In Chicago, we often find property loss claims that occur at condominium units. 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 from the outset.
Herbert L. Nussle Prevailed in a Motion for Summary Judgment
On July 20, 2022, Herbert L. Nussle prevailed in a Motion for Summary Judgment in the Mahoning County Court of Common Pleas in favor of their insurance carrier client.
Potential Weakness in Amazon’s Armor
Since the turn of the century, Amazon has become the most obvious thorn in the side of subrogated insurers. In the past twenty years, the online retailer has exploded in both popularity and revenue with a significant percentage of its revenue coming from the Amazon Seller Marketplace. Erie v. Amazon...
Subtle Nuances Involving Utilities
Just like utilities, the actions of a cooperative employee can cause fires. Unlike claims against a public utility, claims against electric cooperatives can be pursued in court without having to fight over whether the PUCO has jurisdiction.
Defendant Failed to Yield the Right-of-Way
We proved the defendant failed to establish any issue of material fact and violated the law for failing to yield the right-of-way. The Court concluded the defendant’s failure to yield was the proximate cause of the damages to the insured. As a result, our client was awarded $25,000.
New Update to Rights of Subrogee
There is a Court that has issued a ruling interpreting Ohio Revised Code 2323.44 as it relates to subrogation. The Court of Appeals affirmed there was no ambiguity in the Farmers’ insurance policy. Remember, language in the policy and notice to all parties matters.
Propane Explosion
The explosion and subsequent fire, killed the defendant and damaged the plaintiff's home. The plaintiff's home was damaged beyond repair and had to be torn down. After a two and a half day jury trial, the jury returned a verdict in favor of the plaintiff and against the defendant.
Self-Driving Cars Autonomous Vehicles
The Society of Automotive Engineers recently provided a classification system and terminology for self-driving cars, formally known as autonomous vehicles.
Design Engineering Failure
An insured had a grain storage and elevator system installed at their ranch by an engineering company that supposedly had considerable experience in constructing and designing such systems. Keis George discovered the company failed to design and construct the system within industry standards and regulations, leading to a construction defect...
Space Heater Maker Does Not Dodge Manufacturing Defect
The consumer expectation standard, which had been removed from the Ohio Products Liability Act in 2005, could not be relied on by the purchaser of a space heater to support his design defect claim, which was based solely on circumstantial evidence, a federal court in Ohio ruled.