Author Archives: Keis George
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 requirements, so that when you send the file to Keis George, we can proceed with the lawsuit immediately.
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.
If you are a property adjuster, you are familiar with losses caused by defective products. We are seeing a significant increase in property damage caused by water and fire as a direct result of a defective product. Many firms litigate but few actually litigate a product liability matter to completion. This is why we are trying to work with you to bundle these files to increase the settlement value and decrease your operational costs associated with adjusting each claim.
In Ohio, as in most states, public utilities have significant influence and power. One way in which the utility exercises that power is to try to move a case in litigation to a more utility-friendly venue, the Public Utilities Commission of Ohio (PUCO). Ohio Revised Code 4905.26 vests the PUCO with jurisdiction to hear and decide claims related to the provision of service by utilities.
Did you know that it is still possible to pursue subrogation recovery on a workers’ compensation lien for a lien that accrued outside of Ohio? You may pursue reimbursement of the workers’ comp lien up to two years from the date the lien was paid.
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.
As you know from my last article, I haven’t been a practicing attorney for long. I will admit in the very beginning it was confusing to me when I received a file that referred to the adverse party as a “claimant.” But you only need to read a claim file from the same client about three to four times before that confusion disappears and you can clearly understand who and what that client is referring to.
More and more, we are seeing property damage caused by water, fire, and explosions as a direct result of a defective product. Many firms litigate but few actually litigate a product liability matter to completion. This is why we are trying to work with you to bundle these files to increase the settlement value and decrease your operational costs associated with adjusting each claim.
Some interesting highlights from the statute include county hospitals along with their commissioners and trustees, port authorities, fire and ambulance districts, waste management districts, and correctional facilities. Further, identical language is contained in ORC 3345.50(B)(2) which applies to state universities and colleges.
Responsibility. Much of society and certainly the law are based on who will take responsibility. In Illinois, unfortunately, it won’t be those that hire independent or sub-contractors. Separation between independent and general contractors From a negligence perspective, Illinois common law maintains a separation of liability between independent and general contractors. Given the absence of a… Read More »