The Ohio Rules of Civil Procedure provides an alternate means for serving those hidden defendants via service by publication.
Subrogation Against Political Subdivision
Buried in one of the Ohio Revised Code sections dealing with what is commonly referred to as “collateral benefits” is a bar to subrogation claims against political subdivisions. To recover damages for injury, death, or loss to person or property caused by an act or omission in connection with a...
Admissibility of Photographic Evidence
Currently, the admissibility of photographic evidence is based on two different theories. These two theories represent a departure from earlier requirements, which required authenticating testimony from the photographer and/or an expert witness regarding the reliability of the recording process.
Supplier Liability Exists on Product Defect Claims
Did you know there is Supplier Liability in the state of Ohio on product defect claims? With so many products being manufactured overseas by companies that do not have a presence in the USA, it is important to know under what circumstances a supplier can be held liable.
Federal Bankruptcy Code May Circumnavigate Automatic Stay
While the frequency of Bankruptcy filings is unpredictable year over year, their presence is certain when pursuing subrogation claims. Now, throw into the mix an unsteady economy and the threat of a Defendant filing for bankruptcy is present.
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.
Who is the Manufacturer
Too often people think the manufacturer is the person who has a factory that puts the final product together and ships it. However, there is the potential for eight persons to be a manufacturer.
Update on Rights of Subrogee in Ohio
We previously introduced an article on Ohio’s new law, the Rights of Subrogee outlined in Ohio Revised Code 2323.44, which became effective September 28, 2015. As we suspected, there have been a few developments.
New Ohio Med Pay Law
The Rights of Subrogee law attempts to provide for a [proportioned] sharing between your insured and your company. In other words, the law is attempting to balance the obligated amount owed resulting from the medical bills.