Ohio Rev. Code » Chapter 3905
Ohio Revised Code

Ohio Rev. Code § 3905.01 (2026)

Insurance producers licensing act definitions

✓ current as of May 2026
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Effective:
June 21, 2018
Latest Legislation:
Senate Bill 169 - 132nd General Assembly
PDF:
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As used in this chapter:

(A) "Affordable Care Act" means the "Patient Protection and Affordable Care Act," 124 Stat. 119, 42 U.S.C. 18031 (2011).

(B) "Business entity" means a corporation, association, partnership, limited liability company, limited liability partnership, or other legal entity.

(C) "Home state" means the state or territory of the United States, including the District of Columbia, in which an insurance agent maintains the insurance agent's principal place of residence or principal place of business and is licensed to act as an insurance agent.

(D) "In-person assister" means any person, other than a navigator, who receives any funding from, or who is selected or designated by, an exchange, the state, or the federal government to perform any of the activities and duties identified in division (i) of section 1311 of the Affordable Care Act. "In-person assister" includes any individual that is employed by, supervised by, or affiliated with an in-person assister and performs any of the activities and duties identified in division (i) of section 1311 of the Affordable Care Act, any non-navigator assistance personnel, and any other person deemed as such by rules adopted by the superintendent under division (L) of section 3905.471 of the Revised Code.

(E) "Insurance" means any of the lines of authority set forth in Chapter 1739., 1751., or 1761. or Title XXXIX of the Revised Code, or as additionally determined by the superintendent of insurance.

(F) "Insurance agent" or "agent" means any person that, in order to sell, solicit, or negotiate insurance, is required to be licensed under the laws of this state, including limited lines insurance agents and surplus line brokers.

(G) "Insurer" has the same meaning as in section 3901.32 of the Revised Code.

(H) "License" means the authority issued by the superintendent to a person to act as an insurance agent for the lines of authority specified, but that does not create any actual, apparent, or inherent authority in the person to represent or commit an insurer.

(I) "Limited line credit insurance" means credit life, credit disability, credit property, credit unemployment, involuntary unemployment, mortgage life, mortgage guaranty, mortgage disability, guaranteed automobile protection insurance, or any other form of insurance offered in connection with an extension of credit that is limited to partially or wholly extinguishing that credit obligation and that is designated by the superintendent as limited line credit insurance.

(J) "Limited line credit insurance agent" means a person that sells, solicits, or negotiates one or more forms of limited line credit insurance to individuals through a master, corporate, group, or individual policy.

(K) "Limited lines insurance" means those lines of authority set forth in divisions (B)(7) to (13) of section 3905.06 of the Revised Code or in rules adopted by the superintendent, or any lines of authority the superintendent considers necessary to recognize for purposes of complying with section 3905.072 of the Revised Code.

(L) "Limited lines insurance agent" means a person authorized by the superintendent to sell, solicit, or negotiate limited lines insurance.

(M) "NAIC" means the national association of insurance commissioners.

(N) "Insurance navigator" means a person selected to perform the activities and duties identified in division (i) of section 1311 of the Affordable Care Act that is certified by the superintendent of insurance under section 3905.471 of the Revised Code. "Insurance navigator" refers to a navigator specified in section 1311 of the Affordable Care Act, 42 U.S.C. 13031.

(O) "Negotiate" means to confer directly with, or offer advice directly to, a purchaser or prospective purchaser of a particular contract of insurance with respect to the substantive benefits, terms, or conditions of the contract, provided the person that is conferring or offering advice either sells insurance or obtains insurance from insurers for purchasers.

(P) "Person" means an individual or a business entity.

(Q) "Sell" means to exchange a contract of insurance by any means, for money or its equivalent, on behalf of an insurer.

(R) "Self-service storage facility" means an entity that is engaged in the business of providing real property designed and used for the purpose of renting or leasing individual storage space to the public who are to have access to the space for the purpose of storing and removing personal property on a self-service basis, but does not include a garage or other storage area in a private residence.

(S) "Solicit" means to attempt to sell insurance, or to ask or urge a person to apply for a particular kind of insurance from a particular insurer.

(T) "Superintendent" or "superintendent of insurance" means the superintendent of insurance of this state.

(U) "Terminate" means to cancel the relationship between an insurance agent and the insurer or to terminate an insurance agent's authority to transact insurance.

(V) "Uniform application" means the NAIC uniform application for resident and nonresident agent licensing, as amended by the NAIC from time to time.

(W) "Uniform business entity application" means the NAIC uniform business entity application for resident and nonresident business entities, as amended by the NAIC from time to time.

(X) "Exchange" means a health benefit exchange established by the state government of Ohio or an exchange established by the United States department of health and human services in accordance with the "Patient Protection and Affordable Care Act," 124 Stat. 119, 42 U.S.C. 18031 (2011).
Notes of Decisions
Cited in 23 cases (1 in the last 5 years), 1954–2026 · leading case: Indep. Ins. v. Fabe, 587 N.E.2d 814 (Ohio 1992).
Sort: Relevance Newest Treatment
Indep. Ins. v. Fabe, 587 N.E.2d 814 (Ohio 1992). · cites it 10× “04, but not in R.C. 3905.01. We are guided by certain basic rules of statutory construction: “Words and phrases shall be read in context and construed according to the rules of grammar and common usage.”
State ex rel. Huntington Ins. Agency, Inc. v. Duryee, 653 N.E.2d 349 (Ohio 1995). · cites it 4× “R.C. 3905.01(B) provides: *534 “ * * * Upon written notice by an insurance company authorized to transact business in this state of its appointment of a person to act as its agent, the superintendent, if he is satisfied * * * that in applying for such license it is not the…”
Indep. Ins. Agents of Ohio, Inc. v. Duryee, 641 N.E.2d 1117 (Ohio Ct. App. 1994). · cites it 10× “04 to include the unwritten words ‘or any affiliate thereof and entered a judgment declaring: tt * * * “ ‘DECLARED that Sections 3905.01, 3905.02, and 3905.04 of the Ohio Revised Code prohibit the licensing of any affiliate of a non-insurance' financial or lending institution *…”
Cascioli v. Cent. Mut. Ins., 448 N.E.2d 126 (Ohio 1983). · cites it 2× “The issues presented in this case, as posited by appellants, relate to the scope of an insurance agent’s apparent authority to bind an insurer pursuant to R.C. 3905.01. 2 The rule of apparent authority, as set forth in 1 Restatement of the Law of Agency 2d (1958) 375, Section…”
State ex rel. Huntington Ins. Agency, Inc. v. Duryee, 1995 Ohio 337 (Ohio 1995). · cites it 9× “88-056, which stated in part that neither R.C. 3905.01 nor 3905.04 prohibits the licensing of a corporate appointee insurance agency merely because it was owned by, or affiliated with, a noninsurance financial institution.”
Elliott v. Ohio Dep't of Ins., 623 N.E.2d 87 (Ohio Ct. App. 1993). · cites it 4× “State Auto submitted the requisite written notice to ODI pursuant to R.C. 3905.01. In September, the Warden sent a letter to State Auto informing the company that ODI could not process plaintiff’s license because ODI was conducting an investigation of plaintiff.”
Damon's Missouri, Inc. v. Davis, 590 N.E.2d 254 (Ohio 1992). “R.C. 3905.01(A)(1) provides a definition for the term “agent,” which reads as follows: “ ‘Agent’ means a person who is appointed, in compliance with this chapter, by an insurer to solicit applications for a policy or contract of insurance or to negotiate a policy or contract of…”
Hartford Cas. Ins. v. Easley, 630 N.E.2d 6 (Ohio Ct. App. 1993). “See, also, R.C. 3905.01(C), which provides that an insurance company is “bound by the acts” of its licensed agent “within his apparent authority as its agent.”
Randall v. Alan L. Rankin Ins., Inc., 526 N.E.2d 97 (Ohio Ct. App. 1987). · cites it 2× “R.C. 3905.01(C) provides in part that: “An insurance company shall be bound by the acts of the person named in the license within his apparent authority as its agent.”
Ohio Ass'n of Life Underwriters, Inc. v. Duryee, 642 N.E.2d 1145 (Ohio Ct. App. 1994). · cites it 2× “3d 310 , and Ohio Revised Code §§ 3905.01 and 3905.04 were dispositive of this case pursuant to Civil Rule 12(B)(6).”
Equity Diamond Brokers, Inc. v. Transnational Ins., 785 N.E.2d 816 (Ohio Ct. App. 2003). “Further, it argues that, in a *754 dispute between an insured and various members of the insurance industry who were not licensed to conduct business in Ohio, the trial court erred in failing to apply R.”
Clements v. Ohio State Life Ins., 514 N.E.2d 876 (Ohio Ct. App. 1986). “R.C. 3905.01. A general agent ordinarily has the authority, inter alia, to sign, issue and deliver policies of insurance.”
Show all 23 citing cases →
Ohio Rev. Code § 3905.01(A)(1): 1 case
Damon's Missouri, Inc. v. Davis, 590 N.E.2d 254 (Ohio 1992). “R.C. 3905.01(A)(1) provides a definition for the term “agent,” which reads as follows: “ ‘Agent’ means a person who is appointed, in compliance with this chapter, by an insurer to solicit applications for a policy or contract of insurance or to negotiate a policy or contract of…”
Ohio Rev. Code § 3905.01(B): 6 cases
Indep. Ins. v. Fabe, 587 N.E.2d 814 (Ohio 1992). “04, but not in R.C. 3905.01. We are guided by certain basic rules of statutory construction: “Words and phrases shall be read in context and construed according to the rules of grammar and common usage.”
State ex rel. Huntington Ins. Agency, Inc. v. Duryee, 653 N.E.2d 349 (Ohio 1995). “R.C. 3905.01(B) provides: *534 “ * * * Upon written notice by an insurance company authorized to transact business in this state of its appointment of a person to act as its agent, the superintendent, if he is satisfied * * * that in applying for such license it is not the…”
Indep. Ins. Agents of Ohio, Inc. v. Duryee, 641 N.E.2d 1117 (Ohio Ct. App. 1994). “04 to include the unwritten words ‘or any affiliate thereof and entered a judgment declaring: tt * * * “ ‘DECLARED that Sections 3905.01, 3905.02, and 3905.04 of the Ohio Revised Code prohibit the licensing of any affiliate of a non-insurance' financial or lending institution *…”
State ex rel. Huntington Ins. Agency, Inc. v. Duryee, 1995 Ohio 337 (Ohio 1995). “88-056, which stated in part that neither R.C. 3905.01 nor 3905.04 prohibits the licensing of a corporate appointee insurance agency merely because it was owned by, or affiliated with, a noninsurance financial institution.”
Elliott v. Ohio Dep't of Ins., 623 N.E.2d 87 (Ohio Ct. App. 1993). “State Auto submitted the requisite written notice to ODI pursuant to R.C. 3905.01. In September, the Warden sent a letter to State Auto informing the company that ODI could not process plaintiff’s license because ODI was conducting an investigation of plaintiff.”
Ohio Rev. Code § 3905.01(C): 5 cases
Hartford Cas. Ins. v. Easley, 630 N.E.2d 6 (Ohio Ct. App. 1993). “See, also, R.C. 3905.01(C), which provides that an insurance company is “bound by the acts” of its licensed agent “within his apparent authority as its agent.”
Randall v. Alan L. Rankin Ins., Inc., 526 N.E.2d 97 (Ohio Ct. App. 1987). “R.C. 3905.01(C) provides in part that: “An insurance company shall be bound by the acts of the person named in the license within his apparent authority as its agent.”
DeMatteis v. Am. Cmty. Mut. Ins., 616 N.E.2d 1208 (Ohio Ct. App. 1992).
Hardrives Paving & Constr. Co. v. Hartford Steam Boiler Inspection & Ins., 738 N.E.2d 463 (Ohio Ct. App. 2000).
Turner v. Progressive Specialty Ins., 594 N.E.2d 986 (Ohio Ct. App. 1991).
Ohio Rev. Code § 3905.01(H): 1 case
Fairbanks v. Broker's All. of Ohio, Inc., 2026 Ohio 2213 (Ohio Ct. App. 2026).
Ohio Rev. Code § 3905.01(O): 1 case
Fairbanks v. Broker's All. of Ohio, Inc., 2026 Ohio 2213 (Ohio Ct. App. 2026).
Ohio Rev. Code § 3905.01(Q): 1 case
Fairbanks v. Broker's All. of Ohio, Inc., 2026 Ohio 2213 (Ohio Ct. App. 2026).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.