Ohio Revised Code
Chapter 3901 | Superintendent of Insurance
Section 3901.322 | Procedure for Violations.

Effective: March 17, 1989
Latest Legislation: House Bill 875 - 117th General Assembly
(A) Whenever it appears to the superintendent of insurance that any person has committed or is about to commit a violation of section 3901.321 of the Revised Code or of any rule or order issued by the superintendent under that section, the superintendent may apply to the court of common pleas of the county in which the principal office of the domestic insurer is located, or the court of common pleas of Franklin county if the domestic insurer has no such office in this state, for either or both of the following:
(1) An order enjoining the person from violating or continuing to violate section 3901.321 of the Revised Code or any such rule or order;
(2) Other equitable relief as the nature of the case and the interests of the public or the domestic insurer's policyholders, creditors, and shareholders may require.
(B)(1) No security that is the subject of any agreement or arrangement regarding acquisition, or which is acquired or to be acquired, in contravention of section 3901.321 of the Revised Code or of any rule or order issued by the superintendent under that section may be voted at any shareholder's meeting, or counted for quorum purposes. Any action of shareholders requiring the affirmative vote of a percentage of shares may be taken as though such securities were not issued and outstanding. No action taken at any such meeting shall be invalidated by the voting of such securities, unless the action would materially affect control of the domestic insurer, or unless the courts of this state have so ordered.
(2) If a domestic insurer or the superintendent has reason to believe that any security of the domestic insurer has been or is about to be acquired in contravention of section 3901.321 of the Revised Code or of any rule or order issued by the superintendent under that section, the domestic insurer or the superintendent may apply to the court of common pleas of the county in which the domestic insurer has its principal place of business, or the court of common pleas of Franklin county if the domestic insurer's principal place of business is not in this state, for any or all of the following:
(a) An order enjoining any offer, request, invitation, agreement, or acquisition made in contravention of section 3901.321 of the Revised Code or any rule or order issued by the superintendent under that section;
(b) An order enjoining the voting of any security so acquired;
(c) An order voiding any vote of such security already cast at any meeting of shareholders;
(d) Such other equitable relief as the nature of the case and the interests of the public or the domestic insurer's policyholders, creditors, and shareholders may require.
(C) In any case where a person has acquired or is proposing to acquire any voting securities in violation of section 3901.321 of the Revised Code or any rule or order issued by the superintendent under that section, the court of common pleas of Franklin county or the court of common pleas of the county in which the domestic insurer has its principal place of business may, upon the application of the domestic insurer or the superintendent and such notice as the court finds appropriate, seize or sequester any voting securities of the domestic insurer owned directly or indirectly by such person, and issue an order with respect thereto as may be appropriate to effectuate the purposes of section 3901.321 of the Revised Code.
(D) Notwithstanding any other provisions of law, for the purposes of sections 3901.321 to 3901.323 of the Revised Code, the situs of the ownership of the securities of domestic insurers is deemed to be in this state.

Structure Ohio Revised Code

Ohio Revised Code

Title 39 | Insurance

Chapter 3901 | Superintendent of Insurance

Section 3901.01 | Department of Insurance.

Section 3901.011 | Superintendent of Insurance - Powers and Duties.

Section 3901.02 | Appointment or Hiring of Employees.

Section 3901.021 | Department of Insurance Operating Fund.

Section 3901.03 | Warden - Duties - Office of Warden.

Section 3901.04 | Superintendent - Specific Powers.

Section 3901.041 | Rule-Making and Adjudicating Powers of Superintendent.

Section 3901.042 | Service and Transaction Fees.

Section 3901.043 | Fees for Services or Transactions Performed by Department of Insurance.

Section 3901.044 | Rules for Implementing Health Insurance Portability and Accountability Act.

Section 3901.045 | Receiving Confidential or Privileged Documents and Information.

Section 3901.046 | Electronic Signatures.

Section 3901.05 | Deputy Superintendent - Duties.

Section 3901.051 | Assistant Superintendent - Duties.

Section 3901.052 | Application for Innovative Waiver.

Section 3901.06 | Instruments Under Seal of the Superintendent.

Section 3901.07 | Examination of Financial Affairs of Insurer.

Section 3901.071 | Superintendent's Examination Fund.

Section 3901.072 | Corporate Governance Annual Disclosure Act.

Section 3901.073 | Corporate Governance Annual Disclosure.

Section 3901.074 | Format of Disclosure.

Section 3901.075 | Documents Deemed Proprietary.

Section 3901.076 | Retention of Third-Party Consultant.

Section 3901.077 | Rules.

Section 3901.078 | Penalty.

Section 3901.08 | Information From Banks.

Section 3901.09 | Duty of Bank Officers.

Section 3901.10 | Deficiency of Company Assets.

Section 3901.11 | Acquisition of Stock of Other Insurers.

Section 3901.12 | Interlocking Directorate.

Section 3901.13 | Hearing by Superintendent.

Section 3901.14 | Record and Report of Superintendent.

Section 3901.15 | Application of Law.

Section 3901.16 | Forfeiture.

Section 3901.17 | Personal Jurisdiction Over Foreign or Alien Insurer.

Section 3901.18 | Requirements for Unauthorized Foreign or Alien Insurer to Enter an Appearance.

Section 3901.19 | Unfair and Deceptive Practices Definitions.

Section 3901.20 | Prohibition Against Unfair or Deceptive Acts.

Section 3901.21 | Unfair and Deceptive Acts or Practices in Business of Insurance Defined.

Section 3901.211 | Lending of Money, Extension of Credit - Prohibited Acts.

Section 3901.212 | Consumer Protection Rules.

Section 3901.213 | Unfair and Deceptive Practices - Exceptions.

Section 3901.214 | Applicability of Prohibition on Inducements.

Section 3901.215 | Intent to Promote Innovation and Maintain Strong Consumer Protection.

Section 3901.22 | Hearings on Violation - Orders - Administrative Remedies.

Section 3901.221 | Cease-and-Desist Orders.

Section 3901.23 | Self-Incrimination.

Section 3901.24 | Unlawful Advertising.

Section 3901.241 | List of Top Twenty per Cent of Services and Expected Contributions.

Section 3901.25 | Action by Superintendent Against Insurer.

Section 3901.26 | Acts by Insurer Which Constitute Appointment of Superintendent as Attorney - Service of Statement.

Section 3901.27 | Adoption of Emergency Bylaws.

Section 3901.28 | Provisions Effective if No Emergency Bylaws.

Section 3901.29 | Succession List.

Section 3901.30 | Emergency Business Location.

Section 3901.31 | Filing Statements Indicating Ownership.

Section 3901.32 | Insurance Holding Company System Definitions.

Section 3901.321 | Mergers and Acquisitions of Domestic Insurers.

Section 3901.322 | Procedure for Violations.

Section 3901.323 | Jurisdiction.

Section 3901.33 | Registration; Enterprise Risk Report; Group Capital Calculation; Liquidity Stress Test.

Section 3901.34 | Transactions to Which Insurer Is a Party; Dividends and Distributions to Shareholders.

Section 3901.341 | Prior Review of Proposed Transactions.

Section 3901.35 | Requiring Production of Records.

Section 3901.351 | Participation in Supervisory College.

Section 3901.352 | Group-Wide Supervisor for Internationally Active Insurance Group.

Section 3901.36 | Confidential and Privileged Treatment of Documents and Information - Exceptions.

Section 3901.37 | Suspension, Revocation or Refusal to Renew License - Civil Forfeiture.

Section 3901.371 | Purpose of Sections 3901.371 to 3901.378.

Section 3901.372 | Definitions.

Section 3901.373 | Risk Management Framework.

Section 3901.374 | Own Risk and Solvency Assessment.

Section 3901.375 | Summary Report.

Section 3901.376 | Exemptions.

Section 3901.377 | Form and Content of Report; Review.

Section 3901.378 | Confidentiality.

Section 3901.38 | Prompt Payments to Health Care Providers Definitions.

Section 3901.381 | Third-Party Payers Processing Claims for Payment for Health Care Services.

Section 3901.382 | Electronic Submission of Claims.

Section 3901.383 | Contractual Agreements for Payments by Third-Party Payers.

Section 3901.384 | Untimely Claim Process.

Section 3901.385 | Third-Party Payer - Prohibited Acts.

Section 3901.386 | Reimbursement Contract - Reimbursements to Be Made Directly to Hospital - Assignment of Benefits.

Section 3901.387 | Duplicative Claims - Claim Information System.

Section 3901.388 | Payments Considered Final - Overpayment.

Section 3901.389 | Computation of Interest.

Section 3901.3810 | Complaints by Provider or Beneficiary - Retaliation by Payer.

Section 3901.3811 | Failure to Comply by Third-Party Payer.

Section 3901.3812 | Administrative Remedies.

Section 3901.3813 | Rules.

Section 3901.3814 | Exceptions to Provisions.

Section 3901.40 | Payment or Reimbursement to Unlicensed or Unaccredited Hospital Prohibited.

Section 3901.41 | Applicability of Uniform Electronics Transactions Act; Automated Transactions.

Section 3901.42 | Annual Filing With National Association of Insurance Commissioners.

Section 3901.44 | Records of Insurance Fraud Investigation.

Section 3901.45 | Effect of Sexual Orientation, Hiv, or AIDS or Related Condition.

Section 3901.46 | Requiring HIV Testing.

Section 3901.47 | Administration of Claims Unpaid Due to Insolvency of Insurer.

Section 3901.48 | Disclosing Work Papers Resulting From Conduct of Audit.

Section 3901.491 | Genetic Screening or Testing.

Section 3901.501 | Genetic Screening or Testing for Self-Insurance Plans.

Section 3901.51 | Uncertified Securities as Deposits Definitions.

Section 3901.52 | Insurance Company May Place Securities in Clearing Corporation or Federal Reserve Book-Entry System.

Section 3901.53 | Placement of Securities Shall Satisfy Deposit Requirements.

Section 3901.54 | Securities May Not Be Used for Other Purposes.

Section 3901.55 | Rules.

Section 3901.56 | Rewards or Incentives for Insurer Wellness or Health Improvement Programs.

Section 3901.61 | Credit for Reinsurance Ceded Definitions.

Section 3901.62 | Credit for Reinsurance Ceded as Asset or Reduction of Liability; Accreditation as Reinsurer.

Section 3901.621 | Suspension or Revocation of Reinsurer's Accreditation or Certification.

Section 3901.63 | Credit for Reinsurance Ceded as Reduction of Liability.

Section 3901.631 | Management of Reinsurance Recoverables by Domestic Ceding Insurer.

Section 3901.64 | Terms of Reinsurance or Security Agreement.

Section 3901.65 | Rules.

Section 3901.67 | Disclosure of Material Transactions Model Act Definitions.

Section 3901.68 | Provisions Application.

Section 3901.69 | Insurer to Report Material Transactions.

Section 3901.70 | Confidentiality of Reports - Exceptions.

Section 3901.71 | Application of Mandated Health Benefits.

Section 3901.72 | Money Advanced to Insurance Company or Health Insuring Corporation.

Section 3901.73 | Department to Forward Copy of Late Filing Notice to Board of Directors.

Section 3901.74 | Notice of Life Insurance Company Discontinuing Business.

Section 3901.75 | Notice of Insurance Companies Other Than Life Discontinuing Business.

Section 3901.76 | Security Valuation Expense Fund.

Section 3901.77 | Forms, Instructions, Manuals - Determination of Accounting Practices and Methods.

Section 3901.78 | Certificate of Compliance.

Section 3901.80 | Discriminating Against Living Organ Donors.

Section 3901.81 | Definitions.

Section 3901.811 | Pharmacy Audits.

Section 3901.812 | Rights of Pharmacy.

Section 3901.813 | Proceedings After Audit.

Section 3901.814 | Appeal Process.

Section 3901.815 | Applicability of Provisions.

Section 3901.82 | Restatement of the Law, Liability Insurance.

Section 3901.83 | Definitions for Sections 3901.83 to 3901.833.

Section 3901.831 | Implementation of Step Therapy Protocol.

Section 3901.832 | Step Therapy Exemption.

Section 3901.833 | Adoption of Rules.

Section 3901.86 | Retaliatory Provisions - Moneys Collected Paid to State Fire Marshal's Fund.

Section 3901.87 | No Coverage for Nontherapeutic Abortion.

Section 3901.88 | Actuarial Study Regarding Costs of Health Care Mandates.

Section 3901.89 | Health Plan Issuers Release Claim Information to Group Plan policyholders..

Section 3901.90 | Education on Mental Health and Addiction Services Insurance Parity.

Section 3901.91 | Adoption or Amendment of Rules Related to Insurance Rating Agencies.

Section 3901.95 | Direct Primary Care Agreement Not to Be Considered Insurance.

Section 3901.99 | Penalty.