(A) Making, issuing, circulating, or causing or permitting to | 20 |
be made, issued, or circulated, or preparing with intent to so | 21 |
use, any estimate, illustration, circular, or statement | 22 |
misrepresenting the terms of any policy issued or to be issued or | 23 |
the benefits or advantages promised thereby or the dividends or | 24 |
share of the surplus to be received thereon, or making any false | 25 |
or misleading statements as to the dividends or share of surplus | 26 |
previously paid on similar policies, or making any misleading | 27 |
representation or any misrepresentation as to the financial | 28 |
condition of any insurer as shown by the last preceding verified | 29 |
statement made by it to the insurance department of this state, or | 30 |
as to the legal reserve system upon which any life insurer | 31 |
operates, or using any name or title of any policy or class of | 32 |
policies misrepresenting the true nature thereof, or making any | 33 |
misrepresentation or incomplete comparison to any person for the | 34 |
purpose of inducing or tending to induce such person to purchase, | 35 |
amend, lapse, forfeit, change, or surrender insurance. | 36 |
Any written statement concerning the premiums for a policy | 37 |
which refers to the net cost after credit for an assumed dividend, | 38 |
without an accurate written statement of the gross premiums, cash | 39 |
values, and dividends based on the insurer's current dividend | 40 |
scale, which are used to compute the net cost for such policy, and | 41 |
a prominent warning that the rate of dividend is not guaranteed, | 42 |
is a misrepresentation for the purposes of this division. | 43 |
(B) Making, publishing, disseminating, circulating, or | 44 |
placing before the public or causing, directly or indirectly, to | 45 |
be made, published, disseminated, circulated, or placed before the | 46 |
public, in a newspaper, magazine, or other publication, or in the | 47 |
form of a notice, circular, pamphlet, letter, or poster, or over | 48 |
any radio station, or in any other way, or preparing with intent | 49 |
to so use, an advertisement, announcement, or statement containing | 50 |
any assertion, representation, or statement, with respect to the | 51 |
business of insurance or with respect to any person in the conduct | 52 |
of the person's insurance business, which is untrue, deceptive, or | 53 |
misleading. | 54 |
(C) Making, publishing, disseminating, or circulating, | 55 |
directly or indirectly, or aiding, abetting, or encouraging the | 56 |
making, publishing, disseminating, or circulating, or preparing | 57 |
with intent to so use, any statement, pamphlet, circular, article, | 58 |
or literature, which is false as to the financial condition of an | 59 |
insurer and which is calculated to injure any person engaged in | 60 |
the business of insurance. | 61 |
(D) Filing with any supervisory or other public official, or | 62 |
making, publishing, disseminating, circulating, or delivering to | 63 |
any person, or placing before the public, or causing directly or | 64 |
indirectly to be made, published, disseminated, circulated, | 65 |
delivered to any person, or placed before the public, any false | 66 |
statement of financial condition of an insurer. | 67 |
Making any false entry in any book, report, or statement of | 68 |
any insurer with intent to deceive any agent or examiner lawfully | 69 |
appointed to examine into its condition or into any of its | 70 |
affairs, or any public official to whom such insurer is required | 71 |
by law to report, or who has authority by law to examine into its | 72 |
condition or into any of its affairs, or, with like intent, | 73 |
willfully omitting to make a true entry of any material fact | 74 |
pertaining to the business of such insurer in any book, report, or | 75 |
statement of such insurer, or mutilating, destroying, suppressing, | 76 |
withholding, or concealing any of its records. | 77 |
(G)(1) Except as otherwise expressly provided by law, | 89 |
knowingly permitting or offering to make or making any contract of | 90 |
life insurance, life annuity or accident and health insurance, or | 91 |
agreement as to such contract other than as plainly expressed in | 92 |
the contract issued thereon, or paying or allowing, or giving or | 93 |
offering to pay, allow, or give, directly or indirectly, as | 94 |
inducement to such insurance, or annuity, any rebate of premiums | 95 |
payable on the contract, or any special favor or advantage in the | 96 |
dividends or other benefits thereon, or any valuable consideration | 97 |
or inducement whatever not specified in the contract; or giving, | 98 |
or selling, or purchasing, or offering to give, sell, or purchase, | 99 |
as inducement to such insurance or annuity or in connection | 100 |
therewith, any stocks, bonds, or other securities, or other | 101 |
obligations of any insurance company or other corporation, | 102 |
association, or partnership, or any dividends or profits accrued | 103 |
thereon, or anything of value whatsoever not specified in the | 104 |
contract. | 105 |
(2) Nothing in division (F) or division (G)(1) of this | 106 |
section shall be construed as prohibiting any of the following | 107 |
practices: (a) in the case of any contract of life insurance or | 108 |
life annuity, paying bonuses to policyholders or otherwise abating | 109 |
their premiums in whole or in part out of surplus accumulated from | 110 |
nonparticipating insurance, provided that any such bonuses or | 111 |
abatement of premiums shall be fair and equitable to policyholders | 112 |
and for the best interests of the company and its policyholders; | 113 |
(b) in the case of life insurance policies issued on the | 114 |
industrial debit plan, making allowance to policyholders who have | 115 |
continuously for a specified period made premium payments directly | 116 |
to an office of the insurer in an amount which fairly represents | 117 |
the saving in collection expenses; (c) readjustment of the rate of | 118 |
premium for a group insurance policy based on the loss or expense | 119 |
experience thereunder, at the end of the first or any subsequent | 120 |
policy year of insurance thereunder, which may be made retroactive | 121 |
only for such policy year. | 122 |
(H) Making, issuing, circulating, or causing or permitting to | 123 |
be made, issued, or circulated, or preparing with intent to so | 124 |
use, any statement to the effect that a policy of life insurance | 125 |
is, is the equivalent of, or represents shares of capital stock or | 126 |
any rights or options to subscribe for or otherwise acquire any | 127 |
such shares in the life insurance company issuing that policy or | 128 |
any other company. | 129 |
(J) Making, issuing, circulating, or causing or permitting to | 136 |
be made, issued, or circulated, or preparing with intent to so | 137 |
use, any statement to the effect that any insurance company was | 138 |
required to change a policy form or related material to comply | 139 |
with Title XXXIX of the Revised Code or any regulation of the | 140 |
superintendent of insurance, for the purpose of inducing or | 141 |
intending to induce any policyholder or prospective policyholder | 142 |
to purchase, amend, lapse, forfeit, change, or surrender | 143 |
insurance. | 144 |
(M) Making or permitting any unfair discrimination between | 150 |
individuals of the same class and of essentially the same hazard | 151 |
in the amount of premium, policy fees, or rates charged for any | 152 |
policy or contract of insurance, other than life insurance, or in | 153 |
the benefits payable thereunder, or in underwriting standards and | 154 |
practices or eligibility requirements, or in any of the terms or | 155 |
conditions of such contract, or in any other manner whatever. | 156 |
(O) Refusing, when offering maternity benefits under any | 160 |
individual or group sickness and accident insurance policy, to | 161 |
make maternity benefits available to the policyholder for the | 162 |
individual or individuals to be covered under any comparable | 163 |
policy to be issued for delivery in this state, including family | 164 |
members if the policy otherwise provides coverage for family | 165 |
members. Nothing in this division shall be construed to prohibit | 166 |
an insurer from imposing a reasonable waiting period for such | 167 |
benefits under an individual sickness and accident insurance | 168 |
policy issued to an individual who is not a federally eligible | 169 |
individual or a nonemployer-related group sickness and accident | 170 |
insurance policy, but in no event shall such waiting period exceed | 171 |
two hundred seventy days. | 172 |
(P) Using, or permitting to be used, a pattern settlement as | 176 |
the basis of any offer of settlement. As used in this division, | 177 |
"pattern settlement" means a method by which liability is | 178 |
routinely imputed to a claimant without an investigation of the | 179 |
particular occurrence upon which the claim is based and by using a | 180 |
predetermined formula for the assignment of liability arising out | 181 |
of occurrences of a similar nature. Nothing in this division shall | 182 |
be construed to prohibit an insurer from determining a claimant's | 183 |
liability by applying formulas or guidelines to the facts and | 184 |
circumstances disclosed by the insurer's investigation of the | 185 |
particular occurrence upon which a claim is based. | 186 |
(Q) Refusing to insure, or refusing to continue to insure, or | 187 |
limiting the amount, extent, or kind of life or sickness and | 188 |
accident insurance or annuity coverage available to an individual, | 189 |
or charging an individual a different rate for the same coverage | 190 |
solely because of blindness or partial blindness. With respect to | 191 |
all other conditions, including the underlying cause of blindness | 192 |
or partial blindness, persons who are blind or partially blind | 193 |
shall be subject to the same standards of sound actuarial | 194 |
principles or actual or reasonably anticipated actuarial | 195 |
experience as are sighted persons. Refusal to insure includes, but | 196 |
is not limited to, denial by an insurer of disability insurance | 197 |
coverage on the grounds that the policy defines "disability" as | 198 |
being presumed in the event that the eyesight of the insured is | 199 |
lost. However, an insurer may exclude from coverage disabilities | 200 |
consisting solely of blindness or partial blindness when such | 201 |
conditions existed at the time the policy was issued. To the | 202 |
extent that the provisions of this division may appear to conflict | 203 |
with any provision of section 3999.16 of the Revised Code, this | 204 |
division applies. | 205 |
(R)(1) Directly or indirectly offering to sell, selling, or | 206 |
delivering, issuing for delivery, renewing, or using or otherwise | 207 |
marketing any policy of insurance or insurance product in | 208 |
connection with or in any way related to the grant of a student | 209 |
loan guaranteed in whole or in part by an agency or commission of | 210 |
this state or the United States, except insurance that is required | 211 |
under federal or state law as a condition for obtaining such a | 212 |
loan and the premium for which is included in the fees and charges | 213 |
applicable to the loan; or, in the case of an insurer or insurance | 214 |
agent, knowingly permitting any lender making such loans to engage | 215 |
in such acts or practices in connection with the insurer's or | 216 |
agent's insurance business. | 217 |
(b) Acts or practices of an insurer, its agents, | 226 |
representatives, or employees in connection with the solicitation, | 227 |
processing, or issuance of an insurance policy or product covering | 228 |
the student loan borrower or the borrower's spouse or dependent | 229 |
children, where such acts or practices take place more than one | 230 |
hundred eighty days after the date on which the borrower is | 231 |
notified that the student loan was approved. | 232 |
(Y)(1)(a) Limiting coverage under, refusing to issue, | 280 |
canceling, or refusing to renew, any individual policy or contract | 281 |
of life insurance, or limiting coverage under or refusing to issue | 282 |
any individual policy or contract of health insurance, for the | 283 |
reason that the insured or applicant for insurance is or has been | 284 |
a victim of domestic violence; | 285 |
(d) Inquiring, directly or indirectly, of an insured under, | 294 |
or of an applicant for, a policy or contract of life or health | 295 |
insurance, as to whether the insured or applicant is or has been a | 296 |
victim of domestic violence, or inquiring as to whether the | 297 |
insured or applicant has sought shelter or protection from | 298 |
domestic violence or has sought medical or psychological treatment | 299 |
as a victim of domestic violence. | 300 |
(b) Nothing in division (Y)(2) of this section shall be | 329 |
construed to permit an insurer to cancel or refuse to renew any | 330 |
policy or contract of health insurance in violation of the "Health | 331 |
Insurance Portability and Accountability Act of 1996," 110 Stat. | 332 |
1955, 42 U.S.C.A. 300gg-41(b), as amended, or in a manner that | 333 |
violates or is inconsistent with any provision of the Revised Code | 334 |
that implements the "Health Insurance Portability and | 335 |
Accountability Act of 1996." | 336 |
(BB) With respect to private passenger automobile insurance, | 363 |
no insurer shall charge differentcharging premium rates to | 364 |
persons residing within the limits of any municipal corporation | 365 |
that are excessive, inadequate, or unfairly discriminatory, | 366 |
pursuant to division (D) of section 3937.02 of the Revised Code, | 367 |
based solely on the location of the residence of the insured | 368 |
within those limits. | 369 |
(B) For purposes of this section, "motor vehicle," means a | 410 |
self-propelled vehicle designed for and principally used on public | 411 |
roads, including an automobile, truck, motorcycle, and a motor | 412 |
home, provided the motor home is not stationary and is not being | 413 |
used as a temporary or permanent residence or office. "Motor | 414 |
vehicle" does not include a trailer, motorized bicycle, golf cart, | 415 |
off-road recreational vehicle, snowmobile, watercraft, | 416 |
construction equipment, farm tractor or other vehicle designed and | 417 |
principally used for agricultural purposes, mobile home, vehicle | 418 |
traveling on treads or rails, or any similar vehicle. | 419 |
Sec. 3937.31. (A) Every automobile insurance policy shall be | 420 |
issued for a period of not less than two yearsone year or | 421 |
guaranteed renewable for successive policy periods totaling not | 422 |
less than two yearsone year. Where renewal is mandatory, | 423 |
"cancellation," as used in sections 3937.30 to 3937.39 of the | 424 |
Revised Code, includes refusal to renew a policy with at least the | 425 |
coverages, included insureds, and policy limits provided at the | 426 |
end of the next preceding policy period. No insurer may cancel any | 427 |
suchautomobile insurance policy except pursuant to the terms of | 428 |
the policy, and in accordance with sections 3937.30 to 3937.39 of | 429 |
the Revised Code, and for one or more of the following reasons: | 430 |
(2) Loss of driving privileges through suspension, | 435 |
revocation, or expiration of the driver's or commercial driver's | 436 |
license of the named insured or any member of the named insured's | 437 |
family covered as a driver; provided that the insurer shall | 438 |
continue the policy in effect but exclude by endorsement all | 439 |
coverage as to the person whose driver's license has been | 440 |
suspended, revoked, or has expired, if the person is other than | 441 |
the named insured or the principal operator; | 442 |
(F) A statement that if there is cause to believe such | 500 |
cancellation is based on erroneous information, or is contrary to | 501 |
law or the terms of the policy, the insured is entitled to have | 502 |
the matter reviewed by the superintendent of insurance, upon | 503 |
written application to the superintendent made not later than the | 504 |
effective date of cancellation of the policy, and that if a | 505 |
hearing is held by the superintendent of insurance, a deposit of | 506 |
five dollars shall be made, and that such deposit shall be | 507 |
returned to the insured if the finding is in his favor. | 508 |
Sec. 3937.33. An insurer may cancel an automobile insurance | 509 |
policy at such time prior to its expiration for such reasons as | 510 |
may be permitted by section 3937.31 of the Revised Code, by | 511 |
mailing to the insured, at histhe insured's last known address | 512 |
appearing on the insurer's records, at least thirty days prior to | 513 |
the effective date of cancellation, a notice of cancellation | 514 |
pursuant to section 3937.32 of the Revised Code. If such notice of | 515 |
cancellation, for a reason other than nonpayment of premium, does | 516 |
not contain an explanation of the reason for cancellation and the | 517 |
information upon which it is based, the insurer shall, within five | 518 |
days after receipt of the written request therefor by the insured, | 519 |
furnish explanation to the insured in writing. Prior to the | 520 |
effective date of cancellation, the insurer shall tenderrefund to | 521 |
the insured any refund premium and other sums which may be due the | 522 |
insured. | 523 |
Upon compliance by the insurer with all requirements of this | 524 |
section, such automobile insurance policy is cancelled on the | 525 |
effective date stated in the notice of cancellation, except as | 526 |
otherwise provided in section 3937.35 of the Revised Code. In the | 527 |
event of the insurer's failure to comply with any requirement of | 528 |
this section, such cancellation shall be ineffective and the | 529 |
policy shall continue in force until such time as it is cancelled | 530 |
or otherwise terminated pursuant to law and the terms of the | 531 |
policy. | 532 |
Sec. 3937.35. Upon receipt of a notice of cancellation given | 551 |
pursuant to section 3937.33 of the Revised Code at any time prior | 552 |
to the effective date of cancellation of a motor vehiclean | 553 |
automobile insurance policy, the insured may apply in writing to | 554 |
the superintendent of insurance for review of such cancellation. | 555 |
If the superintendent finds that grounds for hearing do not exist, | 556 |
he shall forthwith give written notice to the insured and insurer | 557 |
of such finding. If the superintendent finds that there is cause | 558 |
to believe that such cancellation is based on erroneous | 559 |
information, or is contrary to law or the terms of the policy, he | 560 |
the superintendent shall, not later than ten days following | 561 |
receipt of the application, hold a hearing to determine whether | 562 |
such cancellation is effective and shall give written notice of | 563 |
such
hearingfinding to the insured and the insurer not later than | 564 |
five days prior to the hearing thereof, provided that the insured | 565 |
make a deposit of five dollars by the hearing date. Such deposit | 566 |
shall be returned if the finding is in the insured's favor but | 567 |
otherwise shall be paid into the general revenue fund by the | 568 |
department of insurance. | 569 |
If, upon hearing, the superintendent finds that such | 570 |
cancellation is in accordance with law and the terms of the | 571 |
policy, hethe superintendent shall, within five days following | 572 |
hearing, issue hisa written orderfinding approving such | 573 |
cancellation in such case. If such order is issued less than ten | 574 |
days prior to the effective date of cancellation of the policy, | 575 |
the policy shall continue in force for ten days following the date | 576 |
of the order or until the insured secures other coverage, | 577 |
whichever occurs first, and the order of the superintendent shall | 578 |
so state. | 579 |
If, upon hearingreview, the superintendent finds that such | 580 |
cancellation is contrary to law or the terms of the policy, hethe | 581 |
superintendent shall issue hisa written orderfinding | 582 |
disapproving the cancellation and stating in what particulars the | 583 |
same is improper. In such case, the policy continues in force as | 584 |
provided in section 3937.33 of the Revised Code if the insured | 585 |
tenders to the insurer at the time of hearing thewithin ten days | 586 |
any premium refund made by the insurer. | 587 |
(D) "Owner" means a person who holds the legal title of a | 602 |
motor vehicle. If a motor vehicle is the subject of a lease with | 603 |
an immediate right of possession vested in the lessee, the lessee | 604 |
is the owner. A person listed as the owner on a certificate of | 605 |
title on which there is a notation of a security interest is the | 606 |
owner. A buyer or other transferee of a motor vehicle who receives | 607 |
the certificate of title from the seller or transferor listing the | 608 |
seller or transferor thereon as the owner with an assignment of | 609 |
title to the buyer or transferee nonetheless is the owner even | 610 |
though a subsequent certificate of title has not been issued | 611 |
listing the buyer or transferee as the owner. | 612 |
(I) "Motor vehicle" means every vehicle propelled by power | 628 |
other than muscular power or power collected from overhead | 629 |
electric trolley wires, except motorized bicycles, road rollers, | 630 |
traction engines, power shovels, power cranes and other equipment | 631 |
used in construction work and not designed for or employed in | 632 |
general highway transportation, hole-digging machinery, | 633 |
well-drilling machinery, ditch-digging machinery, farm machinery, | 634 |
threshing machinery, hay baling machinery, and agricultural | 635 |
tractors and machinery used in the production of horticultural, | 636 |
floricultural, agricultural, and vegetable products. | 637 |
(K) "Proof of financial responsibility" means proof of | 642 |
ability to respond in damages for liability, on account of | 643 |
accidents occurring subsequent to the effective date of such | 644 |
proof, arising out of the ownership, maintenance, or use of a | 645 |
motor vehicle in the amount of twentytwenty-five thousand dollars | 646 |
because of bodily injury to or death of one person in any one | 647 |
accident, in the amount of fortyfifty thousand dollars because of | 648 |
bodily injury to or death of two or more persons in any one | 649 |
accident, and in the amount of fifteentwenty-five thousand | 650 |
dollars because of injury to property of others in any one | 651 |
accident. | 652 |
(L) "Motor-vehicle liability policy" means an "owner's | 653 |
policy" or an "operator's policy" of liability insurance, | 654 |
certified as provided in section 4509.46 or 4509.47 of the Revised | 655 |
Code as proof of financial responsibility, and issued, except as | 656 |
provided in section 4509.47 of the Revised Code, by an insurance | 657 |
carrier authorized to do business in this state, to or for the | 658 |
benefit of the person named therein as insured. | 659 |
Sec. 4509.20. (A) A policy or bond does not comply with | 660 |
divisions (A)(5), (A)(6), and (A)(7) of section 4509.19 of the | 661 |
Revised Code unless issued by an insurance company or surety | 662 |
company authorized to do business in this state, except as | 663 |
provided in division (B) of this section, or unless such policy or | 664 |
bond is subject, if the accident has resulted in bodily injury or | 665 |
death, to a limit, exclusive of interest and costs, of not less | 666 |
than twentytwenty-five thousand dollars because of bodily injury | 667 |
to or death of one person in any one accident, and, subject to | 668 |
said limit for one person, to a limit of not less than
fortyfifty | 669 |
thousand dollars because of bodily injury to or death of two or | 670 |
more persons in one accident, and, if the accident has resulted in | 671 |
injury to, or destruction of property, to a limit of not less than | 672 |
fifteentwenty-five thousand dollars because of injury to or | 673 |
destruction of property of others in any one accident. | 674 |
(B) A policy or bond does not comply with divisions (A) (5), | 675 |
(A) (6), and (A) (7) of section 4509.19 of the Revised Code with | 676 |
respect to any motor vehicle which was not registered in this | 677 |
state or was a motor vehicle which was registered elsewhere than | 678 |
in this state at the effective date of the policy or bond or the | 679 |
most recent renewal thereof, unless the insurance company or | 680 |
surety company issuing such policy or bond is authorized to do | 681 |
business in this state, or if said company is not authorized to do | 682 |
business in this state unless it executes a power of attorney | 683 |
authorizing the registrar of motor vehicles to accept service on | 684 |
its behalf of notice or process in any action upon such policy or | 685 |
bond arising out of such accident. | 686 |
(B) Shall insure the person named therein and any other | 715 |
person, as insured, using any such motor vehicles with the express | 716 |
or implied permission of the insured, against loss from the | 717 |
liability imposed by law for damages arising out of the ownership, | 718 |
maintenance, or use of such vehicles within the United States or | 719 |
Canada, subject to monetary limits exclusive of interest and | 720 |
costs, with respect to each such motor vehicle, as follows: | 721 |