Ohio Code § 3901.26
Ohio Code § 3901.26. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.
§ 3901.26.
(A) Any of the following acts in this state, effected by mail or otherwise, by any such
unauthorized foreign or alien insurer; (1) the issuance or delivery of contracts
or insurance to residents of this state, (2) the solicitation of applications for
such contracts, (3) the collection of premiums, membership fees, assessments, or other
considerations for such contracts, or (4) any other transaction of insurance business,
is equivalent to and constitutes an appointment by such insurer of the superintendent
of insurance and his successor or successors in office, to be its true and lawful
attorney, upon whom may be served all statements of charges, notices, and lawful process
in any proceeding instituted in respect to the misrepresentations set forth in section 3901.24 of the Revised Code under sections 3901.19 to 3901.26, inclusive, of the Revised Code , or in any action, suit, or proceeding for the recovery of any penalty therein provided,
and any such act shall be signification of its agreement that such service of statement
of charges, notices, or process is of the same legal force and validity as personal
service of such statement of charges, notices, or process in this state, upon such
insurer. (B) Service of a statement of charges and notices under sections 3901.19 to 3901.26, inclusive, of the Revised Code , shall be made by any deputy or employee of the department of insurance delivering
to and leaving with the superintendent or some person in apparent charge of his office,
two copies thereof. Service of process issued by any court in any action, suit, or proceeding to collect
any penalty under said sections, shall be made by delivering and leaving with the
superintendent, or some person in apparent charge of his office, two copies thereof. The superintendent shall forthwith cause to be mailed by registered mail one of
the copies of such statement of charges, notices, or process to the defendant at its
last known principal place of business, and shall keep a record of all statements,
charges, notices, and processes so served. Such service of statement of charges, notices, or process shall be sufficient provided
they shall have been so mailed and the defendant's receipt or receipt issued by the
post office with which the letter is registered, showing the name of the sender of
the letter and the name and address of the person to whom the letter is addressed,
and the affidavit of the person mailing such letter showing a compliance herewith
are filed with the superintendent in the case of any statement of charges or notices,
or with the clerk of the court in which such action is pending in the case of any
process, on or before the date the defendant is required to appear or within such
further time as may be allowed. (C) Service of statement of charges, notices, and process in any such proceeding, action,
or suit shall in addition to the manner provided in division (B) of this section be
valid if served upon any person within this state who on behalf of such insurer is
(1) soliciting insurance, or (2) making, issuing, or delivering any contract of insurance,
or (3) collecting or receiving in this state any premium for insurance; and a copy
of such statement of charges, notices, or process is sent within ten days thereafter
by registered mail by or on behalf of the superintendent to the defendant at the last
known principal place of business of the defendant, and the defendant's receipt, or
the receipt issued by the post office with which the letter is registered, showing
the name of the sender of the letter, the name and address of the person to whom the
letter is addressed, and the affidavit of the person mailing the same showing a compliance
herewith, are filed with the superintendent in the case of any statement of charges
or notices, or with the clerk of the court in which such action is pending in the
case of any process, on or before the date the defendant is required to appear or
within such further time as the court may allow. (D) No cease or desist order or judgment under this section shall be entered until the
expiration of thirty days from the date of the filing of the affidavit of compliance. (E) Service of process and notice under sections 3901.19 to 3901.26, inclusive, of the Revised Code , shall be in addition to all other methods of service provided by law, and nothing
in these sections shall limit or prohibit the right to serve any statement of charges,
notices, or process upon any insurer in any other manner permitted by law.
Source: official Ohio text · Last verified 2026-08-27
At a glance
- Citation: Ohio Revised Code § 3901.26
- 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
What is the source of Ohio Revised Code § 3901.26?
The text above is transcribed from the Ohio Revised Code, the codified statutes of Ohio. The official publisher link appears under "Verify the text" on this page.
What subject does Ohio Revised Code § 3901.26 address?
It addresses the rule set out in the section text. Read the section together with the surrounding provisions listed under "Nearby provisions" for the full picture.
Is Ohio Revised Code § 3901.26 still in force?
Statutes are amended, repealed, and renumbered every session. Confirm the current version at the official Ohio source before relying on this text.
Can this page be used as legal advice?
No. This is a reference transcription for research. Applying Ohio law to your facts requires a licensed Ohio attorney who can review the specifics.