reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3929 | Domestic and Foreign Insurance Companies Other Than Life › Section 3929.48 | Immunity.

Effective:
July 31, 1969
Latest Legislation:
House Bill 465 - 108th General Assembly
There shall be no liability on the part of, and no cause of action of any nature shall arise against any insurer, inspection bureau, or the Ohio fair plan underwriting association, or a director, agent, or employee of any of these, or the superintendent of insurance or his authorized representatives, for any inspections undertaken or statements made by any of them concerning the property to be insured, or any acts or omissions in connection therewith. Any reports and communications in connection therewith are not public documents.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3929 | Domestic and Foreign Insurance Companies Other Than Life › Section 3929.481 | Issuing Fair Plan Policies.

Effective:
July 1, 1979
Latest Legislation:
House Bill 590 - 112th General Assembly
The Ohio fair plan underwriting association is authorized to issue fair plan policies of insurance in its own name and to perform acts relative thereto in accordance with the plan of operation. The association is exempt from all license fees, and income, franchise, premium, and privilege taxes levied or assessed by this state or any political subdivision of this state, except that premium receipts from policies issued directly by the association are subject to the tax imposed by section 3737.71 of the Revised Code, computed upon the basis of a statement to be filed annually on or before the first day of March by the association with the superintendent of insurance in the form prescribed by him, and that annually on the first day of March the association shall pay to the superintendent a fee of one cent for each policy issued by it and then outstanding.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3929 | Domestic and Foreign Insurance Companies Other Than Life › Section 3929.482 | Contracts to Provide Administrative and Claims Adjusting Services.

Effective:
June 27, 2005
Latest Legislation:
Senate Bill 124 - 126th General Assembly
(A) The Ohio fair plan underwriting association by action of its board of governors, with the approval of the superintendent of insurance, is authorized to enter into a contract with the Ohio mine subsidence insurance underwriting association to provide administrative and claims adjusting services required by it. Such contract shall provide indemnification by the Ohio mine subsidence insurance underwriting association to the Ohio fair plan underwriting association, its members, members of its board of governors, and its officers, employees, and agents against all liability, loss, and expense resulting from acts done or omitted in good faith in performing such contract. Such contract shall also provide that the Ohio fair plan underwriting association will be reimbursed for its actual expenses incurred in performing such services. Common expenses applicable both to the Ohio fair plan and to the mine subsidence insurance underwriting association shall be allocated between them on an equitable basis approved by the superintendent of insurance.
(B) The Ohio fair plan underwriting association by action of its board of governors, with the approval of the superintendent of insurance, is authorized to enter into a contract with the Ohio commercial joint underwriting association to provide administrative and claims adjusting services required by it. Such contract shall provide indemnification by the Ohio commercial joint underwriting association to the Ohio fair plan underwriting association, its members, members of its board of governors, and its officers, employees, and agents against all liability, loss, and expenses resulting from acts done or omitted in good faith in performing such contract. Such contract shall also provide that the Ohio fair plan underwriting association will be reimbursed for its actual expenses incurred in performing such services. Common expenses applicable both to the Ohio fair plan and to the Ohio commercial joint underwriting association shall be allocated between them on an equitable basis approved by the superintendent of insurance.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3929 | Domestic and Foreign Insurance Companies Other Than Life › Section 3929.49 | Furnishing Information to Show Compliance With Law.

Effective:
July 18, 1980
Latest Legislation:
House Bill 792 - 113th General Assembly
The superintendent of insurance may, at any time, require any property insurer to furnish him with such information as he finds necessary in order to determine whether such insurer is complying with sections 3929.41 to 3929.49 of the Revised Code.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3929 | Domestic and Foreign Insurance Companies Other Than Life › Section 3929.50 | Mine Subsidence Insurance Definitions.

Effective:
April 27, 2005
Latest Legislation:
House Bill 425 - 125th General Assembly
As used in sections 3929.50 to 3929.61 of the Revised Code:
(A) "Mine subsidence" means loss caused by the collapse or lateral or vertical movement of structures resulting from the caving in of underground mines, including coal mines, clay mines, limestone mines, and salt mines. "Mine subsidence" does not include loss caused by earthquake, landslide, volcanic eruption, or collapse of strip mines, storm and sewer drains, or rapid transit tunnels.
(B) "Structure" means any one- to four-family dwellings as defined and limited in dwelling fire, homeowners, and farm policies and other structures as described, defined, or limited in the mine subsidence insurance form.
(C) "Basic property insurance" means insurance against direct loss to property as defined and limited in dwelling fire, homeowners, and farm policies and extended coverage endorsements thereon, as approved by the superintendent of insurance, and insurance for such types, classes, and locations of property against the perils of vandalism, malicious mischief, burglary, or theft, as the superintendent shall designate.
(D) "Homeowners insurance" means insurance on owner-occupied dwellings providing personal multi-peril property and liability coverages commonly known as homeowners insurance.
(E) "Mine subsidence coverage" means the limits and type of coverage as defined by the mine subsidence insurance governing board in the coverage form and approved by the superintendent.
(F) "Farm insurance" means insurance providing property coverage on farm dwelling buildings.
(G) "Dwelling fire insurance" means a policy providing property coverage on residential buildings for the perils of fire and lightning and additional coverages.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3929 | Domestic and Foreign Insurance Companies Other Than Life › Section 3929.51 | Mine Subsidence Insurance Underwriting Association - Reinsurance - Governing Board.

Effective:
December 19, 2016
Latest Legislation:
House Bill 471 - 131st General Assembly
(A) The Ohio mine subsidence insurance underwriting association is hereby created, consisting of all insurers authorized to write and engaged in writing within the state, on a direct basis, basic property insurance or any component thereof in multi-peril policies, to operate in accordance with the plan of operation adopted pursuant to section 3929.53 of the Revised Code. Every such insurer shall be a member of the association and shall remain a member as a condition of its authority to write such insurance in this state.
(B) The association, pursuant to sections 3929.50 to 3929.61 of the Revised Code, and any plan of operation thereunder with respect to mine subsidence insurance, may assume and cede reinsurance on insurable risks written by its members.
(C) For the purpose of governing the mine subsidence insurance underwriting association, there is hereby created a mine subsidence insurance governing board consisting of the director of natural resources or the director's designee, as chairperson, the treasurer of state or the treasurer of state's designee, and one representative from member companies. The representative from member companies shall be an Ohio domiciled member, elected every three years by members of the association. All actions of the mine subsidence insurance underwriting association shall be approved by the governing board. The board may employ, compensate, and prescribe the duties and powers of such employees and consultants as are necessary to carry out sections 3929.50 to 3929.61 of the Revised Code, and is authorized to enter into a contract with the Ohio fair plan underwriting association for administrative and claims adjusting services.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3929 | Domestic and Foreign Insurance Companies Other Than Life › Section 3929.53 | Proposed Plan of Operation for Economical, Fair, and Nondiscriminatory Administration of Mine Subsidence Insurance Fund.

Effective:
January 8, 1985
Latest Legislation:
House Bill 383 - 115th General Assembly
The mine subsidence insurance governing board shall submit to the superintendent of insurance, for his approval, a proposed plan of operation for the economical, fair, and nondiscriminatory administration of the mine subsidence insurance fund under sections 3929.50 to 3929.61 of the Revised Code. If the superintendent of insurance disapproves the proposed plan of operation, the governing board shall, within fifteen days, submit for approval an appropriately revised plan of operation and if the governing board fails to do so, or if the revised plan submitted is unacceptable, the superintendent shall promulgate a plan of operation; provided, that the superintendent shall not approve or promulgate a plan of operation until adequate financial resources have been secured for start-up costs and initial reserves for the insurance program established pursuant to sections 3929.50 to 3929.61 of the Revised Code.
If amendment of the plan of operation is requested by the superintendent or the governing board, the governing board shall submit to the superintendent, for his approval, such amendments. If such amendments are not approved by the superintendent, the governing board shall, within fifteen days, submit for approval an appropriately revised amendment. If the governing board fails to do so, or if the amendment is not approved by the superintendent, the superintendent shall promulgate such amendment as he finds necessary.
The superintendent of insurance shall adopt the plan of operation and all amendments thereto pursuant to Chapter 119. of the Revised Code.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3929 | Domestic and Foreign Insurance Companies Other Than Life › Section 3929.55 | Auditor of State - Annual Audit of Insurance Fund.

Effective:
January 8, 1985
Latest Legislation:
House Bill 383 - 115th General Assembly
The auditor of state shall, at least once each year, audit the affairs of the mine subsidence insurance fund in order to ascertain its financial condition and ability to fulfill its obligations, whether the mine subsidence insurance underwriting association in managing the fund has complied with the law relating to the fund, and the equity of the association's plans and dealings with its subscribers.
The auditor shall ascertain the expenses incurred in making any such audit and shall certify the amount to the mine subsidence insurance governing board for payment from the fund.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3929 | Domestic and Foreign Insurance Companies Other Than Life › Section 3929.58 | Reinsurance Agreement With Ohio Mine Subsidence Insurance Underwriting Association.

Effective:
April 27, 2005
Latest Legislation:
House Bill 425 - 125th General Assembly
All companies authorized to write basic property insurance in this state shall enter into a reinsurance agreement with the Ohio mine subsidence insurance underwriting association in which each company agrees to cede one hundred per cent, up to three hundred thousand dollars, of any subsidence insurance underwritten to the association and, in consideration of the ceding commission retained by the company, agrees to undertake payment of taxes and all other expenses of the company necessary for sale of policies. The association shall agree to provide a claims adjusting staff and to pay from the mine subsidence insurance fund all valid policyholder claims resulting from subsidence.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3929 | Domestic and Foreign Insurance Companies Other Than Life › Section 3929.59 | Distribution of Premiums Collected.

Effective:
April 27, 2005
Latest Legislation:
House Bill 425 - 125th General Assembly
Thirty per cent of all mine subsidence insurance premiums collected by each insurer for policies delivered, issued for delivery, or renewed in a county designated for optional coverage in accordance with division (A)(2) of section 3929.56 of the Revised Code, excluding premiums collected under such policies for mine subsidence insurance coverage which is not reinsured by the mine subsidence insurance underwriting association, shall be retained by the insurer as a ceding commission. The remainder of such premiums shall be remitted by the insurer to the mine subsidence insurance underwriting association.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3929 | Domestic and Foreign Insurance Companies Other Than Life › Section 3929.60 | Report of Amount of Mine Subsidence Insurance Premiums.

Effective:
January 8, 1985
Latest Legislation:
House Bill 383 - 115th General Assembly
Every mine subsidence insurance underwriting association member shall report at times designated by the superintendent of insurance the amounts of mine subsidence insurance premiums collected by such member.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3929 | Domestic and Foreign Insurance Companies Other Than Life › Section 3929.61 | No Right of Recourse Except for Fraud.

Effective:
January 8, 1985
Latest Legislation:
House Bill 383 - 115th General Assembly
Except in case of fraud by the company, the Ohio mine subsidence insurance underwriting association shall have no right of recourse against the company.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3929 | Domestic and Foreign Insurance Companies Other Than Life › Section 3929.62 | Definitions.

Effective:
April 12, 2004
Latest Legislation:
House Bill 282 - 125th General Assembly
As used in sections 3929.62 to 3929.70 of the Revised Code and any rules adopted pursuant to those sections:
(A) "Applicant" means any licensed physician, podiatrist, or hospital as those terms are defined in section 2305.113 of the Revised Code.
(B) "Medical liability underwriting association" means a nonprofit unincorporated underwriting association for medical liability insurance established under section 3929.63 of the Revised Code.
(C) "Medical liability insurance" means insurance coverage against the legal liability of the insured and against loss, damage, or expense incident to a claim arising out of the death, disease, or injury of any person as the result of negligence or malpractice in rendering professional service or related to the credentialing or accreditation of any medical professional or hospital by any licensed physician, podiatrist, or hospital, as those terms are defined in section 2305.113 of the Revised Code, or any employee or agent acting within the scope of their duties for a physician, podiatrist, or hospital.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3929 | Domestic and Foreign Insurance Companies Other Than Life › Section 3929.63 | Creating Medical Liability Underwriting Association.

Effective:
April 12, 2004
Latest Legislation:
House Bill 282 - 125th General Assembly
(A) A medical liability underwriting association for medical liability insurance may be created for one or more classes of insurance by rule of the superintendent of insurance pursuant to Chapter 119. of the Revised Code upon a finding by the superintendent that both of the following circumstances exist:
(1) A substantial number of applicants for such class or classes of medical liability insurance have not been placed with insurers authorized to write medical liability insurance in this state, and are insurable risks. For purposes of this section, "insurable risk" means that the physician, podiatrist, or hospital is licensed, certified, or accredited as required by law.
(2) The lack of such class or classes of medical liability insurance threatens the availability of health care for any group of individuals in this state.
(B) The medical liability underwriting association may:
(1) Issue or cause to be issued policies of insurance to applicants, including incidental coverages, subject to terms, conditions, exclusions, and limits, established by the medical liability underwriting association's board of governors subject to the superintendent's approval. Coverages under such policies may be made available as primary or excess protection, provided limits of primary protection under one policy shall not exceed one million dollars for each claim and three million dollars in any year unless otherwise provided for in the plan of operation.
(2) Underwrite the insurance and adjust and pay losses with respect thereto, or appoint service companies or associations to perform those functions;
(3) Assume reinsurance;
(4) Cede reinsurance.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3929 | Domestic and Foreign Insurance Companies Other Than Life › Section 3929.632 | Dissolution or Suspension.

Effective:
April 12, 2004
Latest Legislation:
House Bill 282 - 125th General Assembly
(A) The medical liability underwriting association created under section 3929.63 of the Revised Code may be dissolved, or its operations may be suspended, by rule of the superintendent of insurance adopted pursuant to Chapter 119. of the Revised Code, upon a finding by the superintendent that the circumstances described in division (A) of section 3929.63 of the Revised Code no longer exist, or if the superintendent finds that the continued operation of the medical liability underwriting association undermines its statutory purpose or threatens its ability to meet its contractual obligations.
(B) In the case of any dissolution or suspension under division (A) of this section, the superintendent shall adopt rules pursuant to Chapter 119. of the Revised Code that establish standards and procedures for the fair and equitable cessation or suspension of operations, including rules that ensure the payment of all claims on policies issued and expenses incurred by the medical liability underwriting association. Rules adopted under this section may include rules relating to reinsurance. The remaining funds of the medical liability underwriting association shall be used for funding the medical liability underwriting association or for funding another medical malpractice initiative with the approval of the general assembly.
(C) If operations of the medical liability underwriting association are suspended, the superintendent may subsequently reactivate its operations by rule adopted in accordance with Chapter 119. of the Revised Code.
(D) The following persons shall not incur or suffer any liability to any person, by reason of actions taken in order to comply with this section:
(1) The medical liability underwriting association;
(2) The board of governors of the medical liability underwriting association or any member of the board;
(3) The agents or employees of the medical liability underwriting association;
(4) The superintendent;
(5) Any other state officer responsible for the care and custody of the funds of the medical liability underwriting association.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3929 | Domestic and Foreign Insurance Companies Other Than Life › Section 3929.64 | Board of Governors.

Effective:
April 12, 2004
Latest Legislation:
House Bill 282 - 125th General Assembly
(A)(1) A board of governors consisting of nine members shall govern the medical liability underwriting association. The members shall be appointed by the governor with the advice of the superintendent of insurance. Five shall be selected from insurers licensed to write and writing liability insurance in this state, at least two of which insurers must write medical liability insurance in this state. One shall be a licensed physician and one shall be from a hospital operating in this state. One shall be an insurance agent licensed and writing medical liability insurance in this state. One shall represent the interests of consumers and shall neither be a member of, or associated with, a health insuring corporation holding a certificate of authority under Chapter 1751. of the Revised Code or an insurance company. The members of the board of governors shall serve without compensation but shall be reimbursed for their actual and necessary expenses incurred in the discharge of their official duties. The directors of the stabilization reserve fund shall serve as ex officio members of the medical liability underwriting association's board of governors.
(2) Of the initial member appointments made under division (A)(1) of this section, three shall be for terms of one year, three shall be for terms of two years, and three shall be for terms of three years, with the members' terms determined from the date the medical liability underwriting association is created under section 3929.63 of the Revised Code. Thereafter, terms of office for appointed members shall be for three years, each term ending on the same day of the same month of the year as did the term it succeeds. A vacancy shall be filled in the same manner as the original appointment. Members may be reappointed to the board of governors.
(B) The board of governors may employ, compensate, and prescribe the duties and powers of as many employees and consultants as are necessary to carry out the purposes of sections 3929.62 to 3929.70 of the Revised Code.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3929 | Domestic and Foreign Insurance Companies Other Than Life › Section 3929.65 | Proposing Plan of Operation.

Effective:
April 12, 2004
Latest Legislation:
House Bill 282 - 125th General Assembly
(A)(1) Within forty-five days after the creation or a reactivation of the medical liability underwriting association, the board of governors of the medical liability underwriting association shall submit to the superintendent of insurance, for the superintendent's review, a proposed plan of operation consistent with sections 3929.62 to 3929.70 of the Revised Code. The superintendent may adopt this plan by rule promulgated in accordance with Chapter 119. of the Revised Code. If the superintendent does not adopt the plan within thirty days of its submission, the superintendent shall formulate a plan of operation consistent with sections 3929.62 to 3929.70 of the Revised Code. Subsequent to the termination of the thirty-day period, the superintendent shall establish the plan by rule in the minimum time permitted by Chapter 119. of the Revised Code.
(2) At any time after the adoption of a plan of operation under division (A)(1) of this section, the board of governors may submit proposals for amendments to the plan of operation to the superintendent for the superintendent's approval. The superintendent also may propose amendments to the plan of operation. All amendments to the plan of operation shall be consistent with sections 3929.62 to 3929.70 of the Revised Code and shall be adopted as rules in accordance with Chapter 119. of the Revised Code.
(B) The plan of operation shall provide for economic, fair, and nondiscriminatory administration and for the prompt and efficient provision of medical liability insurance, and shall contain other provisions, including, but not limited to, provisions relating to all of the following:
(1) Establishment of necessary facilities;
(2) Management of the medical liability underwriting association;
(3) Reasonable and objective eligibility and underwriting standards;
(4) Acceptance and cession of reinsurance;
(5) The appointment of servicing carriers or the direct issuance of syndicate policies;
(6) The issuance of a binder providing coverage for which an applicant tenders an amount equal to the annual premium as estimated by the medical liability underwriting association.
(C) The medical liability underwriting association shall separately code all policies written so that appropriate records may be compiled for purposes of calculating the adequate premium levels for each classification of risk. The plan of operation shall set forth the manner in which policies are coded.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3929 | Domestic and Foreign Insurance Companies Other Than Life › Section 3929.661 | Option of Being Liable as a Co-Insurer.

Effective:
April 12, 2004
Latest Legislation:
House Bill 282 - 125th General Assembly
The medical liability underwriting association may offer policyholders the option of being liable as a co-insurer on sums paid out by way of settlement or judgment against the policyholder on any claim made under the policy. The medical liability underwriting association has sole authority to settle any claim subject to the co-insurance option without the consent of the insured. The plan of operation shall set forth the terms and conditions of the optional co-insurance coverage.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3929 | Domestic and Foreign Insurance Companies Other Than Life › Section 3929.67 | Reasons for Cancellation.

Effective:
April 12, 2004
Latest Legislation:
House Bill 282 - 125th General Assembly
(A) A medical liability insurance policy that insures a physician or podiatrist, written by or on behalf of the medical liability underwriting association pursuant to sections 3929.62 to 3929.70 of the Revised Code, may only be cancelled during the term of the policy for one of the following reasons:
(1) Nonpayment of premiums;
(2) The license of the insured to practice medicine and surgery, osteopathic medicine and surgery, or podiatric medicine and surgery has been suspended or revoked;
(3) The insured's failure to meet minimum eligibility and underwriting standards;
(4) The occurrence of a change in the individual risk that substantially increases any hazard insured against after the coverage has been issued or renewed, except to the extent that the medical liability underwriting association reasonably should have foreseen the change or contemplated the risk in writing the policy;
(5) Discovery of fraud or material misrepresentation in the procurement of insurance or with respect to any claim submitted thereunder.
(B) A medical liability insurance policy that insures a hospital, written by or on behalf of the medical liability underwriting association pursuant to sections 3929.62 to 3929.70 of the Revised Code, may only be cancelled during the term of the policy for one of the following reasons:
(1) Nonpayment of premiums;
(2) The hospital is not certified or accredited in accordance with Chapter 3727. of the Revised Code;
(3) An injunction against the hospital has been granted under section 3727.05 of the Revised Code;
(4) The insured's failure to meet minimum eligibility and underwriting standards;
(5) The occurrence of a change in the individual risk that substantially increases any hazard insured against after the coverage has been issued or renewed, except to the extent that the medical liability underwriting association reasonably should have foreseen the change or contemplated the risk in writing the policy;
(6) Discovery of fraud or material misrepresentation in the procurement of insurance or with respect to any claim submitted thereunder.
Last updated August 19, 2021 at 3:19 PM
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3929 | Domestic and Foreign Insurance Companies Other Than Life › Section 3929.68 | No Liability.

Effective:
April 12, 2004
Latest Legislation:
House Bill 282 - 125th General Assembly
(A) There shall be no liability imposed on the part of, and no cause of action of any nature arises against, the medical liability underwriting association or the stabilization reserve fund, its board of governors, directors, agents, or employees, an insurer or its employees, any licensed agent or broker, or the superintendent of insurance or the superintendent's authorized representatives and employees, for any action taken by them in the performance of their powers and duties under sections 3929.62 to 3929.70 of the Revised Code. Any reports and communications made in connection with those actions are not public records.
(B) With respect to any policy of insurance issued by the medical liability underwriting association, any contract executed by the medical liability underwriting association or the stabilization reserve fund, or any action taken under or related to sections 3929.62 to 3929.70 of the Revised Code, there shall be no liability on the part of the state beyond amounts paid into or earned by the medical liability underwriting association and stabilization reserve fund.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3929 | Domestic and Foreign Insurance Companies Other Than Life › Section 3929.681 | Appeals.

Effective:
April 12, 2004
Latest Legislation:
House Bill 282 - 125th General Assembly
Any insurer or other person aggrieved by any action or decision of the medical liability underwriting association may appeal to the board of governors. The decision of the board of governors may be appealed to the superintendent of insurance within thirty days from the date of the action or the decision. The superintendent shall, after a hearing held upon proper notice, issue an order approving or disapproving the action or decision, with respect to the matter that is the subject of appeal. All final orders and decisions of the superintendent are subject to judicial review as provided in Chapter 119. of the Revised Code.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3929 | Domestic and Foreign Insurance Companies Other Than Life › Section 3929.682 | Medical Liability Fund.

Effective:
December 30, 2004
Latest Legislation:
House Bill 516 - 125th General Assembly
A medical liability fund is hereby created in the state treasury. The medical liability fund shall be used for the purposes of funding the medical liability underwriting association that is created in accordance with sections 3929.62 to 3929.70 of the Revised Code or for funding another medical malpractice initiative with the approval of the general assembly.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3929 | Domestic and Foreign Insurance Companies Other Than Life › Section 3929.69 | Filing Statement of Transactions and Affairs.

Effective:
April 12, 2004
Latest Legislation:
House Bill 282 - 125th General Assembly
(A) Annually on or before the first day of March, the medical liability underwriting association and the stabilization reserve fund shall file in the office of the superintendent of insurance a statement or statements containing information with respect to their transactions, condition, operations, and affairs during the preceding year. The statement or statements shall contain such matters and information as are prescribed and shall be in a form approved by the superintendent.
(B) The superintendent or any person designated by the superintendent, at any time, may visit and examine the operation and experience of the medical liability underwriting association and stabilization reserve fund. The association and stabilization reserve fund shall give the superintendent or the superintendent's designee free access to all the books, records, files, papers, and documents that relate to the operation of the medical liability underwriting association and stabilization reserve fund, and may summon, qualify, and allow the examination as witnesses of all persons having knowledge of the operations of the medical liability underwriting association and the stabilization reserve fund, including officers, agents, and employees of the medical liability underwriting association and the stabilization reserve fund.
(C) The medical liability underwriting association and stabilization reserve fund also are subject to examination by the superintendent in accordance with section 3901.07 of the Revised Code.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3929 | Domestic and Foreign Insurance Companies Other Than Life › Section 3929.70 | Exemption From Fees and Taxes.

Effective:
April 12, 2004
Latest Legislation:
House Bill 282 - 125th General Assembly
The medical liability underwriting association and the stabilization reserve fund are exempt from all license fees, and income, franchise, premium, and privilege taxes levied or assessed by this state or any of its political subdivisions.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3929 | Domestic and Foreign Insurance Companies Other Than Life › Section 3929.85 | Limits on Assessments by Associations.

Effective:
June 27, 2005
Latest Legislation:
Senate Bill 124 - 126th General Assembly
No insurer licensed to carry on the business of insurance in this state that is required by law to contribute to or participate in, or that can be assessed by the Ohio insurance guaranty association pursuant to sections 3955.01 to 3955.19 of the Revised Code, or by the plan for apportionment of applicants for motor vehicle insurance pursuant to section 4509.70 of the Revised Code, or by the Ohio fair plan underwriting association pursuant to sections 3929.43 to 3929.61 of the Revised Code, or by the Ohio commercial insurance joint underwriting association pursuant to sections 3930.03 to 3930.18 of the Revised Code shall in any calendar year be required to contribute to, participate in, or be assessed by any one or more of those plans or associations in an amount or amounts totaling in excess of two and one-half per cent of its net direct Ohio premium volume for the year next preceding the year in which the assessment or assessments are made or the contributions or participations are required.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3929 | Domestic and Foreign Insurance Companies Other Than Life › Section 3929.87 | Determination as to Whether Loss Caused by Arson.

Effective:
September 30, 2021
Latest Legislation:
House Bill 110 - 134th General Assembly
Within ninety days of the occurrence of a fire loss in excess of five thousand dollars to real or personal property, the state fire marshal or any other person authorized to make an investigation pursuant to section 3737.24 of the Revised Code shall determine, to the extent practicable and in a manner consistent with accepted standards of investigation, whether such loss was caused by arson.
Last updated August 19, 2021 at 3:17 PM
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3930 | Commercial Market Assistance Plan; Commercial Insurance Joint Underwriting Association › Section 3930.01 | Commercial Market Assistance Plan - Commercial Insurance Joint Underwriting Association Definitions.

Effective:
January 5, 1988
Latest Legislation:
House Bill 1 - 117th General Assembly
As used in sections 3930.01 to 3930.18 of the Revised Code or in any rules adopted under such sections:
(A) "Ohio commercial insurance joint underwriting association" means the nonprofit unincorporated joint underwriting association established under section 3930.03 of the Revised Code.
(B) "Commercial insurance" means any line of commercial casualty, commercial property, or commercial liability insurance except workers' compensation, medical malpractice, pollution liability, environmental impairment liability, fidelity and surety, sickness and accident, or coverages available through involuntary market mechanisms. "Commercial insurance" does not include farmowners insurance policies.
(C) "Net direct premiums" means gross direct premiums written on commercial insurance including the liability component of commercial multi-peril package policies as computed by the superintendent of insurance less return premiums or the unused or unabsorbed portions of premium deposits.
(D) "Ohio commercial market assistance plan" means the mechanism created to respond to assist commercial insurance buyers in Ohio in obtaining difficult-to-place commercial insurance coverages.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3930 | Commercial Market Assistance Plan; Commercial Insurance Joint Underwriting Association › Section 3930.05 | Proportional Participation by Member Insurers.

Effective:
January 5, 1988
Latest Legislation:
House Bill 1 - 117th General Assembly
All insurers that are members of the Ohio commercial insurance joint underwriting association shall participate in its writings, expenses, deficits, and losses in the proportion that the net direct premiums of each bears to the aggregate net direct premiums written in this state by all members of the association, excluding premiums attributable to the operation of the association in the preceding calendar year.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3930 | Commercial Market Assistance Plan; Commercial Insurance Joint Underwriting Association › Section 3930.06 | Stabilization Reserve Fund.

Effective:
January 5, 1988
Latest Legislation:
House Bill 1 - 117th General Assembly
(A) There is hereby created a stabilization reserve fund. The fund, after payment of all expenses allocated to the fund's operation, shall be available to reduce any deficit sustained in the operation of the Ohio commercial insurance joint underwriting association.
(B) Each association policyholder shall pay to the association a stabilization reserve fund charge equal to twenty per cent of the total annual premium payment due for insurance through the association without regard to whether assessment as authorized in section 3930.07 of the Revised Code has been imposed. Such charge shall be separately stated in the policy, and shall continue to be charged annually until the fund reaches a level that is determined by the board of governors to be actuarially sound, adequately reserved, financially stable, and efficiently managed so as to satisfy the purposes of the fund as stated in division (A) of this section. The association shall cancel the policy of any policyholder who fails to pay the stabilization reserve fund charge.
(C) All moneys received by the fund shall be held in a segregated account. All investment income shall be credited to the fund. All expenses of administration of the fund shall be charged against the fund.
(D) At a reasonable interval after the board of governors determines that the fund has reached a level that satisfies the purposes of the fund in accordance with division (B) of this section, the superintendent shall cause the remittance of the excess stabilization reserve fund moneys to the named insureds for their pro rata share of such moneys. The remittance shall be to each named insured in the proportion that the amount of premiums paid by such named insured bears to the total amount of premiums paid by all named insureds, taking into account any amounts previously remitted to such insureds. The remittance shall be effectuated in a manner that the superintendent believes best represents equity, fairness, and ease of administration.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3930 | Commercial Market Assistance Plan; Commercial Insurance Joint Underwriting Association › Section 3930.07 | Certification of Insolvency.

Effective:
January 5, 1988
Latest Legislation:
House Bill 1 - 117th General Assembly
(A) Upon a determination by the board of governors that the Ohio commercial insurance joint underwriting association will be unable to pay its incurred obligations in any class of commercial insurance, the board shall certify to the superintendent of insurance the existence of this condition. Within ten days of board certification, the board shall file with the superintendent a schedule of assessments for the collection of a loss contingency fund from association policyholders of that class for the purpose of payment of such obligations. If a majority consisting of two-thirds of the members of the board approve the schedule of assessments, it shall become final on the date that it is filed with the superintendent. If less than a two-thirds majority approve the schedule of assessments, it shall become final within fifteen days of filing unless disapproved by the superintendent. The board shall levy the assessments on policyholders and provide for their collection. Failure of any such policyholder to make prompt payment of the assessment shall be cause for cancellation of coverage.
(B) Within sixty days after board certification as provided for in division (A) of this section, the superintendent shall direct the board to perform an actuarial review of existing coverages, rates, reserves, and assessments of the affected class of commercial insurance.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3930 | Commercial Market Assistance Plan; Commercial Insurance Joint Underwriting Association › Section 3930.08 | Contributing to Financial Requirements of Association.

Effective:
January 5, 1988
Latest Legislation:
House Bill 1 - 117th General Assembly
In the event that sufficient funds are not available, from mechanisms provided for in sections 3930.04, 3930.06, and 3930.07 of the Revised Code, for the sound financial operation of the Ohio commercial insurance joint underwriting association, all members shall contribute to the financial requirements of the association in the manner provided for in section 3930.05 of the Revised Code. No member shall be obligated in any one year to reimburse the association on account of its proportionate share in the deficit from operations of the association in that year in excess of one-half of one per cent of its net direct premiums within this state and the aggregate amount not so reimbursed shall be reallocated among the remaining members in accordance with the method of determining participation prescribed in this section, after excluding from the computation the total net direct premiums of all members not sharing in such excess deficit. If a member is assessed or may be assessed because of a deficit, or projected deficit, it may recoup the assessment by increasing its commercial insurance policyholders' rates.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3930 | Commercial Market Assistance Plan; Commercial Insurance Joint Underwriting Association › Section 3930.09 | Appeals.

Effective:
January 5, 1988
Latest Legislation:
House Bill 1 - 117th General Assembly
Any insurer or other person aggrieved by any action or decision of the Ohio commercial insurance joint underwriting association, or of any insurer as a result of its participation therein, may appeal to the board of governors. The decision of the board of governors may be appealed to the superintendent of insurance within thirty days from the date of the action or the decision. The superintendent shall, after hearing held upon proper notice, issue an order approving or disapproving the action or decision with respect to the matter which is the subject of appeal. All final orders and decisions of the superintendent are subject to judicial review as provided in Chapter 119. of the Revised Code.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3930 | Commercial Market Assistance Plan; Commercial Insurance Joint Underwriting Association › Section 3930.10 | Immunity.

Effective:
January 1, 2021
Latest Legislation:
House Bill 339 - 133rd General Assembly
There shall be no liability imposed on the part of and no cause of action of any nature arises against the Ohio commercial insurance joint underwriting association, its members, board of governors, agents, or employees, an insurer or its employees, any licensed agent or broker, or the superintendent of insurance or the superintendent's authorized representatives, their members or employees, for any action taken by them in the performance of their powers and duties under sections 3930.03 to 3930.17 of the Revised Code. Any reports and communications in connection therewith are not public records.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3930 | Commercial Market Assistance Plan; Commercial Insurance Joint Underwriting Association › Section 3930.11 | Annual Statement.

Effective:
January 5, 1988
Latest Legislation:
House Bill 1 - 117th General Assembly
The Ohio commercial insurance joint underwriting association shall file in the office of the superintendent of insurance, annually on or before the first day of March, a statement that shall contain information with respect to its transactions, conditions, operations, and affairs during the preceding calendar year. Such statement shall contain such matters and information as are prescribed and shall be in such form as is approved by the superintendent.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3930 | Commercial Market Assistance Plan; Commercial Insurance Joint Underwriting Association › Section 3930.12 | Superintendent or Designee to Examine Association Operation and Experience.

Effective:
January 5, 1988
Latest Legislation:
House Bill 1 - 117th General Assembly
The superintendent of insurance or any person designated by him may at any time visit and examine the operation and experience of the association and shall have free access to all the books, records, files, papers, and documents that relate to the operation of the association, and may summon, qualify, and examine as witnesses all persons having knowledge of such operations, including its officers, agents, or employees.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3930 | Commercial Market Assistance Plan; Commercial Insurance Joint Underwriting Association › Section 3930.13 | Examination of Financial Affairs by Superintendent.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
The Ohio commercial insurance joint underwriting association shall be subject to examination by the superintendent of insurance in accordance with section 3901.07 of the Revised Code. Section 3901.07 of the Revised Code shall govern every aspect of the examination, including the circumstances under and frequency with which it is conducted, the authority of the superintendent and any examiner or other person appointed by the superintendent, the liability for the assessment of expenses incurred in conducting the examination, and the remittance of the assessment to the department of insurance operating fund.
Last updated October 3, 2023 at 12:31 PM
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3930 | Commercial Market Assistance Plan; Commercial Insurance Joint Underwriting Association › Section 3930.14 | Underwriting Association Is Exempt From License Fees and Taxes.

Effective:
January 5, 1988
Latest Legislation:
House Bill 1 - 117th General Assembly
The Ohio commercial insurance joint underwriting association is exempt from all license fees, and income, franchise, premium, and privilege taxes levied or assessed by this state or any political subdivision.
2023 Ohio Revised Code › Title 39 | Insurance › Chapter 3930 | Commercial Market Assistance Plan; Commercial Insurance Joint Underwriting Association › Section 3930.15 | Cancellation of Policy.

Effective:
January 5, 1988
Latest Legislation:
House Bill 1 - 117th General Assembly
A commercial insurance policy written by, or on behalf of, the Ohio commercial insurance joint underwriting association under the authority of sections 3930.01 to 3930.18 of the Revised Code may be canceled for reasons established by section 3937.25 of the Revised Code.