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Sub. H. B. No. 139As Passed by the Senate
As Passed by the Senate
|125th General Assembly|
REPRESENTATIVES G. Smith, Gibbs, Barrett, Setzer, Sferra, Driehaus, Koziura, Faber, Cates, Clancy, Daniels, D. Evans, Fessler, Flowers, Gilb, Hughes, Martin, Niehaus, Olman, Raussen, Reidelbach, Schmidt, Schneider, Seitz, J. Stewart, Wolpert
SENATORS Nein, Mumper, White, Harris
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
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.
Section 1. That sections 4509.51 and 4509.53 of the Revised Code be amended to read as follows:
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
the Dominion of Canada, subject to monetary limits exclusive of
interest and costs, with respect to each such motor vehicle, as
(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
provisions which need not be contained therein:
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
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.