An insurance policy may avoid the application of the Made Whole Doctrine only by including language that is clear in establishing both a priority to the funds recovered and a right to any full or partial recovery.
What is Workers’ Compensation Subrogation
The purpose of workers' compensation is to ensure that employees are not left to bear the financial burden of workplace injuries or illnesses. This includes covering the cost of medical treatment, as well as providing compensation for lost wages and other expenses related to the injury or illness.
What is the Waiver of Subrogation Provision?
A waiver of subrogation clause is a contractual provision, which prohibits an insurance carrier from recovering monies they paid on a claim due to the negligence of a third party. This occurs when the insurance carrier's insured waives the right to recover any monies against the other party. A waiver...
What Is a Political Subdivision
A political subdivision is a local government entity created by the state to achieve its obligations. Still, the general rule for the definition is broad and includes every political body responsible for governmental activities in a geographic area smaller than that of the state. Examples include cities, counties, villages, towns,...
Ohio Negligent Entrustment
Under Ohio’s negligent entrustment statute, codified at Revised Code Section 4511.203, the owner of a motor vehicle may face both criminal penalties and civil liability when he or she entrusts a vehicle to another when the owner knows or reasonably should know...
Assessing Damage to Personal Property Without Market Value
There are hundreds of cases and articles addressing how to assess damage to real and personal property. Using highly calculated formulas, the discussion typically focuses on how to determine market value of real property. Though beneficial to assess real property, these discussions fall short when they fail to address how...
Right of Contribution from a Coinsurer or Concurrent Insurer
Did you know that Ohio law gives rise to two rights of contribution for an insurer? These two rights are from a joint tortfeasor, pursuant to Ohio Revised Code Section 2307.25; and from a coinsurer or concurrent insurer who provides coverage for the same loss.
Illinois Mandatory Arbitration
Mandatory arbitration is a legal proceeding, conducted like a trial, which is held before state licensed attorneys who have completed a court certified arbitration program. The attorney-arbitrators act in place of a judge and render a decision at the conclusion of the proceeding.
Ohio’s Joint and Several Liability Laws
Effective April 9, 2003, Am. Sub. S.B. 120 renumbered, repealed, and revised the existing Ohio Revised Code sections dealing with contributory fault, rights of contribution and related Code provisions.
Ohio Statute of Limitation Changes
In 2021, Ohio approved changes to the statute of limitation for breaches of written contracts and oral contracts. Learn how these changes may affect claims filing.