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...
Subcontractor Liability
Responsibility. Much of society and certainly the law is based on who will take responsibility. In Illinois, unfortunately, it won’t be those that hire independent or subcontractors. This post will focus on subcontractor liability and the separation 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
Economic Loss Doctrine An economic loss refers to a financial loss and damages suffered by a person or entity, which arise from a defect in the qualitative nature of the product, service, or improvement that was bargained for. Generally, an economic loss is observed on assets (i.e., “the books”) rather...
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 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 5321.04 for Landlord Obligations and 5321.05 for Tenant Obligations may be taken away by any written or oral agreement.
Condo Property Damage Claim Issues in Chicago, Illinois
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.
Liquidated Damages and Limitation of Liability Clauses
Liquidated damages clauses and limitation of liability clauses are common in contracts but have different roles. Liquidated damages clauses try to fix, in advance, the amount of reasonable compensation for actual damages. Limitation of liability clauses restrict the amount of compensation available, regardless of the damages suffered. While the provisions both...