130th Ohio General Assembly
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(125th General Assembly)
(Substitute House Bill Number 139)



AN ACT
To amend sections 4509.51 and 4509.53 of the Revised Code to specify that policies under the Financial Responsibility Law remain subject to their terms and conditions.

Be it enacted by the General Assembly of the State of Ohio:

SECTION 1. That sections 4509.51 and 4509.53 of the Revised Code be amended to read as follows:

Sec. 4509.51.  Every Subject to the terms and conditions of an owner's policy, every owner's policy of liability insurance:

(A) Shall designate by explicit description or by appropriate reference all motor vehicles with respect to which coverage is thereby granted;

(B) Shall insure the person named therein and any other person, as insured, using any such motor vehicles with the express or implied permission of the insured, against loss from the liability imposed by law for damages arising out of the ownership, maintenance, or use of such vehicles within the United States or the Dominion of Canada, subject to monetary limits exclusive of interest and costs, with respect to each such motor vehicle, as follows:

(1) Twelve thousand five hundred dollars because of bodily injury to or death of one person in any one accident;

(2) Twenty-five thousand dollars because of bodily injury to or death of two or more persons in any one accident;

(3) Seven thousand five hundred dollars because of injury to property of others in any one accident.

Sec. 4509.53.  Every motor-vehicle liability policy is subject to the following provisions which need not be contained therein:

(A) The Subject to the terms and conditions of the policy, the liability of the insurance carrier with respect to the insurance required by sections 4509.01 to 4509.78, inclusive, of the Revised Code, shall become absolute conclusive whenever injury or damage covered by the policy occurs; the policy shall not be canceled or annulled as to such liability by any agreement between the insurance carrier and the insured after the occurrence of the injury; no statement made by the insured or on his the insured's behalf and no violation of the policy shall defeat or void the policy.

(B) The satisfaction by the insured of a judgment for such injury or damage shall not be a condition precedent to the right or duty of the insurance carrier to make payment on account of such injury or damage.

(C) The insurance carrier may settle any claim covered by the policy, and if such settlement is made in good faith, the amount thereof shall be deductible from the limits of liability specified in division (B) of section 4509.51 of the Revised Code.

(D) The policy, the written application therefor, and any rider or indorsement which does not conflict with sections 4509.01 to 4509.78, inclusive, of the Revised Code, shall constitute the entire contract between the parties.

SECTION 2. That existing sections 4509.51 and 4509.53 of the Revised Code are hereby repealed.

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