Category Archives: Contribution
In accordance with Ohio Revised Code 2307.25(A), if one or more persons are jointly and severally liable in tort for the same injury or loss to person or property or for the same wrongful death, there may be a right of contribution (even if a judgment has not been recovered against all of them). As… Read More »
Ohio law gives rise to two rights of contribution for an insurer: (1) from a joint tortfeasor, pursuant to Ohio Revised Code Section 2307.25; and (2) from a coinsurer or concurrent insurer who provides coverage for the same loss. The right to contribution from a coinsurer or concurrent insurer is recognized in both statute and… Read More »
When two different policies provide coverage for an accident, but both also contain excess clauses, the Courts have said the two companies are required to “prorate” the damage based on the limits of liability of each policy.
Recently, Interstate Bankers Casualty Company (IBC) in Illinois was placed into liquidation. The Illinois Insurance Guaranty Fund is now responsible for all obligations related to claims against IBC insureds that had been pending. In terms of subrogation, the relevant portion of the Insurance Code states as follows: (b) “Covered Claim” does not include… (v) any… Read More »
Ohio’s joint and several liability laws have undergone some recent changes. Effective April 9, 2003, Am. Sub. S.B. 120 renumbered, repealed, and revised the existing Revised Code sections dealing with contributory fault, rights of contribution and related Code provisions. Any cause of action accruing prior to April 9, 2003, however, is still governed by the pre-existing Code sections, as S.B. 120 only applies to causes of action that accrue on or after the effective date.