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State RegulationsOH specificDifficulty 1/5

Under the legal-actions provision of an Ohio individual sickness and accident policy, how soon after written proof of loss is furnished may the insured bring an action against the insurer?

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

Why C is correct

ORC 3923.04(K) provides that no action at law or in equity may be brought to recover on the policy prior to the expiration of 60 days after written proof of loss is furnished. The waiting period gives the insurer time to investigate and pay before litigation begins.

Why the other options are wrong

  • A) Wrong because ORC 3923.04(K) imposes a mandatory waiting period; suit cannot be filed the moment proof is furnished.
  • B) Wrong because the statutory waiting period is 60 days, not 30.
  • D) Wrong because 90 days is the proof-of-loss filing window under ORC 3923.04(G), not the pre-suit waiting period.

Memory hook

60 days of quiet before you sue.

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