State RegulationsOH specificDifficulty 2/5
A life insurer drafts a provision limiting the insured's right to commence an action at law or in equity after the cause accrues. Under Ohio's prohibited-provision rules for individual life policies, which contractual time limit is permissible?
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Answer & full 3-part explanation (select an option above, or peek)
Why A is correct
ORC 3915.09(B) prohibits any individual life policy from limiting the time to commence an action at law or in equity after the cause accrues to less than 5 years. A policy may impose a limitation period at or above that floor, but any clause purporting to cut the filing window to 1, 2, or 3 years is a prohibited provision and unenforceable as written. The rule keeps policyholders from being rushed into court.
Why the other options are wrong
- B) A 1-year limitation is far below the floor; ORC 3915.09(B) forbids limiting the action period to less than 5 years.
- C) A 2-year limitation clause is prohibited under ORC 3915.09(B), which requires at least 5 years.
- D) A 3-year limitation also falls short of the statutory minimum of 5 years set by ORC 3915.09(B).
Memory hook
Sue-time clauses need 5 years — shorter limits are void.