P&COhiohard
Under R.C. 3911.06 and Ohio case law, the distinction between a 'warranty' and a 'representation' in an Ohio P&C policy primarily determines:
AWhether the policy is subject to surplus lines tax
BWhether the policy must be filed under R.C. 3937.03
Whether strict literal compliance is required, or only substantial truth as to a material fact
DWhether the policy is governed by Ohio or federal law, and whether it qualifies for interstate commerce exemptions under federal statutes
Why this is the answer
R.C. 3911.06 treats insured statements as representations rather than warranties unless they are willfully false, fraudulent, or material to the risk. Warranties demand strict literal compliance and any breach can void coverage. Ohio courts apply this rule strongly to protect insureds against forfeiture from technical breaches.
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