days after receipt of the written request therefor by the insured, furnish explanation to the insured in writing. Prior to the effective date of cancellation, the insurer shall refund to the insured any premium and other sums which may be due the insured.
Upon compliance by the insurer with all requirements of this section, such automobile insurance policy is cancelled on the effective date stated in the notice of cancellation, except as otherwise provided in section 3937.35 of the Revised Code. In the event of the insurer's failure to comply with any requirement of this section, such cancellation shall be ineffective and the policy shall continue in force until such time as it is cancelled or otherwise terminated pursuant to law and the terms of the policy.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3937 | Casualty Insurance; Motor Vehicle Insurance › Section 3937.34 | Notice of Nonrenewal of Policy - Contents.

Effective:
March 22, 2013
Latest Legislation:
House Bill 278 - 129th General Assembly
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;
(D) An explanation of the reason for nonrenewal and the information upon which it is based, or a statement that such explanation will be furnished to the insured in writing within five days after receipt of the insured's written request therefor to the insurer.
Upon compliance by the insurer with all requirements of this section, such automobile insurance policy expires on the expiration date stated in the policy and notice of intention not to renew.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3937 | Casualty Insurance; Motor Vehicle Insurance › Section 3937.35 | Cancellation Review by Superintendent of Insurance.

Effective:
March 22, 2013
Latest Legislation:
House Bill 278 - 129th General Assembly
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 contrary to law or the terms of the policy, the superintendent shall determine whether such cancellation is effective and shall give written notice of such finding to the insured and the insurer.
If the superintendent finds that such cancellation is in accordance with law and the terms of the policy, the superintendent shall issue a written finding approving such cancellation in such case.
If, upon review, the superintendent finds that such cancellation is contrary to law or the terms of the policy, the superintendent shall issue a written finding disapproving the cancellation and stating in what particulars the same is improper. In such case, the policy continues in force as provided in section 3937.33 of the Revised Code if the insured tenders to the insurer within ten days any premium refund made by the insurer.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3937 | Casualty Insurance; Motor Vehicle Insurance › Section 3937.36 | Immunity.

Effective:
January 1, 1970
Latest Legislation:
Senate Bill 334 - 108th General Assembly
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 nonrenewal of any automobile insurance policy, or in connection with advising an insured or his attorney of the reasons for refusal to write any such insurance, for a cancellation or nonrenewal, or in connection with any administrative or judicial proceeding arising out of or related to such cancellation or nonrenewal.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3937 | Casualty Insurance; Motor Vehicle Insurance › Section 3937.37 | Prohibiting Requirement of Disclosure.

Effective:
January 1, 1970
Latest Legislation:
Senate Bill 334 - 108th General Assembly
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.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3937 | Casualty Insurance; Motor Vehicle Insurance › Section 3937.38 | Prohibiting Failure to Renew Because of Age.

Effective:
January 1, 1970
Latest Legislation:
Senate Bill 334 - 108th General Assembly
No insurer shall fail to renew an automobile insurance policy solely because of the age attained by the insured.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3937 | Casualty Insurance; Motor Vehicle Insurance › Section 3937.39 | Prohibiting Discrimination.

Effective:
January 1, 1970
Latest Legislation:
Senate Bill 334 - 108th General Assembly
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.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3937 | Casualty Insurance; Motor Vehicle Insurance › Section 3937.411 | Tickets for Civil Violations.

Effective:
March 23, 2015
Latest Legislation:
Senate Bill 342 - 130th General Assembly
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 premium rate, canceling, or failing to renew an existing policy of insurance upon a private automobile.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3937 | Casualty Insurance; Motor Vehicle Insurance › Section 3937.44 | All Claims Resulting From One Person's Bodily Injury Subject to Limit of Policy Applicable to Bodily Injury.

Effective:
October 20, 1994
Latest Legislation:
Senate Bill 20 - 120th General Assembly
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 one person's bodily injury, including death, shall collectively be subject to the limit of the policy applicable to bodily injury, including death, sustained by one person, and, for the purpose of such policy limit shall constitute a single claim. Any such policy limit shall be enforceable regardless of the number of insureds, claims made, vehicles or premiums shown in the declarations or policy, or vehicles involved in the accident.