Ohio Code § 3903.40
Ohio Code § 3903.40. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.
§ 3903.40.
Whenever a creditor whose claim against an insurer is secured, in whole or in part,
by the undertaking of another person, fails to prove and file that claim, the other
person may do so in the creditor's name, and shall be subrogated to the rights of
the creditor, whether the claim has been filed by the creditor or by the other person
in the creditor's name, to the extent that he discharges the undertaking. In the absence of an agreement with the creditor to the contrary, the other person
shall not be entitled to any distribution, however, until the amount paid to the creditor
on the undertaking plus the distributions paid on the claim from the insurer's estate
to the creditor equals the amount of the entire claim of the creditor. Any excess received by the creditor shall be held by him in trust for such other
person. The term “ other person ,” as used in this section, does not apply to a guaranty association or foreign guaranty
association.
Source: official Ohio text · Last verified 2026-08-27
At a glance
- Citation: Ohio Revised Code § 3903.40
- 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 § 3903.40?
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 § 3903.40 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 § 3903.40 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Statutes are amended, repealed, and renumbered every session.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.
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