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...
Product Recalls
If you are a property adjuster, you are familiar with losses caused by defective products. While some product defects may be a unique and isolated matter, we are seeing more cases of property damage as a direct result of a defective product. This is why we believe it is so...
Indiana Intercompany Arbitration
Intercompany Arbitration is a form of Alternative Dispute Resolution. It is a process in which a neutral third person or a panel considers the facts and arguments which are presented by the parties and renders a decision.
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,...
When a Tortfeasor Dies in Ohio
When a tortfeasor passes away before a creditor has filed a lawsuit, there are several steps a creditor must take to collect on a claim within a certain amount of time.
Product Recalls
As a property adjuster, you are familiar with losses caused by defective products. We are seeing an increase in property damage caused by water and fire as a direct result of a defective product. Therefore, we would like to remind you of the following Consumer Product Safety Commission (CPSC) recalls.
Intercompany Arbitration for Med Pay versus Insured Bodily Injury and Med Pay
While handling Medical Payment (Med Pay) lien claims for insurance clients, an issue I run across is when the insurance client files a Med Pay claim in Intercompany Arbitration to protect the Med Pay claim and the insurance client is named party in its insured’s personal injury lawsuit to protect...
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.
Subtle Nuances Involving Utilities
Just like utilities, the actions of a cooperative employee can cause fires. Unlike claims against a public utility, claims against electric cooperatives can be pursued in court without having to fight over whether the PUCO has jurisdiction.
Promissory Note
In the course of trying to collect from uninsured motorists, some insurers and their vendors may use promissory notes. It is important to remember that for these notes to be valid and collectible there are rules the insurer should follow.