Since the turn of the century, Amazon has become the most obvious thorn in the side of subrogated insurers. In the past twenty years, the online retailer has exploded in both popularity and revenue with a significant percentage of its revenue coming from the Amazon Seller Marketplace. Erie v. Amazon...
Liability of a Dog Owner
Ohio Revised Code 955.28 covers the liability of a dog owner. Our Columbus, Ohio office has had many cases where a dog gets loose, runs into the street, and causes a vehicle to strike the dog or swerve to miss the dog and strike other property (e.g., another vehicle, fence,...
Indiana Negligent Entrustment
Under Indiana law, the theory of Negligent Entrustment allows for an injured party to recover from the owner of a vehicle who negligently allowed another person to use the vehicle. Negligent entrustment is most common in auto claims, although there are other circumstances where it is applicable.
Preserving the Scene
Preserving the scene is just one part of our Early Involvement Strategy and one of the most important factors in building a good case. Capturing relevant photographs throughout the investigation process along with taking witness statements and properly securing the scene will put you in the best position to preserve...
Coverage for Subcontractor Liability
The insurance company is not required to defend the general contractor against or indemnify the general contractor for claims for damage caused by its subcontractor’s defective work because the work is not an occurrence. Regarding subcontractor liability, the Ohio Supreme Court determined a subcontractor’s faulty work was not covered by...
Indiana Animal Liability
In Indiana, areas that were once considered rural are experiencing population growth as urban boundaries expand. This can lead to a clash between rural and urban lifestyles. For example, as traffic increases on rural roads, there is increased potential for motor vehicle accidents involving livestock.
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...
A Workers’ Compensation Dilemma
What happens when a worker injured in a third-party settles a personal injury claim with a liability insurer before receiving BWC benefits? Third-party liability insurers making payments for injuries and damages from an on-the-job accident must provide prompt notice of its subrogation interests to the Ohio BWC.
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.
Illinois Animal Liability
The Illinois Animal Control Act supplements the general common law rule and eliminates the requirement that the owner of the animal in question has prior knowledge of the vicious or dangerous propensities of the animal.