2006 Ohio Revised Code - 3931.11. List of persons authorized to solicit; revocation of authority.

§ 3931.11. List of persons authorized to solicit; revocation of authority.
 

Every attorney shall certify to the superintendent of insurance the names and addresses of the attorney's traveling full time salaried non-commission employees, primarily engaged in performing underwriting, loss prevention engineering and claim services, authorized by the attorney to solicit powers of attorney or applications for contracts of indemnity specified in section 3931.01 of the Revised Code. The authority of such persons shall continue until the first day of the next April, unless it is cancelled by the attorney and the certificate of such cancellation is filed with the superintendent, or unless the license of the attorney or authority of such person is revoked or suspended by the superintendent. Expiring certificates of authority of such persons may be renewed in like manner to continue until the first day of the next April. The superintendent shall record the names and addresses of such persons so that their names may conveniently be inspected and shall thereupon certify and deliver to the attorney a list of the names of all persons so recorded. 
 

If the superintendent finds that any such person has willfully violated, or failed to comply with, sections 3931.01 to 3931.12 of the Revised Code, or has been convicted of a felony in the United States, or in this or any state, or has been guilty of any act or acts that if performed by an agent licensed under Chapter 3905. of the Revised Code would constitute statutory grounds for the revocation of the agent's license, the superintendent may refuse or revoke the authority of the person and cancel the person's name on the superintendent's records, and the superintendent shall thereupon notify the person and the attorney of the revocation. Thereafter the person shall not act as representative of any attorney until a new certificate of authority by the attorney thereafter appointing the person is filed with and approved by the superintendent. 
 

No such person shall act for any attorney in placing insurance or making such contracts of indemnity, unless the attorney has the license required by section 3931.10 of the Revised Code, nor unless the unexpired, unrevoked, and unsuspended certificate of the person's authority is filed with the superintendent. Any such person shall be individually liable on any contract of indemnity made, issued, or accepted through that person as representing any attorney who is not licensed by the superintendent to make such contracts of indemnity. 
 

HISTORY: GC § 9556-11; 107 v 747, § 11; Bureau of Code Revision, 10-1-53; 125 v 406 (Eff 7-1-54); 128 v 322 (Eff 11-9-59); 146 v S 269 (Eff 7-1-96); 146 v S 259 (Eff 11-6-96); 147 v S 154 (Eff 6-30-98); 149 v S 129. Eff 9-1-2002.
 

The effective date is set by section 3 of SB 129. 

The provisions of § 11 of SB 259 (146 v  - ) read as follows: 

SECTION 11. Sections * * * 3923.121, 3931.11, and 3941.02 of the Revised Code are amended for similar purposes by this act (SB 259) and also by Am. Sub. S.B. 269 of the 121st General Assembly. Notwithstanding the rules of construction in section 1.52 of the Revised Code, it is the intention of the General Assembly that if both these acts become law, the amendments by this act (SB 259) to sections * * * 3923.121, 3931.11, and 3941.02 of the Revised Code supersede those of Am. Sub. S.B. 269 to the same sections.