Ohio § 3937.28

§ 3937.28.

(A) A notice of cancellation of a policy of medical malpractice insurance shall not be

issued by any licensed insurer unless it is based on one of the following grounds: (1) Nonpayment of premium; (2) Discovery of fraud or material misrepresentation in the procurement of the insurance

or with respect to any claims submitted thereunder; (3) Discovery of a moral hazard or willful or reckless acts or omissions on the part

of the named insured that increase any hazard insured against; (4) The occurrence of a change in the individual risk that substantially increases any

hazard insured against after insurance coverage has been issued or renewed, except

to the extent the insurer reasonably should have foreseen the change or contemplated

the risk in writing the contract; (5) Loss of applicable reinsurance or a substantial decrease in applicable reinsurance,

if the superintendent of insurance has determined that reasonable efforts have been

made to prevent the loss of, or substantial decrease in, the applicable reinsurance,

or to obtain replacement coverage; (6) Failure of an insured to correct material violations of safety codes or to comply

with reasonable written loss control recommendations; (7) A determination by the superintendent that the continuation of the policy would create

a condition that would be hazardous to the policyholders or the public. (B) The notice of cancellation required by this section shall be in writing, be mailed

both to the insured at the insured's last known address and to the insured's agent,

and contain all of the following: (1) The policy number; (2) The date of the notice; (3) The effective date of the cancellation; (4) An explanation of the grounds for cancellation. (C) Except when cancellation is for nonpayment of premium, the effective date of cancellation

shall be not less than sixty days from the date of mailing the notice.  When cancellation is for nonpayment of premium, the effective date of cancellation

shall be not less than ten days from the date of mailing the notice.  The insurer may include the notice described in division (D)(2) of section 3937.25 of the Revised Code . (D) Nothing in division (A) of this section shall be construed to prevent an insurer

from writing a policy of medical malpractice insurance for a period greater than one

year and providing in such policy that the insurer may issue a notice of cancellation

of such policy at least sixty days prior to an anniversary of such policy, with the

effective date of cancellation being that anniversary. The superintendent may prescribe that adequate disclosure be made to the insured when

a policy is issued for a term of more than one year. (E) There is no liability on the part of, and no cause of action of any nature arises

against, the superintendent, any insurer, or any person furnishing information requested

by the superintendent or an insurer, or the agent, employee, attorney or other authorized

representative of any such persons, for any oral or written statement made to supply

information relevant to a determination on cancellation of any policy of medical malpractice

insurance, or in connection with advising an insured or the insured's attorney of

the grounds for a cancellation of such insurance, or in connection with any administrative

or judicial proceeding arising out of or related to such cancellation.