reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3937 | Casualty Insurance; Motor Vehicle Insurance › Section 3937.45 | Prohibiting Consideration of Vehicle Weight Violations.

Effective:
September 16, 2004
Latest Legislation:
House Bill 230 - 125th General Assembly
(A) No insurer shall consider the circumstance that an applicant or policyholder has been convicted of any violation of the weight provisions of Chapter 5577. of the Revised Code, or a substantially similar municipal ordinance relating to vehicle weight as a basis for doing either of the following:
(1) Refusing to issue or deliver a policy of insurance upon a private automobile, or increasing the rate to be charged for such a policy;
(2) Increasing the premium rate, canceling, or failing to renew an existing policy of insurance upon a private automobile.
(B) Any applicant or policyholder affected by an action of an insurer in violation of division (A) of this section may appeal to the superintendent of insurance. After a hearing held upon not less than ten days' notice to the applicant or policyholder and to the insurer and after determining that the insurer has violated this section, the superintendent may direct the issuance of a policy, decrease the premium rate on a policy, or reinstate insurance coverage.
(C) The registrar shall not include the conviction for a violation of the weight provisions of Chapter 5577. of the Revised Code, or a substantially similar municipal ordinance relating to vehicle weight as part of the driver's or operator's permanent record and shall not include the conviction in a certified abstract of information under division (A) of section 4509.05 of the Revised Code.
(D) Division (A) of this section does not apply to an insurer whose policy covers the vehicle, trackless trolley, load, object, or structure operated or moved upon improved public highways, streets, bridges, or culverts in violation of the weight provisions of Chapter 5577. of the Revised Code, or a substantially similar municipal ordinance relating to vehicle weight.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3937 | Casualty Insurance; Motor Vehicle Insurance › Section 3937.46 | Applicability of Intrafamily Liability Exclusion Against Owner or Operator of Motor Vehicle in Action for Wrongful Death.

Effective:
March 22, 2013
Latest Legislation:
House Bill 278 - 129th General Assembly
(A) An intrafamily liability exclusion shall not apply or be enforced by an insurer against the owner or operator of a motor vehicle in a claim or in a suit for damages made against the owner or operator under Chapter 2125. of the Revised Code.
(B) The prohibition included in division (A) of this section does not apply if both of the following conditions are met:
(1) The policy providing the liability coverage in question includes uninsured-underinsured motorist coverage pursuant to section 3937.18 of the Revised Code;
(2) Such an intrafamily claim is not precluded by an intrafamily exclusion in the uninsured-underinsured motorist coverage in question.
(C) As used in this section:
(1) "Intrafamily liability exclusion" means any provision included in an automobile insurance policy that excludes liability insurance coverage for the owner or operator of a motor vehicle against a claim for injury or death suffered by a family member of that owner or operator.
(2) "Automobile insurance policy" has the same meaning as in section 3937.30 of the Revised Code.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3937 | Casualty Insurance; Motor Vehicle Insurance › Section 3937.47 | Cancellation of Personal Lines Insurance.

Effective:
March 20, 2019
Latest Legislation:
Senate Bill 273 - 132nd General Assembly
(A) As used in this section, "personal lines insurance" means any policy of insurance issued to a natural person for personal or family protection, including basic property, dwelling fire, homeowner's, tenant's, inland marine, personal liability, and personal umbrella liability coverage.
(B) When the reason for cancellation of a personal lines insurance policy is nonpayment of premium, the effective date of cancellation shall be not less than ten days from the date the notice was mailed.
(C) An insurer may include a notice of cancellation of a personal lines insurance policy for nonpayment of premium with a billing statement. Subject to division (B) 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 3937.99 | Penalty.

Effective:
September 26, 1984
Latest Legislation:
Senate Bill 2 - 115th General Assembly
(A) Whoever purposely violates sections 3937.01 to 3937.17 of the Revised Code shall be fined not more than five hundred dollars.
(B) Whoever violates division (I) of section 3937.42 of the Revised Code is guilty of a misdemeanor of the fourth degree.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3938 | Certificates of Insurance Act › Section 3938.01 | Definitions.

Effective:
March 23, 2016
Latest Legislation:
House Bill 259 - 131st General Assembly
(A) This chapter may be cited as the "Certificates of Insurance Act."
(B) As used in this chapter:
(1) "Certificate of insurance" means a document or instrument, regardless of how titled or described, that is prepared or issued by an insurer or insurance agent licensed under Chapter 3905. of the Revised Code to verify the existence of property or casualty insurance coverage. "Certificate of insurance" includes a document issued to a person as verification of the existence of coverage under a master policy. "Certificate of insurance" does not include a policy of insurance, insurance binder, policy endorsement, or automobile identification card, or any document used to provide proof of financial responsibility for purposes of Chapter 4509. of the Revised Code.
(2) "Certificate holder" means any person, other than a policyholder, that requests, obtains, or possesses a certificate of insurance.
(3) "Person" has the same meaning as in section 1.59 of the Revised Code and includes a limited liability company, the state, and all political subdivisions, authorities, agencies, boards, and commissions of the state.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3938 | Certificates of Insurance Act › Section 3938.02 | Nature of Certificate.

Effective:
March 23, 2016
Latest Legislation:
House Bill 259 - 131st General Assembly
A certificate of insurance is not a policy of insurance and does not affirmatively or negatively amend, extend, or alter the coverage afforded by the policy to which the certificate of insurance refers. A certificate of insurance shall not confer to any person new or additional rights beyond what the referenced policy of insurance expressly provides.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3938 | Certificates of Insurance Act › Section 3938.03 | Language Prohibited.

Effective:
March 23, 2016
Latest Legislation:
House Bill 259 - 131st General Assembly
(A) A certificate of insurance shall not include language that does either of the following:
(1) Is unfair, misleading, or deceptive or that violates public policy;
(2) Violates any law or any rule adopted by the superintendent of insurance.
(B) A certificate of insurance shall not guarantee that the policy of insurance referenced in the certificate complies with the requirements for a policy of property or casualty insurance under Title XXXIX of the Revised Code. The inclusion of a contract number or policy description in a certificate of insurance is not proof of such a guarantee.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3938 | Certificates of Insurance Act › Section 3938.04 | False Information; Alteration of Policy.

Effective:
March 23, 2016
Latest Legislation:
House Bill 259 - 131st General Assembly
No person shall do either of the following:
(A) Prepare, issue, request, or require a certificate of insurance that contains any false or misleading information concerning the policy of insurance referenced in the certificate of insurance;
(B) Prepare, issue, request, or require a certificate of insurance that affirmatively or negatively alters, amends, or extends the coverage provided by the policy of insurance referenced in the certificate of insurance.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3938 | Certificates of Insurance Act › Section 3938.05 | Right to Notice of Cancellation or Nonrenewal of Insurance Policy.

Effective:
March 23, 2016
Latest Legislation:
House Bill 259 - 131st General Assembly
A certificate holder shall be entitled to notice of cancellation or nonrenewal or any similar notice concerning a policy of insurance only if the certificate holder is named within the policy or any endorsement to the policy and the policy or endorsement requires notice to be provided to the certificate holder. The terms and conditions of the notice, including the required timing of the notice, are governed by the policy of insurance and cannot be altered by a certificate of insurance.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3938 | Certificates of Insurance Act › Section 3938.06 | Applicability of Chapter.

Effective:
March 23, 2016
Latest Legislation:
House Bill 259 - 131st General Assembly
The provisions of this chapter shall apply to all certificates of insurance issued in connection with property and casualty risks located in this state, regardless of where the policyholder, insurer, insurance agent, or person requesting the certificate of insurance is located.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3938 | Certificates of Insurance Act › Section 3938.08 | Violation; Penalty.

Effective:
March 23, 2016
Latest Legislation:
House Bill 259 - 131st General Assembly
(A) No person shall fail to comply with sections 3938.01 to 3938.07 of the Revised Code. If the superintendent of insurance determines that any person has violated sections 3938.01 to 3938.07 of the Revised Code, the superintendent may take one or more of the following actions:
(1) Issue an order requiring the person to cease and desist from the actions constituting the violation;
(2) Assess a civil penalty not to exceed one thousand dollars per violation.
(B) The superintendent may investigate the activities of any person the superintendent reasonably believes has engaged in or is engaging in an act or practice prohibited by this chapter.
(C) Before imposing a penalty under division (A) of this section, the superintendent shall give the person notice and opportunity for a hearing as described in Chapter 119. of the Revised Code.
(D) The superintendent shall deposit any penalties assessed under division (A) of this section into the state treasury to the credit of the department of insurance operating fund created in section 3901.021 of the Revised Code.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3939 | Mutual Protective Insurance Upon Property › Section 3939.02 | Contents of Certificate of Incorporation.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Persons forming an association under section 3939.01 of the Revised Code shall make and subscribe a certificate setting forth therein:
(A) The name by which the association is to be known;
(B) The place which is regarded as its center or business office;
(C) The object of the association, which shall only be one or more of the objects set forth in section 3939.01 of the Revised Code, and the enforcement of any contract entered into by such persons in which the parties agree to be assessed specifically for incidental purposes and for the payment of losses which occur to its members;
(D) The kinds of property proposed to be insured and the casualties specified in section 3939.01 of the Revised Code which are proposed to be insured against.
Such certificate may be amended to change the name of the association, the place which is regarded as its center or business office, or its objects, at any meeting of members, thirty days' notice of which, and of the business to come before it, has been given by a majority of the directors in a newspaper published and of general circulation in the county where the company's center or business office is located. Such amendment, if adopted by at least three fifths vote of the members present and voting at the meeting so called, and if not inconsistent with the constitution and laws of this state and of the United States, shall be approved by the attorney general and the secretary of state, and such amendment and the certificate of approval by the attorney general shall be filed in the office of the secretary of state and shall thereupon be in effect. After recording such amendment the secretary of state shall deposit a copy thereof with the superintendent of insurance.
In event of a change of name of the association or a change of the place of the center or business office, the superintendent, immediately upon the approval by him of such change, shall certify the fact of such change to the secretary of state, who shall make note thereof on the files of his office relating to such association.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3939 | Mutual Protective Insurance Upon Property › Section 3939.03 | Filing of Certificate.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The certificate required by section 3939.02 of the Revised Code shall be filed in the office of the secretary of state. A copy thereof, certified by him, shall be evidence of the existence and incorporation of the association for the purposes therein named.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3939 | Mutual Protective Insurance Upon Property › Section 3939.04 | Directors and Officers.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When the certificate required by section 3939.02 of the Revised Code has been filed with the secretary of state, and a certified copy forwarded to the association, the persons named therein shall elect their directors, president, secretary, treasurer, and other officers necessary for the complete performance of all the business and objects of the association, to serve for one year. Such officers thereafter shall be chosen in the manner and at the time fixed in the constitution, but directors shall not be chosen for a longer period than three years.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3939 | Mutual Protective Insurance Upon Property › Section 3939.05 | Powers of Association.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
An association organized under section 3939.01 of the Revised Code shall be considered as a body corporate for all the purposes set forth in the certificate required by section 3939.02 of the Revised Code, and may sue and be sued, and plead and be impleaded, in all courts of law and equity, but in no instance shall the power to insure against losses by fire or tornadoes be exercised to other than members of such association.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3939 | Mutual Protective Insurance Upon Property › Section 3939.06 | Constitution and Bylaws.

Effective:
October 12, 2006
Latest Legislation:
House Bill 442 - 126th General Assembly
Every association organized under section 3939.01 of the Revised Code shall adopt a constitution, whether designated a constitution, constitution and bylaws, regulations, or code of regulations, that in the judgment of its members best serves its interests and purposes. The constitution may include provisions set forth in section 1702.11 of the Revised Code.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3939 | Mutual Protective Insurance Upon Property › Section 3939.07 | Information Filed With Superintendent of Insurance.

Effective:
October 12, 2006
Latest Legislation:
House Bill 442 - 126th General Assembly
Before granting insurance, an association organized under section 3939.01 of the Revised Code shall file with the superintendent of insurance a copy of its articles of incorporation, certified by the secretary of state, a copy of its constitution adopted under section 3939.06 of the Revised Code, and forms of certificates of membership or insurance. If the superintendent finds that the association was properly organized and has complied with the law, the superintendent shall issue to it a certificate reciting that compliance. The certificate shall be the authority of the association to commence business and grant insurance.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3939 | Mutual Protective Insurance Upon Property › Section 3939.08 | Renewal of Certificate.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Upon the filing of its annual statement by an association organized under section 3939.01 of the Revised Code, the superintendent of insurance, annually, shall issue to such association a renewal of the certificate issued under section 3939.07 of the Revised Code, if he finds that such association has complied with the law. For each such certificate and renewal every association shall pay five dollars to the superintendent for the use of the state.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3939 | Mutual Protective Insurance Upon Property › Section 3939.09 | Annual Statement.

Effective:
October 12, 2006
Latest Legislation:
House Bill 442 - 126th General Assembly
The president or vice-president and the secretary of every association organized under section 3939.01 of the Revised Code, annually on the first day of January or within sixty days after the first day of January, shall prepare under oath and deposit in the office of the superintendent of insurance a statement of the condition of the association on the thirty-first day of the preceding December, exhibiting the facts enumerated in section 3929.30 of the Revised Code and applicable to associations organized under section 3939.01 of the Revised Code, and any other information necessary to reveal the financial condition of the association that the superintendent requires. That statement shall be rendered in a printed form to be supplied by the superintendent for that purpose.
Every association organized under section 3939.01 of the Revised Code that fails to make and deposit the statement described in this section, or to reply to any inquiry of the superintendent, shall be subject to a forfeiture of five hundred dollars and shall be subject to an additional forfeiture of five hundred dollars for every month that it continues to transact any business of insurance after that failure.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3939 | Mutual Protective Insurance Upon Property › Section 3939.10 | Reorganization of Mutual Fire Insurance Associations as Companies.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Any mutual fire insurance association organized under section 3939.01 of the Revised Code, which is doing business and which has the number of policies and amount of insurance in force, and the amount of assets required, in order to organize a mutual fire insurance company, may reorganize as a mutual fire insurance company in the following manner:
(A) The board of trustees of such association shall give notice of its intention to reorganize, for a period of at least three consecutive weeks before application is made, by publication in a newspaper of general circulation which is published in the county where the association's principal office is situated.
(B) The board shall make application to the superintendent of insurance respecting its desire to assume the requirements of the laws governing mutual fire insurance companies organized and doing business under the laws of this state. Such application shall set forth the amount of insurance carried, the number of policies in force, and the amount of its assets and liabilities.
If by examination of the condition of such association, or otherwise, the superintendent is satisfied that it possesses the required amount of assets, and the number and amount of policies in force required to organize a mutual fire insurance company, he shall certify such fact upon a certificate of incorporation containing the requisite statements required to incorporate a mutual fire insurance company. Such certificate, properly executed, shall be delivered to the secretary of state, who shall record it and issue his certificate of incorporation as in other cases for change of name, capital, or location of an incorporated company, charging only such fees therefor as are authorized in other cases for change in capital or location of company.
Thereafter the business of such fire insurance association shall be conducted as that of a mutual fire insurance company, and shall be subject to all laws governing mutual fire insurance companies. All members of such association shall be members of such reorganized company, to the time of the expiration or cancellation of their policies, and shall be entitled to all the benefits of such, precisely as if they were original members thereof, without any exchange of policies or contracts.
After such change in the plan of insurance by such association and the organization of such mutual fire insurance company, policies thereafter issued shall be in the name and by the authority of the newly organized company, and the policies previously in force, and the bylaws, rules, and regulations of such association, if not in conflict with the laws governing mutual fire insurance companies, shall remain in full force until they have terminated or been lawfully changed by the company or its board of directors.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3939 | Mutual Protective Insurance Upon Property › Section 3939.11 | Financial Capacity of Mutual Protective Association.

Effective:
October 12, 2006
Latest Legislation:
House Bill 442 - 126th General Assembly
In determining the financial capacity of a mutual protective association organized under section 3939.01 of the Revised Code, the superintendent of insurance may take into consideration factors that include, but are not limited to, all of the following:
(A) Any reinsurance arrangements of the association with authorized insurers in this state;
(B) The amount of contracts or policies of insurance of the association that are written and in force;
(C) Any other measure of financial capacity of the association that the superintendent considers appropriate.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3941 | Operation of Mutual Insurance Companies › Section 3941.01 | Operation of Mutual Insurance Company Definitions.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
As used in sections 3941.01 to 3941.34, inclusive, of the Revised Code:
(A) "Company" includes corporations and associations.
(B) "Domestic" designates companies organized under the laws of this state.
(C) "Foreign" designates companies organized under the laws of another state or territory.
(D) "Alien" designates companies organized under the laws of any country other than the United States, or some state, province, or territory of such country.
(E) "Surplus" or "net assets" means the funds and assets, invested as required or permitted by the laws of the state, territory, or district where the company is organized, in excess of all liabilities including unearned premium reserve, but excluding from such assets all contingent liabilities of policyholders or members.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3941 | Operation of Mutual Insurance Companies › Section 3941.03 | Amendment of Articles.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The articles of incorporation of a domestic mutual company may be amended at any meeting of members, thirty days' notice of which, and of the business to come before it, has been given by a majority of the directors in a newspaper published and of general circulation in the county where the company's principal place of business is located. Such amendment, if adopted by at least three-fifths vote of the members present and voting at the meeting so called if not inconsistent with the constitution and laws of this state, and of the United States, shall be approved by the attorney general and secretary of state. Such amendment and the certificate of approval by the attorney general shall be filed in the office of the secretary of state, and shall thereupon be in effect. After recording such amendment the secretary of state shall deposit a copy thereof with the superintendent of insurance.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3941 | Operation of Mutual Insurance Companies › Section 3941.04 | Bond Prerequisite to Solicitation for Insurance or Acceptance of Premiums.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No domestic mutual company shall solicit applications for insurance, or accept premiums, until it has filed with the superintendent of insurance its bond, with sureties, in the sum of ten thousand dollars, conditioned upon the faithful accounting for all funds and property which it may receive or possess, or until it has procured the certificate of the superintendent approving such bond and the sureties thereon. The premiums received on subscriptions for insurance shall be held by the company in trust for the respective subscribers until policies of insurance are issued to them.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3941 | Operation of Mutual Insurance Companies › Section 3941.05 | Legal Existence of Company - Power of Original Incorporators - Directors.

Effective:
June 18, 2002
Latest Legislation:
Senate Bill 171 - 124th General Assembly
A domestic mutual company has legal existence, subject to the limitations prescribed in sections 3941.01 to 3941.34 of the Revised Code, from the filing of its articles of incorporation with the secretary of state. The original incorporators may fix and call the first meeting and adopt bylaws which thereupon shall be filed with the superintendent of insurance, and may elect the first officers and directors who shall continue in office until the first annual meeting of the members. The number of directors shall not be less than five nor more than twenty-one. The number of directors may be increased or diminished between the same limits by amendment of the code of regulations or bylaws pursuant to section 3941.09 of the Revised Code, if the number of directors is included in the code of regulations or bylaws of the mutual company, or pursuant to a vote of the majority of the members voting, in person or by proxy, at a meeting, if the number of directors is included in the articles of incorporation of the mutual company. No reduction in the number of directors shall of itself have the effect of shortening the term of any incumbent director.
If a mutual company's code of regulations or bylaws so provide, a mutual company may elect directors for a term of three years, the term of office of one third of the number elected to expire each year, and those who receive the highest number of votes at the first election to serve the longest term. The directors of a mutual company may choose, by ballot, a president of the company and also fill vacancies that arise in the board, or in the presidency of the company.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3941 | Operation of Mutual Insurance Companies › Section 3941.06 | Conditions for Issuance or Renewal of License.

Effective:
August 8, 1991
Latest Legislation:
Senate Bill 137 - 119th General Assembly
No domestic mutual company shall issue policies or effect insurance until the superintendent of insurance has licensed it to do so; nor shall the license be issued or renewed unless the company complies, as to each kind of insurance that it effects, with the following conditions:
(A) It shall hold bona fide applications for insurance upon which it shall issue simultaneously, or it shall have in force, at least twenty policies to at least twenty members for the same kind of insurance upon not less than one hundred separate risks, each within the maximum single risk described in division (B) of this section.
(B) "The maximum single risk" shall not exceed twenty per cent of the admitted assets or three times the average risk or one per cent of the insurance in force, whichever is greater, any reinsurance taking effect simultaneously with the policy being deducted in determining the maximum single risk.
(C) It shall have collected a premium upon each application, which premium shall be held in cash or securities in which insurance companies are authorized to invest and shall be equal, in case of fire insurance to not less than twice the maximum single risk assumed subject to one fire, and in any other kind of insurance to not less than five times the maximum single risk assumed, nor shall the admitted assets in any case be less than two hundred thousand dollars. The requirement of admitted assets of not less than two hundred thousand dollars does not apply to any mutual fire insurance association organized under section 3939.01 of the Revised Code or to the renewal of licenses of any companies organized prior to September 1, 1961, under section 3941.02 of the Revised Code and licensed by the superintendent. Any mutual fire insurance association organized under section 3939.01 of the Revised Code, in order to reorganize as a mutual fire insurance company in accordance with section 3939.10 of the Revised Code, shall have assets as follows:
(1) Not less than fifty thousand dollars if authorized to transact the kind of insurance described in division (A)(1), (2), or (7) of section 3929.01 of the Revised Code;
(2) Not less than fifty thousand dollars if authorized to transact the kind of insurance described in division (A)(3), (4), (5), (6), (8), (9), (10), (11), (12), (13), (14), (15), (16), (17), (18), (21), (22), (23), (24), (25), or (26), of section 3929.01 of the Revised Code;
(3) Not less than one hundred thousand dollars if authorized to transact the kind of insurance described in division (A)(19) or (20) of section 3929.01 of the Revised Code.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3941 | Operation of Mutual Insurance Companies › Section 3941.07 | Every Policyholder a Member.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Every policyholder of a domestic mutual company is a member while his policy is in force, and is entitled to one vote, and no more.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3941 | Operation of Mutual Insurance Companies › Section 3941.08 | Advance Cash Premiums.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A domestic mutual company may, in its articles of incorporation, or in its bylaws, provide for a cash premium payable in advance and a contingent liability of the policyholder of not less than one, nor more than ten times the cash premium in each policy, and may further provide for policies not exceeding on any one risk five per cent of the company's assets, to be issued for cash premiums payable in advance without contingent liability of the policyholder.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3941 | Operation of Mutual Insurance Companies › Section 3941.09 | Amendment of Bylaws.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The bylaws of a domestic mutual company may be amended at any meeting of the board of directors. Such amendment does not become effective unless it is approved by the superintendent of insurance.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3941 | Operation of Mutual Insurance Companies › Section 3941.10 | Maximum Premium - Cash Premium.

Effective:
October 1, 1953
Latest Legislation:
House Bill 100 - 100th General Assembly
The maximum premium payable by any member of a domestic mutual company may be a cash premium and an additional contingent premium not less than the cash premium, or may be solely a cash premium. No policy shall be issued for a cash premium without an additional contingent premium unless the company has a surplus which is not less in amount than the capital stock required of domestic stock insurance companies transacting the same kind of insurance.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3941 | Operation of Mutual Insurance Companies › Section 3941.11 | Stipulation or Provision as to Contingent Liability.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Every domestic mutual company shall set forth in every insurance policy it issues upon a cash premium and contingent liability, either a stipulation of the contingent liability of the policyholder or the provision in the articles of incorporation or bylaws fixing the contingent liability. Such contingent liability shall cease with the expiration of the time for which a cash premium has been paid in advance, except for liability incurred during said time.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3941 | Operation of Mutual Insurance Companies › Section 3941.12 | Investment of Assets.

Effective:
September 30, 1955
Latest Legislation:
Senate Bill 386 - 101st General Assembly
No domestic mutual company shall invest any of its assets otherwise than as provided for the investment of assets of domestic insurance companies other than life. In computing the assets, liabilities, and surplus of such company, no contingent liability or unauthorized investments shall be considered.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3941 | Operation of Mutual Insurance Companies › Section 3941.14 | Expense Shall Not Exceed Forty per Cent of Premium Income.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Subsequent to the first calendar year after organization, the expense of management of any domestic mutual company shall not exceed in any one calendar year forty per cent of its premium income in such year; provided that the income on policies issued on the premium note or assessment plan shall be computed according to the annual basic premium.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3941 | Operation of Mutual Insurance Companies › Section 3941.15 | Assessment by Impaired Company.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Any domestic mutual company having a contingent liability which is not possessed of assets above its unearned premium sufficient for the payment of incurred losses and expenses is deemed to be impaired and shall make an assessment for the amount needed to pay such losses and expenses upon its members liable to assessment, in proportion to and within the limits of their several liabilities.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3941 | Operation of Mutual Insurance Companies › Section 3941.16 | Issuance of Policies by Impaired Company.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If the impairment of a domestic mutual company is not more than twenty-five per cent of such company's reinsurance reserve fund, computed according to law, the superintendent of insurance may permit it to continue to issue policies for such period, not exceeding ninety days, as he designates.
If such impairment is not restored within the period designated, or exceeds twenty-five percent of such reinsurance reserve, no such company shall issue new policies until such impairment is restored and until authorized to do so by the superintendent or by a court in a proper proceeding.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3941 | Operation of Mutual Insurance Companies › Section 3941.17 | Record of the Order of Assessment.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Every domestic mutual company shall record in a book kept for that purpose the order for an assessment required by section 3941.15 of the Revised Code, with a statement which sets forth the condition of the company at the date of the order, the amount of its assets and of its deposit notes or other contingent funds liable to the assessment, the amount which the assessment calls for, and the particular losses or other liabilities which it is to provide for. The record shall be made and signed by the directors who voted for the order before any part of the assessment is collected, and any person liable to the assessment may inspect and take a copy of the same.
Each policyholder is liable to pay his proportional part of any assessments which may be laid by the company in accordance with law and his contract, on account of losses and expenses incurred while he was a member, if he is notified of such assessment within one year after the expiration or cancellation of his policy. When an assessment is ordered, the directors shall forthwith cause written notice and demand for payment to be made upon each person subject thereto, by mail or personal service.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3941 | Operation of Mutual Insurance Companies › Section 3941.19 | Personal Liability of Trustees or Directors.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The trustees or directors of any domestic mutual company are personally liable for any loss upon risks taken after the superintendent of insurance has issued his requisition to restore any deficiency in the assets and before such deficiency is restored. This section does not require any mutual fire insurance company, doing business on the premium note plan, to keep on hand any cash reinsurance reserve or funds invested in securities, other than their premium notes, when the premium notes amount in gross to three per cent of the amount at risk by the company.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3941 | Operation of Mutual Insurance Companies › Section 3941.20 | Admission of a Foreign Company.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A foreign mutual company shall be admitted to transact the kinds of insurance authorized by its charter or articles of incorporation to the extent and with the privileges and powers permitted by law to domestic mutual companies when such company is solvent and shall transact its business according to the requirements of law applicable to like domestic mutual insurance companies.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3941 | Operation of Mutual Insurance Companies › Section 3941.21 | Alien Mutual Company Admitted to Do Business.

Effective:
September 29, 1961
Latest Legislation:
Senate Bill 93 - 104th General Assembly
An alien mutual company, transacting the business of insurance authorized in sections 3941.01 to 3941.34, inclusive, of the Revised Code, on the mutual plan, in accordance with the laws of the country, state, or province in which it was organized, may be admitted to transact such business within this state upon complying with the laws applicable to it when its assets, invested according to the laws of the state where its assets are held in the United States, pledged for the payment of its liabilities in the United States, exceed its liabilities in the United States by three hundred thousand dollars.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3941 | Operation of Mutual Insurance Companies › Section 3941.22 | Revocation of License of Foreign or Alien Company.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Whenever the superintendent of insurance finds that any foreign or alien mutual company doing business in this state does not have the qualifications required of such company for admission to this state, or that it has not complied with the law, he may revoke its license to transact business in this state.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3941 | Operation of Mutual Insurance Companies › Section 3941.23 | Every Domestic, Foreign, or Alien Company Shall Contain the Word Mutual.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The name of every domestic, foreign, and alien mutual company shall contain the word "mutual."
This section does not apply to any company licensed prior to May 22, 1914, to do business in this state, whose name did not contain the word "mutual," as of said date unless it issues policies which are subject to contingent liability or assessment.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3941 | Operation of Mutual Insurance Companies › Section 3941.24 | Company Having Name Similar to That of Another Not Permitted.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No domestic, foreign, or alien mutual company may transact business in this state if its name is so similar to any name already in use by any company organized or doing business in the United States as to be confusing or misleading to the public, unless the company whose name is so similar consents thereto. The superintendent of insurance and the secretary of state shall determine all questions respecting such similarity of names, and if they fail to agree, the attorney general shall determine whether any proposed name may be adopted or used.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3941 | Operation of Mutual Insurance Companies › Section 3941.25 | Retaliatory Law Shall Not Apply.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No retaliatory law of this state, relating to insurance companies, shall apply to any mutual company organized under the laws of any state which has a similar law exempting mutual fire insurance companies from the retaliatory laws of such state.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3941 | Operation of Mutual Insurance Companies › Section 3941.26 | Application of Other Laws.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The laws of this state governing corporations and the laws relating to insurance, to the extent they are applicable to any mutual companies and not in conflict with sections 3941.01 to 3941.34, inclusive, of the Revised Code, are hereby made specifically applicable to such mutual companies.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3941 | Operation of Mutual Insurance Companies › Section 3941.27 | Companies and Associations Not Affected.

Effective:
October 12, 2006
Latest Legislation:
House Bill 442 - 126th General Assembly
Sections 3941.01 to 3941.29 of the Revised Code do not affect any company doing business within this state on the premium note plan or any mutual protective association organized or doing business under sections 3939.01 to 3939.11 of the Revised Code, unless that company or association elects to reorganize under sections 3941.01 to 3941.29 of the Revised Code. The sections repealed by Volume 104, Ohio Laws, page 208, section 28, shall remain in force, so far as applicable, to any such company or association not so electing.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3941 | Operation of Mutual Insurance Companies › Section 3941.28 | Companies Deemed to Be Organized Under Laws of This State.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Every mutual fire insurance company created by or organized under a general or special law of this state, and doing business in this state upon or without the premium note plan, which by its policy, bylaws, or public statements of its financial affairs claims the benefit of the guarantee fund or the contingent liability of its policyholders as provided for in sections 3941.01 to 3941.34, inclusive, of the Revised Code, shall be held as having organized under the laws of this state and be governed by the portions thereof as applicable to such company.
Last updated February 23, 2022 at 3:20 PM
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3941 | Operation of Mutual Insurance Companies › Section 3941.29 | Refusal to Make Report Forfeits Charter.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Any mutual company which neglects to make and forward to the superintendent of insurance an annual report of its affairs, as required by law, or refuses to allow him free access to its books and papers, and to investigate its financial standing if organized under the laws of this state, shall forfeit its charter, and the superintendent shall proceed without delay to bring its affairs to a close.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3941 | Operation of Mutual Insurance Companies › Section 3941.30 | Deposit of Securities to Transact Business Outside State.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A domestic mutual fire insurance company, for the protection of all its policies, may deposit with the superintendent of insurance, securities of the kind described in this section, in such sum as is necessary to enable such company to transact business in any other state under the laws of said state.
Said securities shall consist of United States bonds, bonds of this state, or bonds of county or city of this state, issued in conformity with law, not estimated above their par value, which, before being deposited, shall be registered by the company in favor of "the superintendent of insurance of the state of Ohio in trust for the benefit and security of all the policyholders of said company."
The superintendent shall execute his receipt therefor to the depositing company, safely keep such securities as provided by law until they are withdrawn by the depositing company as provided in section 3941.34 of the Revised Code, and shall keep in his office a record in which shall be entered the name of the company so owning and depositing such securities, the name of the debtor, the par value and serial number of each such security, the date of its maturity, and the date of maturity and amount of each installment of interest to become due.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3941 | Operation of Mutual Insurance Companies › Section 3941.31 | Collection and Deposit of Principal and Interest.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The superintendent of insurance shall collect and pay over to the depositing company the principal and interest on securities deposited in compliance with section 3941.30 of the Revised Code as they mature, but before receiving the proceeds of the principal sum of any deposited security, the company shall substitute securities of the required character equal in amount to those maturing.
The depositing company at any time may exchange for any securities deposited other securities of like character which shall be deposited and handled in all respects as the original deposit.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3941 | Operation of Mutual Insurance Companies › Section 3941.32 | Certification of Deposits.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Upon request of the depositing domestic mutual fire insurance company, the superintendent of insurance shall certify under the seal of his office to the insurance department of any other state, or to any other interested person, to the fact of such deposit, and the amount and description of the securities on deposit.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3941 | Operation of Mutual Insurance Companies › Section 3941.33 | Annual Examination of Securities.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Every domestic mutual fire insurance company having securities deposited in the office of the superintendent of insurance, may, once during each calendar year, at such proper time as the company selects, cause its securities so deposited to be examined by its president, its secretary, or other agent whom it designates for that purpose.