Ohio Code 3955.05 – Nonapplicability to certain kinds of insurance
Sections 3955.01 to 3955.19 of the Revised Code apply to all kinds of direct insurance, except:
Terms Used In Ohio Code 3955.05
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- 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.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Property: means real and personal property. See Ohio Code 1.59
- state: means the state of Ohio. See Ohio Code 1.59
- United States: includes all the states. See Ohio Code 1.59
(A) Title insurance;
(B) Fidelity or surety bonds, or any other bonding obligations;
(C) Credit insurance, vendors’ single interest insurance, collateral protection insurance, or any similar insurance protecting the interests of a creditor arising out of a creditor-debtor transaction;
(D) Mortgage guaranty, financial guaranty, residual value, or other forms of insurance offering protection against investment risks;
(E) Ocean marine insurance;
(F) Any insurance provided by or guaranteed by government, including, but not limited to, any department, board, office, commission, agency, institution, or other instrumentality or entity of any branch of state government, any political subdivision of this state, the United States or any agency of the United States, or any separate or joint governmental self-insurance or risk-pooling program, plan, or pool;
(G) Contracts of any corporation by which health services are to be provided to its subscribers;
(H) Life, annuity, health, or disability insurance, including sickness and accident insurance written pursuant to Chapter 3923 of the Revised Code;
(I) Fraternal benefit insurance;
(J) Mutual protective insurance of persons or property;
(K) Reciprocal or interinsurance contracts written pursuant to Chapter 3931 of the Revised Code for medical malpractice insurance if the reciprocal exchange or interinsurance exchange is not subject to the risk-based capital requirements in effect in the state of domicile of the reciprocal exchange or interinsurance exchange. As used in this division, “medical malpractice insurance” means insurance coverage against the legal liability of the insured and against loss, damage, or expense incident to a claim arising out of the death, disease, or injury of any person as the result of negligence or malpractice in rendering professional service by any licensed physician, podiatrist, or hospital, as those terms are defined in section 2305.113 of the Revised Code.
(L) Any political subdivision self-insurance program or joint political subdivision self-insurance pool established under Chapter 2744 of the Revised Code;
(M) Warranty or service contracts, or the insurance of those contracts;
(N) Any state university or college self-insurance program established under section 3345.202 of the Revised Code;
(O) Any transaction, or combination of transactions, between a person, including affiliates of such person, and an insurer, including affiliates of such insurer, that involves the transfer of investment or credit risk unaccompanied by a transfer of insurance risk;
(P) Credit union share guaranty insurance issued pursuant to Chapter 1761 of the Revised Code;
(Q) Insurance issued by risk retention groups as defined in Chapter 3960 of the Revised Code;
(R) Workers’ compensation insurance, including any contract indemnifying an employer who pays compensation directly to employees.
(S) Surplus lines insurance issued under section 3905.332 of the Revised Code.