State RegulationsOH specificDifficulty 2/5
An Ohio individual A&H policy contains a provision that conflicts with a statute of this state. Under the optional conformity-with-statutes provision, what is the result?
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Answer & full 3-part explanation (select an option above, or peek)
Why B is correct
ORC 3923.05 permits Ohio insurers to include the conformity-with-statutes provision in individual accident and sickness policies. When any policy provision conflicts with the statutes of this state, the provision is automatically deemed amended to conform to the statute, and the conflict is disregarded. The policy therefore remains valid and enforceable as conformed, which is the outcome the Ohio Department of Insurance expects candidates to identify: the statute prevails without voiding the contract.
Why the other options are wrong
- A) The conflict does not void the policy; the conformity provision exists precisely to preserve coverage while the statute governs.
- C) The conformed reading applies regardless of whether a claim denial occurs; the statute operates on the policy text itself under ORC 3923.05.
- D) No replacement policy is required; the existing policy is simply read as amended to match the statute.
Memory hook
Statute wins: the policy conforms automatically.