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State RegulationsOH specificDifficulty 2/5

An Ohio insured suffers a covered loss and submits proof of loss more than 90 days later, because hospitalization made it not reasonably possible to file sooner. Total elapsed time since the loss is under 1 year. Under Ohio law, how should the late proof be treated?

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Answer & full 3-part explanation (select an option above, or peek)

Why A is correct

ORC 3923.04(G) requires proof of loss within 90 days after the date of the loss, but proof filed later is nonetheless valid if it was not reasonably possible to furnish it within that period — and in no event may proof be given later than 1 year after the date of loss, except in cases of legal incapacity. This claimant fits the exception and stays within the 1-year outer limit.

Why the other options are wrong

  • B) Wrong because ORC 3923.04(G) expressly saves late proof where timely filing was not reasonably possible; the 90-day window is not absolute.
  • C) Wrong because the relief comes from the statute itself, not from the insurer's consent.
  • D) Wrong because no superintendent extension is needed; the 1-year outer limit in ORC 3923.04(G) governs.

Memory hook

90 days normally; up to 1 year when life gets in the way.

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