Ohio Code § 1317.05
Ohio Code § 1317.05. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.
§ 1317.05.
(A) Any retail seller who, in any retail installment contract, has agreed to purchase
insurance for the retail buyer and to extend credit for the price thereof, excluding
single interest insurance, shall, prior to the due date of the first installment of
the retail installment contract, deliver to the retail buyer personally, or mail or
cause to be mailed to the retail buyer at the retail buyer's address as shown on the
retail installment contract, the policy of insurance, or in lieu thereof a certificate
of insurance, or the retail buyer is not liable on the retail buyer's retail installment
contract until the policy, or certificate of insurance, is received, or full refund
is made of the insurance premium. If the premium for insurance of like kind and amount, as fixed in the published manual
of a recognized standard rating bureau designated by the retail seller, is less than
the amount charged the retail buyer as fixed in the written instrument in compliance
with division (D) of section 1317.04 of the Revised Code , the retail buyer may deduct an amount equal to three times the difference from the
amount owed the retail seller, or the retail seller's successor in interest. Sections 1317.01 to 1317.11 of the Revised Code do not impair the authority of the superintendent of insurance to grant, renew, or
revoke licenses, nor do said sections authorize anyone other than a licensee of the
division of insurance to directly or indirectly receive any part of the amount charged
for insurance in connection with any retail installment sale. (B) As used in this division, “ debt cancellation or debt suspension product ” means a contractual agreement in which a retail seller, or its assignee, agrees
for a separate charge to cancel or waive all or a part of amounts due on a retail
buyer's retail installment contract in the event of a total physical damage loss or
unrecovered theft of the motor vehicle that is the subject of the contract. “ Debt cancellation or debt suspension product ” includes a guaranteed asset protection waiver, guaranteed auto protection waiver,
or other similarly named agreement. A “debt cancellation or debt suspension product” may also provide, with or without
a separate charge, a benefit that waives an amount, or provides a borrower with a
credit, towards the purchase of a replacement motor vehicle. A debt cancellation or debt suspension product, and an addendum to a retail installment
contract containing a debt cancellation or debt suspension product, shall be considered
a part of the retail installment contract and shall remain a part of that contract
upon the assignment, sale, or transfer of that contract. The charge for any optional debt cancellation or debt suspension product shall
be listed as a specific good and shall not be considered a finance charge or interest. The purchase price and the terms of the debt cancellation or debt suspension product
shall be disclosed in writing to the buyer. The extension of credit, terms of the credit, or the terms of the related motor
vehicle sale or lease shall not be conditioned on the purchase of the debt cancellation
or debt suspension product. Notwithstanding any other provision of law, a debt cancellation or debt suspension
product shall not be considered insurance. (C) Single interest insurance shall be listed as a specific good in a retail installment
contract. (D) As used in this section, “ single interest insurance ” means insurance that covers only the interest of the holder of the retail installment
contract.
Source: official Ohio text · Last verified 2026-08-27
At a glance
- Citation: Ohio Revised Code § 1317.05
- Jurisdiction: Ohio
- Code: Ohio Revised Code
- Text: transcribed from the official source (verify below)
Verify the text
Statute text is transcribed from the official Ohio Revised Code. Confirm it against the primary source before relying on it:
Not legal advice. Verify against the official source and consult a licensed Ohio attorney.
Common questions
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What subject does Ohio Revised Code § 1317.05 address?
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