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Category Archives: Subrogation

Indiana Claims Against Governmental Entities

We receive many cases involving claims against governmental entities. In Indiana, it is permissible to sue a governmental entity in a subrogation matter, but the subrogated carrier must meet certain requirements. This post is intended to give you information about how to comply with the statute that sets forth the requirements, so that when you send the file to Keis George, we can proceed with the lawsuit immediately.

Illinois Tort Immunity

Suits against “local public entities,” including counties, townships, municipalities, municipal corporations, school districts, park districts, fire protection districts, and sanitary districts, fall under the purview of the Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1- 101.

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.

Tort Times: It’s All About Relationships

As you know from my last article, I haven’t been a practicing attorney for long. I will admit in the very beginning it was confusing to me when I received a file that referred to the adverse party as a “claimant.” But you only need to read a claim file from the same client about three to four times before that confusion disappears and you can clearly understand who and what that client is referring to.

What is a Political Subdivision

Some interesting highlights from the statute include county hospitals along with their commissioners and trustees, port authorities, fire and ambulance districts, waste management districts, and correctional facilities. Further, identical language is contained in ORC 3345.50(B)(2) which applies to state universities and colleges.

Sub-contractor Liability

Responsibility. Much of society and certainly the law are based on who will take responsibility. In Illinois, unfortunately, it won’t be those that hire independent or sub-contractors. Separation between independent and general contractors From a negligence perspective, Illinois common law maintains a separation of liability between independent and general contractors. Given the absence of a… Read More »

Subrogation Recovery Following a Natural Disaster

When property damage or other injuries occur in the context of an Act of God, an insurer should not conclude that subrogation is not possible due to the Act of God defense. Although the Act of God may be a large contributing factor to a particular injury or damage claim, there is potential for subrogation against a party whose human factor contributed to the damages sustained. In reality, subrogation in the context of an Act of God is not different from subrogation in the context of any property damage or injury claim.

Electronic Cigarettes a Potential Fire Hazard

The lithium-ion battery contained in e-cigarettes present the biggest fire hazard While viewed as a healthy and safer alternative to tobacco smoking, the advent of e-cigarettes has created its own set of hazards. E-cigarettes use lithium-ion batteries to power a heating element, which vaporizes a liquid, resulting in the simulated “smoke” of a tobacco cigarette…. Read More »

Tort Times: Litigate or Die Writing

Earlier this year, I had the opportunity to assist a partner in a jury trial. I had only recently been admitted to the Bar, and had only been employed by Keis George for a few months, so the chance to assist in one of our large loss property cases was a rare opportunity that I… Read More »

Intentional Versus Negligent Spoliation

Spoliation of evidence generally involves the destruction of evidence that is relevant to a civil action that results in harm to a party’s case. Some states recognize it as a separate cause of action, which means that it can be a claim separate from the underlying case. Ohio is one of those states. The state… Read More »