2006 Ohio Revised Code - 3937.35. Review of cancellation by superintendent; hearing; disposition.

§ 3937.35. Review of cancellation by superintendent; hearing; disposition.
 

Upon receipt of a notice of cancellation given pursuant to section 3937.33 of the Revised Code at any time prior to the effective date of cancellation of a motor vehicle insurance policy, the insured may apply in writing to the superintendent of insurance for review of such cancellation. If the superintendent finds that grounds for hearing do not exist, he shall forthwith give written notice to the insured and insurer of such finding. If the superintendent finds that there is cause to believe that such cancellation is based on erroneous information, or is contrary to law or the terms of the policy, he shall, not later than ten days following receipt of the application, hold a hearing to determine whether such cancellation is effective and shall give written notice of such hearing to the insured and the insurer not later than five days prior to the hearing thereof, provided that the insured make a deposit of five dollars by the hearing date. Such deposit shall be returned if the finding is in the insured's favor but otherwise shall be paid into the general revenue fund by the department of insurance. 
 

If, upon hearing, the superintendent finds that such cancellation is in accordance with law and the terms of the policy, he shall, within five days following hearing, issue his written order approving such cancellation in such case. If such order is issued less than ten days prior to the effective date of cancellation of the policy, the policy shall continue in force for ten days following the date of the order or until the insured secures other coverage, whichever occurs first, and the order of the superintendent shall so state. 
 

If, upon hearing, the superintendent finds that such cancellation is contrary to law or the terms of the policy, he shall issue his written order disapproving the cancellation and stating in what particulars the same is improper. In such case, the policy continues in force as provided in section 3937.33 of the Revised Code if the insured tenders to the insurer at the time of hearing the premium refund made by the insurer. 
 

HISTORY: 133 v S 334. Eff 1-1-70.
 

The effective date is set by section 2 of the act.