Effective: October 16, 2010
Latest Legislation: House Bill 1 - 128th General Assembly
(A) Every property and casualty insurance company doing business in this state, except as exempted by the superintendent of insurance, annually, shall cause to be prepared by a qualified actuary, appointed by the company, the following documents:
(1) An actuarial opinion that certifies to the reasonableness of the insurance company's reserves and that shall be entitled a "statement of actuarial opinion";
(2) A summary that shall be in support of the statement of actuarial opinion and that shall be entitled an "actuarial opinion summary." An insurance company licensed but not domiciled in this state need not include the actuarial opinion summary in its submissions to the superintendent but shall make the summary available to the superintendent upon request.
(B) The insurance company annually shall submit the documents prepared pursuant to division (A) of this section to the superintendent in accordance with the national association of insurance commissioners' property and casualty annual statement instructions.
(C)(1) Every property and casualty insurance company doing business in this state shall prepare an actuarial report and underlying work papers to support the statement of actuarial opinion and the actuarial opinion summary required under division (A) of this section in accordance with the national association of insurance commissioners' property and casualty statement instructions. The insurance company shall make the actuarial report and underlying work papers available to the superintendent upon request.
(2) If an insurance company fails to provide the actuarial report or work papers at the request of the superintendent pursuant to division (C)(1) of this section or the superintendent determines that the actuarial report or work papers provided are unacceptable, the superintendent may contract with a qualified actuary at the expense of the insurance company to review the statement of actuarial opinion provided by the insurance company pursuant to division (A) of this section and the basis for that opinion and to prepare an actuarial report and work papers.
(D) Except in cases of fraud or willful misconduct on the part of the actuary, no actuary appointed by an insurance company to prepare the statement of actuarial opinion and actuarial opinion summary required under division (A) of this section is liable for damages to any person except the insurance company and the superintendent for any act, error, omission, decision, or conduct with respect to the actuary's opinion.
(E) The statement of actuarial opinion required under division (A) of this section is a public document and a public record as defined in section 149.43 of the Revised Code. However, the actuarial opinion summary, actuarial report, work papers, and any documents, materials or other information provided in support of the statement of actuarial opinion are privileged and confidential, are not a public record, and are not subject to subpoena or to discovery, and are not admissible in evidence in any private civil action.
Neither the superintendent nor any person who receives documents, materials, or other information required to be kept confidential under this division while acting under the authority of the superintendent shall testify in any private civil action concerning any documents, materials, or other information required to be kept confidential under this division.
This section shall not be construed to limit the superintendent's authority to release documents to the actuarial board for counseling and discipline so long as the documents are necessary for the purpose of professional disciplinary proceedings and the actuarial board for counseling and discipline establishes procedures satisfactory to the superintendent for preserving the confidentiality of the documents. Neither shall this section be construed to limit the superintendent's authority to use documents, materials, nor other information in furtherance of any regulatory or legal action brought as part of the superintendent's official duties.
(F) In order to assist in the performance of the superintendent's duties, the superintendent may do all of the following:
(1) Share documents, materials, or other information, including any documents, materials, or other information required to be kept confidential under division (E) of this section, with other state, federal, and international regulatory and law enforcement agencies and with the national association of insurance commissioners including its affiliates and subsidiaries if the recipient agrees to maintain the confidentiality and privileged status of the document, material, or other information and has the legal authority to maintain confidentiality;
(2) Receive documents, materials, or other information, including otherwise confidential and privileged documents, materials, and information from other state, federal, and international regulatory and law enforcement agencies and from the national association of insurance commissioners including its affiliates and subsidiaries. The superintendent shall maintain the confidentiality and privileged status of any document, material, or other information received with notice of confidential and privileged status under the laws of the jurisdiction that is the source of the document, material, or information.
(3) Enter into agreements consistent with divisions (E) and (F) of this section for the sharing and use of information.
(G) No waiver of any privilege or claim of confidentiality of documents, materials, or other information shall occur as a result of any disclosure to the superintendent under this section or as a result of any sharing of documents, materials, or other information authorized by the superintendent under division (G) of this section.
(H) As used in this section, "qualified actuary" means a person who is a member in good standing of the American academy of actuaries and who meets the requirements identified in the national association of insurance commissioners' property and casualty statement instructions.
Last updated May 6, 2021 at 4:00 PM
Structure Ohio Revised Code
Chapter 3903 | Reserve Valuation; Rehabilitation and Liquidation
Section 3903.01 | Reserve Valuation - Rehabilitation and Liquidation Definitions.
Section 3903.02 | Citing of Act - Purpose of Act.
Section 3903.03 | Application of Sections.
Section 3903.04 | Jurisdiction.
Section 3903.05 | Temporary Restraining Orders - Injunctions.
Section 3903.06 | Duty of Persons Exercising Control to Cooperate With Superintendent.
Section 3903.07 | Responsibilities of Superintendent and Deputies.
Section 3903.08 | Effect on Pending Proceedings.
Section 3903.09 | Correction Orders Issued by Superintendent.
Section 3903.10 | Complaint - Court May Issue Ex Parte Seizure or Other Order.
Section 3903.11 | Confidentiality of Information - Exceptions.
Section 3903.12 | Grounds for Rehabilitation Order.
Section 3903.13 | Rehabilitation Orders.
Section 3903.14 | Employment of Special Deputies.
Section 3903.15 | Stay of Actions - Statute of Limitations - Standing.
Section 3903.16 | Motion for Order of Liquidation - Order Terminating Rehabilitation of Insurer.
Section 3903.17 | Basis for Liquidation Order.
Section 3903.18 | Liquidation Orders.
Section 3903.19 | Effect of Liquidation Order on Policies.
Section 3903.20 | Dissolution of Corporate Existence.
Section 3903.21 | Liquidator - Powers and Duties.
Section 3903.22 | Notice of Liquidation Order.
Section 3903.24 | Civil Action Against Liquidator or Insurer.
Section 3903.25 | Duplicate List of Insurer's Assets.
Section 3903.26 | Transfers and Obligations Incurred One Year Prior to Proceeding.
Section 3903.27 | Transfers Made After Filing of Complaint.
Section 3903.28 | Preferences.
Section 3903.29 | Allowance of Claims.
Section 3903.30 | Allowance of Setoffs and Counterclaims.
Section 3903.301 | Protection of Rights.
Section 3903.31 | Report of Liquidator to Court.
Section 3903.32 | Reducing Recovery From Reinsurer.
Section 3903.33 | Payment of Unpaid Earned Premiums.
Section 3903.35 | Proof of Claims to Be Filed With Liquidator.
Section 3903.36 | Proof of Claim Contents.
Section 3903.37 | Contingent Claims- Absolute Claims.
Section 3903.38 | Third Party-Party Claims.
Section 3903.39 | Written Notice of Denial of Claim.
Section 3903.40 | Claims Secured by Undertaking of Another Person.
Section 3903.41 | Methods of Determining Value of Security Held by Secured Creditor.
Section 3903.42 | Priority of Distribution of Claims.
Section 3903.421 | Medicaid Health Insuring Corporation Bond and Securities.
Section 3903.43 | Review and Investigation of Claims.
Section 3903.44 | Court Payment of Distributions.
Section 3903.45 | Distribution of Unclaimed and Withheld Funds.
Section 3903.46 | Discharge of Liquidator.
Section 3903.47 | Motion to Reopen Proceedings.
Section 3903.48 | Court to Direct Retention or Destruction of Insurer's Records.
Section 3903.49 | Audit of Books of Proceeding.
Section 3903.50 | Order Appointing Conservator.
Section 3903.51 | Order Directing Liquidation.
Section 3903.52 | Power of Domiciliary Liquidator.
Section 3903.53 | Appointing Ancillary Receiver.
Section 3903.54 | Discretion of Superintendent to Commence Proceedings.
Section 3903.55 | Foreign Claimants.
Section 3903.56 | Ohio Residents Claiming Against Foreign Insurers.
Section 3903.57 | Attachment, Garnishment or Execution Proceedings Blocked.
Section 3903.58 | Distribution Order Among Claimants From Reciprocal States.
Section 3903.59 | Failure to Transfer Assets to Ohio Liquidator by Ancillary Receiver.
Section 3903.71 | Unsound Company, Suspension of Authority to Do Business.
Section 3903.72 | Definitions for Sections 3903.72 to 3903.7211.
Section 3903.721 | Valuation of Reserves.
Section 3903.722 | Submission of Data Prior to Operative Date of Valuation Manual.
Section 3903.723 | Minimum Standards for the Valuation of Policies.
Section 3903.724 | Determination of Valuation Interest Rate.
Section 3903.725 | Valuation for Individual Annuity and Pure Endowment Contracts.
Section 3903.726 | Submissions Prior to Operative Date of Valuation Manual.
Section 3903.727 | Valuation for Accident and Health Insurance Contracts.
Section 3903.728 | Policies Issued on or After the Operative Date of the Valuation Manual.
Section 3903.729 | Established Reserves; Principle-Based Valuation.
Section 3903.7210 | Submission of Prescribed Data.
Section 3903.7211 | Confidential Information.
Section 3903.73 | Deposit of Securities With Treasurer of State.
Section 3903.74 | Sale and Distribution of Securities of Defaulting Companies.
Section 3903.75 | Notice to Claimants.
Section 3903.76 | Court Procedure.
Section 3903.77 | Property and Casualty Insurance Reporting Requirements.
Section 3903.81 | Risk-Based Capital for Insurers Model Act Definitions.
Section 3903.82 | Annual Report.
Section 3903.83 | Duty to Submit Plan.
Section 3903.84 | Regulatory Action Level Event Duties of Superintendent and Insurer.
Section 3903.85 | Authorized Control Level Event Duties of Superintendent and Insurer.
Section 3903.86 | Mandatory Control Level Event Duties of Superintendent and Insurer.
Section 3903.87 | Right to Request Hearing.
Section 3903.88 | Confidential Information.
Section 3903.89 | Effectiveness of Notice.
Section 3903.90 | Annual Report by Foreign Insurer.
Section 3903.91 | Regulatory Officials - Immunity.
Section 3903.92 | Requirements for Exempting Insurer From Sections.