State RegulationsOH specificDifficulty 2/5
A plaintiff's attorney seeks, by civil subpoena, the Superintendent's records from an open insurance fraud investigation. Under ORC 3901.44, those records are:
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Answer & full 3-part explanation (select an option above, or peek)
Why C is correct
ORC 3901.44 classifies fraud-investigation records in the possession of the Ohio Superintendent of Insurance as confidential law enforcement investigatory records. They are not subject to civil subpoena until opened for public inspection, although the Superintendent may share them with regulators, law enforcement, the NAIC, and insurers for authorized purposes.
Why the other options are wrong
- A) The statute makes these records confidential rather than public; they do not become open to any requester until opened for public inspection under ORC 3901.44.
- B) A producer's asserted business need confers no right of access; the statute limits sharing to authorized regulatory, law-enforcement, NAIC, and insurer channels.
- D) The disclosure trigger is the record being opened for public inspection, not a criminal conviction, which may never occur while the civil subpoena is pending.
Memory hook
Fraud files stay sealed until Ohio opens them.