Ohio § 3903.30 Allowance of setoffs and counterclaims

Ohio Statutes

§ 3903.30 — Allowance of setoffs and counterclaims

Ohio § 3903.30

Title 39Insurance

Ch. 3903Reserve Valuation; Rehabilitation And Liquidation

This text of Ohio § 3903.30 (Allowance of setoffs and counterclaims) is published on Counsel Stack Legal Research, covering Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ohio Rev. Code Ann. § 3903.30 (2026).

Text

(A)Mutual debts or mutual credits between the insurer and another person in connection with any action or proceeding under sections3903.01to3903.59of the Revised Code shall be set off and the balance only shall be allowed or paid, except as provided in division (B) of this section and section3903.33of the Revised Code.

(B)No setoff or counterclaim shall be allowed in favor of any person where any of the following apply:

(1)The obligation of the insurer to the person would not at the date of the filing of a complaint for liquidation entitle the person to share as a claimant in the assets of the insurer;

(2)The obligation of the insurer to the person was purchased by or transferred to the person with a view to its being used as a setoff;

(3)The obligation of the person is to pay an

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(A) Mutual debts or mutual credits between the insurer and another person in connection with any action or proceeding under sections3903.01to3903.59of the Revised Code shall be set off and the balance only shall be allowed or paid, except as provided in division (B) of this section and section3903.33of the Revised Code.

(B) No setoff or counterclaim shall be allowed in favor of any person where any of the following apply:

(1) The obligation of the insurer to the person would not at the date of the filing of a complaint for liquidation entitle the person to share as a claimant in the assets of the insurer;

(2) The obligation of the insurer to the person was purchased by or transferred to the person with a view to its being used as a setoff;

(3) The obligation of the person is to pay an assessment levied against the members or subscribers of the insurer, or is to pay a balance upon a subscription to the capital stock of the insurer, or is in any other way in the nature of a capital contribution.