Effective: September 4, 2014
Latest Legislation: Senate Bill 140 - 130th General Assembly
(A) As used in this section:
(1) "Personal lines policy of insurance" means a policy of property and casualty insurance issued to a natural person primarily for personal or family protection for personal automobile, homeowner's, tenant's, mobile-homeowner's, non-commercial dwelling fire or personal umbrella coverage.
(2) "Customer" has the same meaning as in section 3901.19 of the Revised Code.
(B)(1) An insurer may, but is not required to, provide or make a policy summary of material coverages and exclusions in a personal lines policy of insurance available to a customer. If an insurer chooses to provide or make any such policy summary available, the summary shall include at a minimum all of the following:
(a) A brief description of the principal benefits provided under the policy for which a premium is charged;
(b) A brief description of the principal exclusions, provided under the policy;
(c) A statement of the loss valuation methods provided under the policy;
(d) The following notice, or a substantially similar notice, prominently displayed in conjunction with the policy summary:
"You should read your insurance policy and get assistance in understanding the coverages and any exclusions directly from your agent or the insurance company issuing your policy. This policy summary is for informational purposes only and is designed to provide a basic description of insurance coverages and exclusions in your policy. This summary does not reflect all the coverages and exclusions contained in your policy and is qualified in its entirety to the policy terms.
State law prohibits this policy summary from replacing, modifying, altering, amending, or changing any of the terms or provisions of the insurance policy that is the subject of this summary."
(2) A policy summary, as described in division (B)(1) of this section, does not include the policy declarations page and any notations contained therein.
(C) Nothing contained in this section shall be construed to prohibit an insurer from providing information related to an insurance policy that does not meet the requirements prescribed in division (B) of this section.
(D) An insurer may display sections of a policy summary individually, in any combination or in any order, as long as the summary meets the requirements prescribed in division (B) of this section and the notice contained in division (B)(1)(d) of this section appears in each section of the policy summary. If the policy summary is paginated, then the notice contained in division (B)(1)(d) of this section shall appear on each page.
(E) An insurer's election to provide or make a policy summary available to a customer does not obligate the insurer to provide a policy summary upon the renewal of the policy or for any other policies issued to the same customer.
(F) If an insurer elects to provide or make a policy summary available for a personal lines policy of insurance, the insurer shall provide a policy summary for the named insured under a policy for that product.
(G) A policy summary provided or made available under this section shall not be considered a replacement for the terms of the policy of insurance, shall not have the effect of altering the coverage afforded by the policy, and shall not confer new or additional rights beyond those expressly provided for in the policy. Nothing in this section shall be construed to create or imply a private cause of action for a violation of this section. A policy summary provided or made available pursuant to this section shall not be admissible in court or in any other legal or administrative proceeding, except to enforce division (H) of this section.
(H) No person doing the business of insurance in this state shall provide or use a policy summary that contains any false, misleading, or deceptive representation or statement.
(I) Any violation of this section is an unfair and deceptive act or practice in the business of insurance under sections 3901.19 to 3901.26 of the Revised Code. If the superintendent, by written order, finds that any person is about to engage, is engaging, or has engaged in a violation of this section, the superintendent may impose any or all of the administrative remedies set forth in divisions (D)(1) to (5) of section 3901.22 of the Revised Code. If the superintendent finds that the violation was due to gross or willful misconduct, the superintendent may order that person to reimburse any customer harmed by the violation or violations, including reimbursement or payment of insurance claims for which a loss occurred as a result of a customer's reliance upon a policy summary containing any false, misleading, or deceptive representation or statement.
Structure Ohio Revised Code
Chapter 3937 | Casualty Insurance; Motor Vehicle Insurance
Section 3937.01 | Regulation of Rates for Casualty Insurance - Exceptions.
Section 3937.011 | Application of Sections.
Section 3937.02 | Basic Provisions for Rate Making.
Section 3937.021 | Relevant Factors for Determining Rates.
Section 3937.03 | Classifications - Rules - Rates - Rating Plan.
Section 3937.04 | Hearing on Rates and Filings.
Section 3937.05 | Application for License as Rating Organization.
Section 3937.06 | Deviation From Filings.
Section 3937.07 | Advisory Organizations.
Section 3937.08 | Rate Information Furnished Insurer Upon Request - Right of Review and Appeal.
Section 3937.09 | Advisory Organization - Functions - Requirements - Order of Superintendent.
Section 3937.10 | Regulations for Joint Underwriting and Joint Reinsurance.
Section 3937.11 | Examination of Rating Organization.
Section 3937.12 | Report of Loss Experience - Interchange of Rating Plan Data.
Section 3937.13 | Agreement for Apportionment of Insurance.
Section 3937.14 | Withholding Information or Making False Statements.
Section 3937.15 | Insurer May Request Hearing - Review of an Order or Decision of Superintendent.
Section 3937.16 | License May Be Suspended.
Section 3937.17 | Interpretation.
Section 3937.18 | Uninsured and Underinsured Motorist Coverage.
Section 3937.181 | Property Damage Coverage.
Section 3937.182 | Punitive or Exemplary Damages.
Section 3937.19 | Summary of Material Coverages and Exclusions for Personal Lines Policy.
Section 3937.21 | Insurance Company - Obligation to Defend.
Section 3937.22 | Prohibiting Increase in Cost When Insured Not at Fault.
Section 3937.25 | Grounds for Cancellation.
Section 3937.26 | Notice of Nonrenewal of Policy - Contents.
Section 3937.27 | Renewal Conditioned Upon Substantial Increase in Premium - Notice.
Section 3937.28 | Contents of Cancellation Notice.
Section 3937.29 | Notice of Intent to Terminate All Policies.
Section 3937.30 | Automobile Insurance Policy Defined.
Section 3937.31 | Policy Period or Guaranteed Renewable Successive Policy Periods.
Section 3937.32 | Notice of Cancellation.
Section 3937.33 | Cancellation Procedure.
Section 3937.34 | Notice of Nonrenewal of Policy - Contents.
Section 3937.35 | Cancellation Review by Superintendent of Insurance.
Section 3937.37 | Prohibiting Requirement of Disclosure.
Section 3937.38 | Prohibiting Failure to Renew Because of Age.
Section 3937.39 | Prohibiting Discrimination.
Section 3937.41 | Prohibiting Consideration of Work-Related Accidents.
Section 3937.411 | Tickets for Civil Violations.
Section 3937.42 | Cooperation in Investigating Fraudulent Claims.
Section 3937.45 | Prohibiting Consideration of Vehicle Weight Violations.