Ohio § 1343.03

§ 1343.03.

(A) In cases other than those provided for in sections 1343.01 and 1343.02 of the Revised Code , when money becomes due and payable upon any bond, bill, note, or other instrument

of writing, upon any book account, upon any settlement between parties, upon all verbal

contracts entered into, and upon all judgments, decrees, and orders of any judicial

tribunal for the payment of money arising out of tortious conduct or a contract or

other transaction, the creditor is entitled to interest at the rate per annum determined

pursuant to section 5703.47 of the Revised Code , unless a written contract provides a different rate of interest in relation to the

money that becomes due and payable, in which case the creditor is entitled to interest

at the rate provided in that contract. (B) Except as provided in divisions (C) and (D) of this section and subject to section 2325.18 of the Revised Code , interest on a judgment, decree, or order for the payment of money rendered in a

civil action based on tortious conduct or a contract or other transaction, including,

but not limited to a civil action based on tortious conduct or a contract or other

transaction that has been settled by agreement of the parties, shall be computed from

the date the judgment, decree, or order is rendered to the date on which the money

is paid and shall be at the rate determined pursuant to section 5703.47 of the Revised Code that is in effect on the date the judgment, decree, or order is rendered.  That rate shall remain in effect until the judgment, decree, or order is satisfied. (C)(1) If, upon motion of any party to a civil action that is based on tortious conduct,

that has not been settled by agreement of the parties, and in which the court has

rendered a judgment, decree, or order for the payment of money, the court determines

at a hearing held subsequent to the verdict or decision in the action that the party

required to pay the money failed to make a good faith effort to settle the case and

that the party to whom the money is to be paid did not fail to make a good faith effort

to settle the case, interest on the judgment, decree, or order shall be computed as

follows: (a) In an action in which the party required to pay the money has admitted liability

in a pleading, from the date the cause of action accrued to the date on which the

order, judgment, or decree was rendered; (b) In an action in which the party required to pay the money engaged in the conduct

resulting in liability with the deliberate purpose of causing harm to the party to

whom the money is to be paid, from the date the cause of action accrued to the date

on which the order, judgment, or decree was rendered; (c) In all other actions, for the longer of the following periods: (i) From the date on which the party to whom the money is to be paid gave the first notice

described in division (C)(1)(c)(i) of this section to the date on which the judgment,

order, or decree was rendered.  The period described in division (C)(1)(c)(i) of this section shall apply only if

the party to whom the money is to be paid made a reasonable attempt to determine if

the party required to pay had insurance coverage for liability for the tortious conduct

and gave to the party required to pay and to any identified insurer, as nearly simultaneously

as practicable, written notice in person or by certified mail that the cause of action

had accrued. (ii) From the date on which the party to whom the money is to be paid filed the pleading

on which the judgment, decree, or order was based to the date on which the judgment,

decree, or order was rendered. (2) No court shall award interest under division (C)(1) of this section on future damages,

as defined in section 2323.56 of the Revised Code , that are found by the trier of fact. (D) Division (B) of this section does not apply to a judgment, decree, or order rendered

in a civil action based on tortious conduct or a contract or other transaction, and

division (C) of this section does not apply to a judgment, decree, or order rendered

in a civil action based on tortious conduct, if a different period for computing interest

on it is specified by law, or if it is rendered in an action against the state in

the court of claims, or in an action under Chapter 4123. of the Revised Code.