Ohio § 3901.41
Full text of Ohio Ohio Revised Code § 3901.41, with citation guidance and answers to common questions.
§ 3901.41.
(A) As used in this section: (1) “ Automated transaction ” has the same meaning as in section 1306.01 of the Revised Code , and includes electronic transactions between two or more persons conducting business
pursuant to the laws of this state relating to insurance. (2) “ Contact point ” means any electronic identification to which messages can be sent, including, but
not limited to, any of the following: (a) An electronic mail address; (b) An instant message identity; (c) A wireless telephone number, or any other personal electronic communication device; (d) A facsimile number. (3) “ Insured ” means a certificate holder, contract owner, customer, policyholder, or subscriber
as those terms are used in the laws of this state relating to insurance. (4) “Insurer” has the same meaning as in section 3901.32 of the Revised Code . (5) “Laws of this state relating to insurance” has the same meaning as in section 3901.04 of the Revised Code . (6) “ Personally identifiable information ” means any individually identifiable information gathered in connection with an insurance
transaction, including a person's name, address, social security number, and banking
information. (7) “ Secure web site ” means a web site that meets both of the following criteria: (a) The web site uses the hypertext transfer protocol secure communication protocol or
other equally secure communication protocol. (b) The web site requires a person to enter a unique user credential to access personally
identifiable information for which the person has the legal right to access. (B) Notwithstanding any laws of this state relating to insurance, sections 1306.01 to 1306.23 of the Revised Code , the “Uniform Electronics Transactions Act,” apply to the business of insurance in
this state. (C)(1) If an insured agrees to conduct the business of insurance via an automated transaction,
any information issued or delivered in writing may be issued or delivered electronically
to a contact point provided by the insured, as long as both of the following apply: (a) The transmission of information is in compliance with sections 1306.07 and 1306.14 of the Revised Code . (b) The details of the automated transaction are fully disclosed to the insured in the
application, policy, certificate, contract of insurance, or by another method that
ensures notice to the insured. An insurer's form used only to notify an insured of and obtain consent for an automated
transaction does not need to be approved or accepted by the superintendent of insurance. (2)(a) Except for notices of cancellation, nonrenewal, or termination, an insurer may deliver
information via a secure web site if the insurer sends an electronic notice to a contact
point and the electronic notice includes a hyperlink to the secure web site. (b) If an insurer uses a secure web site to deliver changes in terms or conditions in
an insured's policy, certificate, or contract of insurance, including any endorsements
or amendments, the electronic notice to the insured's contact point shall include
all of the following: (i) A list or summary of the changes; (ii) A link to the complete document located on the insurer's secure web site; (iii) The following or substantially similar statement displayed in a prominent manner: “There are changes in the terms or conditions of your policy, certificate, or contract
of insurance.” (3) At a minimum, the details of the automated transaction shall include all of the following: (a) A clear and conspicuous statement informing the insured of any right or option of
the insured to receive a record on paper; (b) The right of the insured to withdraw the insured's consent, and any consequences
or fees if the insured withdraws consent; (c) A description of the procedures the insured must use to withdraw consent and to update
the insured's contact point. (4) Agreement to participate in a part of an automated transaction shall not be used
to confirm the insured's consent to transact the entire business of insurance pursuant
to this section. (5) A withdrawal of consent by an insured shall be effective within a reasonable time
period, not to exceed ten business days after the receipt of the withdrawal by the
insurer. (D) The insurer shall send all notices of cancellation, nonrenewal, termination, or changes
in the terms or conditions of the policy, certificate, or contract of insurance to
the last known contact point supplied by the insured. If the insurer has knowledge that the insured's contact point is no longer valid,
the insurer shall send the information via regular mail to the last known address
furnished to the insurer by the insured. (E) Any insurer conducting the business of insurance via an automated transaction shall
allow the insurer's insureds who agree to participate in an automated transaction
the option to withdraw consent from participating in the automated transaction. (F) Notwithstanding any laws or regulations of this state relating to insurance, any
policy, certificate, or contract of insurance, including any endorsements or amendments,
that do not contain personally identifiable information may be posted to the insurer's
web site in lieu of any other method of delivery. If the insurer elects to post any policy, certificate, or contract of insurance
to the insurer's web site, all of the following shall apply: (1) The policy, certificate, or contract of insurance is readily accessible by the insured
and, once the policy, certificate, or contract of insurance is no longer used by the
insurer in this state, it is stored in a readily accessible archive; (2) The policy, certificate, or contract of insurance is posted in such a manner that
the insured can easily identify the insured's applicable policy, certificate, or contract
and print or download the insured's documents without charge and without the use of
any special program or application that is not readily available to the public without
charge; (3) The insurer provides written notice at the time of issuance of the initial policy,
certificate, contract, or any renewal forms of a method by which the insured may obtain
upon request a paper or electronic copy of their policy, certificate, or contract
without charge; (4) The insurer clearly identifies the applicable policy, endorsements, amendments, certificate,
or contract of insurance purchased by the insured on any declaration page, certificate
of insurance, summary of benefits, or other evidence of coverage issued to the insured; (5) The insurer gives notice, in the manner it customarily communicates with an insured,
of any changes to the policy, certificate, or contract of insurance, including any
endorsements or amendments, and of the insured's right to obtain upon request a paper
or electronic copy of the policy, endorsements, or amendments without charge. (G) Notwithstanding any other section of Title XXXIX or Chapters 1739. or 1751. of the
Revised Code or rules adopted thereunder to the contrary, an insurer may deliver any
notices, documents, or information to an insured via an automated transaction pursuant
to this section. (H) This section does not supersede any time periods, filing requirements, or content
of notices, documents, notices to insureds' agents required pursuant to sections 3937.25 , 3937.26 , and 3937.27 of the Revised Code , or information otherwise required by a law other than this section relating to insurance. This section does not apply to disclosures through electronic media of certificates,
explanation of benefit statements, and other mandated materials under the “Employee
Retirement Income Security Act of 1974,” 88 Stat. 829, 29 U.S.C. 1001 , as amended, and any regulation adopted thereunder. (I) If the consent of an insured to receive certain notices, documents, or information
in an electronic form is on file with an insurer before September 4, 2014, if the
consent was not accompanied by the details of the automated transaction described
in division (C)(3) of this section, and if, pursuant to this section, an insurer intends
to deliver additional notices, documents, or information to that insured in an electronic
form, then, prior to delivering or at the time of delivering such additional notice,
documents, or information electronically, the insurer shall notify the insured of
the details of the automated transaction in compliance with division (C)(3) of this
section. (J)(1) The purchase of a policy of insurance through an online platform shall be considered
an agreement to conduct the business of insurance via an automated transaction under
this section, and the insured shall be considered to have affirmatively consented
to have all notices and documents related to the policy delivered to the insured electronically. (2) Notwithstanding division (J)(1) of this section, if an insured purchasing a policy
of insurance via an online platform requests to receive all notices and documents
in paper format, the insurer shall provide all notices and other documents related
to the policy to the insured in paper format. (3) Nothing in division (J) of this section requires an insurer to offer or otherwise
provide an online platform to conduct the business of insurance. (4) As used in division (J) of this section, “ online platform ” means a web site or other digital application designed to facilitate the purchase
of insurance policies by parties from a licensed insurer. (K) The superintendent of insurance may adopt rules in accordance with Chapter 119. of
the Revised Code as the superintendent considers necessary to carry out the purposes
of this section.
Frequently Asked Questions About Ohio § 3901.41
What does Ohio Revised Code § 3901.41 cover?
Section 3901.41 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Ohio § 3901.41?
A common citation format is "Ohio Revised Code § 3901.41" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Ohio law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.
How does Ohio § 3901.41 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Ohio.