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The Legislative Service Commission staff updates the Revised Code on an ongoing basis, as it completes its act review of enacted legislation. Updates may be slower during some times of the year, depending on the volume of enacted legislation.

Section 3937.21 | Insurance company - obligation to defend.

Ohio Revised Code
/
Title 39 Insurance
/
Chapter 3937 Casualty Insurance; Motor Vehicle Insurance
 
Effective:
September 7, 1970
Latest Legislation:
House Bill 570 - 108th General Assembly
PDF:
Download Authenticated PDF
 

No insurance company issuing a policy of automobile or motor vehicle liability insurance shall be relieved of its contractual obligation to defend its insured against any claim on the basis of coverage for such claim being provided by any other policy, unless the insurer of such other policy has assumed and is performing the obligation to provide such defense. If the company pays to or on behalf of the insured any amount later determined to be due from another insurer it shall be subrogated to all rights of the insured against such insurer.

Any disputes between insurers regarding the obligation to defend shall be settled without expense to the insured by agreement between the insurers involved or, if they fail to agree, by arbitration or a declaratory judgment proceeding.

Available Versions of this Section