Automobile insurance policies always list an automobile and a person. They also always contain a section that defines who is an insured under the policy. Policies always have a clause that defines others operating the auto with permission as insureds too. Therefore, in that instance the insurance coverage follows the...
A Second Chance at Subrogation Recovery
Dealing with Civil Rule 41(A)(1)(a) Voluntary Dismissal and the Ohio Savings Statute 2305.19 can be tricky. You need counsel who understands these statutes to determine how it may affect your file. After all, you may get a second chance at subrogation recovery.
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.
Federal Tort Claims Act
The Federal Tort Claims Act, 28 U.S.C. 2671-2680, provides an avenue for a plaintiff to recover against the United States government for property damage, personal injuries, or death caused by the negligence or wrongful act or omission of federal employees.
Right of Contribution
Because contribution is an excellent way for an insurer to recoup some of the damages that it pays on a particular loss, consideration should be given to separate policies that an insured or other entity may maintain on the same risk, property and/or interest, so that contribution may be pursued...
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...
Negligence Standard: Public Roadways versus Private Parking Lots or Roads
An auto accident that takes place on a public roadway has a different negligence duty versus an auto accident in a private parking lot or road. Triers of fact will have more opportunity to find comparative negligence between the parties versus an accident on a public roadway, subject to Ohio...
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...
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.