Ohio Revised Code
Chapter 3916 | Viatical Settlements Model Act
Section 3916.19 | Injunctions.

Effective: September 11, 2008
Latest Legislation: House Bill 404 - 127th General Assembly
(A) In addition to the penalties and other enforcement provisions contained in this chapter, if any person violates any provision of this chapter or any rule or regulation implementing any provision of this chapter, the superintendent of insurance may seek an injunction in a court of competent jurisdiction and may apply for any temporary or permanent order that the superintendent determines is necessary to restrain the person from committing the violation.
(B) Any person damaged by any act of a person in violation of any provision of this chapter may bring a civil action against the person committing the violation in a court of competent jurisdiction. A civil action brought under this division does not preclude the superintendent from exercising any regulatory, enforcement, or other authority available to the superintendent under this chapter.
(C) In addition to the penalties and other enforcement provisions contained in this chapter, any person who violates any provision of this chapter is subject to a civil penalty of up to ten thousand dollars per violation. Imposition of civil penalties described in this division shall be pursuant to an order of the superintendent issued under Chapter 119. of the Revised Code. The superintendent's order may require a person found to be in violation of this chapter to make restitution to persons aggrieved by violations of this chapter.
(D) Any transaction related to the sale or financing of an interest or investment in a viatical settlement is subject to Chapter 1707. of the Revised Code and the rules adopted thereunder. Nothing in this chapter shall preempt, supersede, or limit the application of Chapter 1707. of the Revised Code and the rules adopted thereunder.

Structure Ohio Revised Code

Ohio Revised Code

Title 39 | Insurance

Chapter 3916 | Viatical Settlements Model Act

Section 3916.01 | Viatical Settlements Model Act Definitions.

Section 3916.02 | Viatical Settlement Provider or Broker License.

Section 3916.03 | Application for License - Issuance, Renewal - New or Revised Information.

Section 3916.031 | Licensed Broker Business to Maintain Licensed Individual.

Section 3916.04 | Broker Deemed to Represent Viator - Fiduciary Duty.

Section 3916.05 | Forms to Be Approved by Superintendent - Fees.

Section 3916.06 | Required Disclosures With Application.

Section 3916.07 | Viatical Settlement Provider - Duties - Confidentiality of Medical Information.

Section 3916.08 | Right to Rescind Contract After Receipt of Proceeds.

Section 3916.09 | Independent Escrow Agent.

Section 3916.10 | Limiting Contact With Insured After Settlement Has Occurred.

Section 3916.11 | Records - Examinations.

Section 3916.12 | Annual Statement - Financial Statements.

Section 3916.13 | Permitted Disclosures.

Section 3916.14 | Examination by Superintendent.

Section 3916.15 | Prohibitions.

Section 3916.16 | Conditions Permitting Entering Into Viatical Settlement Contract Within Two-Year Period Commencing With Date of Issuance of Insurance Policy or Certificate.

Section 3916.17 | Advertising of Viatical Settlement Contracts.

Section 3916.171 | Fraudulent Viatical Settlement Acts Prohibited.

Section 3916.172 | Transactions in Furtherance of Stranger-Originated Insurance Void.

Section 3916.173 | Trusts to Give Appearance of Insurable Interest Illegal.

Section 3916.18 | Prohibiting Fraudulent Acts.

Section 3916.19 | Injunctions.

Section 3916.20 | Rules.

Section 3916.21 | Prohibition.

Section 3916.99 | Penalty.