Ohio § 3937.19

§ 3937.19.

(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.