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Category Archives: Contracts and Policies

When does the PUCO have jurisdiction over a claim

In Ohio, as in most states, public utilities have significant influence and power. One way in which the utility exercises that power is to try to move a case in litigation to a more utility-friendly venue, the Public Utilities Commission of Ohio (PUCO). Ohio Revised Code 4905.26 vests the PUCO with jurisdiction to hear and decide claims related to the provision of service by utilities.

Subrogating Property Losses and Coinsured Status

Subrogating property losses, within the context of the landlord and tenant relationship, can add layers of complexity outside of the general issues that come with all property claims, such as cause and origin of the loss and actual damages incurred. Before expending costs and time, one issue worth analysis is figuring out exactly who can… Read More »

Indiana Med Pay Subrogation Statute

The Indiana Medical Payment Subrogation Statute, Indiana Code 34-53-1-2, requires insurance carriers to use its insured’s attorney as its own attorney for its medical payments lien when an insured files a personal injury lawsuit. The statute requires the insured’s carrier pay the insured’s attorney “the insurer’s pro rata share of the reasonable and necessary costs… Read More »

Ohio Revised Code Landlord-Tenant Law

The Landlord-Tenant Law applies to all residential properties and not commercial leases in the state of Ohio. As such, none of the rights outlined in Ohio Revised Code 5321.04 Landlord Obligations and Ohio Revised Code 5321.05 Tenant Obligations may be taken away by any written or oral agreement. Further, the lease does not control, nor is… Read More »

Issues Involving Illinois Condominium Claims

In Chicago, we often find property loss claims that occur at condominium units. Of course, these claims tend to come with their own special issues that require investigation. Aside from general issues that come with all property claims, such as cause and origin of the loss and actual damages incurred, two issues should be investigated… Read More »

Liquidated Damages and Limitation of Liability Clauses

Liquidated damages clauses and limitation of liability clauses are common in contracts but have different roles. The insured suffers a fire or a break-in at its business and the alarm system fails to activate resulting in thousands of dollars of stolen or damaged merchandise. A claim is paid by the carrier, which then seeks to enforce… Read More »

Other Insurance Clause is Excess…Really

Other insurance clauses, also known as excess clauses, seem to appear in almost every case with concurrent coverage under multiple policies. This common situation presents itself when an insured is driving a car owned by a friend or family member. Each insurance policy provides coverage for the accident, but both policies will also likely contain… Read More »

SR-22 Bonds and Recovering Payments

Under the laws of the State of Ohio, an insurer who issues SR-22 bonds is able to recover payments from the insured in certain situations. Because the insured is required to have an SR-22 bond in their insurance coverage, the insurer is actually allowed to include a unique clause within the insured’s policy language. This… Read More »