Ohio Code 3931.03 – Declaration under oath filed with superintendent of insurance
The attorney under section 3931.01 of the Revised Code shall file with the superintendent of insurance a declaration, verified by the attorney’s oath, or, when the attorney is a corporation, by the oath of its authorized officers, setting forth:
Terms Used In Ohio Code 3931.03
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- in writing: includes any representation of words, letters, symbols, or figures; this provision does not affect any law relating to signatures. See Ohio Code 1.59
- Oath: A promise to tell the truth.
- Oath: includes affirmation, and "swear" includes affirm. See Ohio Code 1.59
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Service of process: The service of writs or summonses to the appropriate party.
- United States: includes all the states. See Ohio Code 1.59
(A) The name of the attorney and the name or designation under which such contracts are issued, which name or designation shall not be so similar to any other name or designation previously adopted by an attorney, or by any insurance organization in the United States, prior to the adoption of such name or designation by the attorney, as to confuse or deceive, unless such other attorney or organization consents thereto in writing;
(B) The location of the principal office;
(C) The kind of insurance to be effected;
(D) A copy of each form of policy, contract, or agreement under or by which such insurance is to be effected;
(E) A copy of the form of power of attorney under which such insurance is to be effected;
(F) The fact that applications have been made for indemnity upon at least seventy-five separate risks, aggregating not less than one and one-half million dollars, represented by executed contracts or bona fide applications to become concurrently effective;
(G) The fact that there is in the possession of such attorney net assets of not less than three hundred thousand dollars, available for the payment of losses;
(H) A financial statement in the form prescribed for the annual statement;
(I) The instrument authorizing service of process as provided for in section 3931.04 of the Revised Code;
(J) A certificate showing compliance with the deposit requirements, if any, applicable to a mutual insurance company authorized to do the kind or kinds of insurance to be effected;
(K) A copy of all bylaws, codes of regulations, any other document wherein the relationships between the subscribers and between the subscribers and the attorney are set forth, and any amendments to any of the foregoing. Any filing made pursuant to this division shall become effective thirty days from the date of filing, unless disapproved by the superintendent. Any action taken by the superintendent under this division may be appealed pursuant to Chapter 119 of the Revised Code.
This division does not apply to filings required pursuant to Chapters 3935. and 3937. of the Revised Code.