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.
Illinois Deductible Reimbursement
In this article, we'll help you distinguish administrative expenses from incurred expenses. Deductible reimbursement surfaces when you successfully subrogate a loss against a third party and make a recovery on the claim payments. At that time, a determination is made as to what portion of the insured’s deductible should be...
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...
Sub-contractor Liability
From a negligence perspective, Illinois common law maintains a separation of liability between independent and general contractors.
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...
Exceptions to the Economic Loss Doctrine
The Economic Loss Doctrine can be a roadblock to subrogation. Exploration of exceptions to the doctrine can provide subrogation professionals with tools to navigate their way to recovery. An economic loss refers to a financial loss and damages suffered by a person or entity, which arise from a defect in...
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...
Take Caution When Fronting At Fault Party’s Carrier Limit
We have all been there before. Your insured is injured and the at fault party is underinsured. The at fault party’s carrier offers policy limits but your company elects to front the limits and retain subrogation rights. The two-year bodily injury statute of limitations is approaching and your adjuster has...
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...
Issues Involving Illinois Condominium Claims
Condominium losses present some unique circumstances and often require a deeper review due to the condominium declarations, waiver of subrogation, and determining potential targets. But, don’t give up on them with an assumption that they cannot be pursued.