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Recent Blog Posts

Documenting Sump Pump Claims to Maximize Recovery

A successful subrogation recovery starts with a thorough, well-documented scene investigation. This is often complicated with the competing interest of placing the insured in the pre-loss position as soon as possible. This has recently become apparent with a number of sump pump failures in products liability cases Keis George has handled. Whether in litigation or intercompany… Read More »

Assumption of the Risk Defense in ATV Cases

Assumption of the risk is a common defense by recreation providers to negligence lawsuits involving all-terrain vehicles (ATV) where the rider is willingly taking a chance in a potentially dangerous situation. This defense relieves the recreation provider from any duty to eliminate risks the rider may experience in ATV riding because such risks cannot be… Read More »

Early Investigation on House Fires

Because of damage to the structure, the costs associated with daily living expenses, and the contents within the home, house fires can be a rather costly claim to insurance companies. What if a house fire wasn’t a costly claim? What if you could recover a majority of the money paid out to the insured? A… Read More »

The Economic Loss Rule

The Economic Loss Rule is a doctrine that prohibits recovery for an economic loss resulting from a wrongful act or an infringement of a right, when unaccompanied by physical property damage or personal injury. Instead, only parties to the contract or contractual beneficiaries may recover economic losses. An economic loss is a financial loss. The… Read More »

Police Scanners Help Collect Auto Judgments

In Ohio, a judgment arising from an uninsured auto subrogation case causes permanent suspension of driving and registration privileges for defendants. Many [most] of these people continue to drive their automobiles, even though the license plates have been suspended by the State.  In the past, Law Enforcement would not know, simply by looking at a license… Read More »

Assured Clear Distance Statute

In order to prove that the assured clear distance statute has been violated, one must prove that the object which was struck was: located ahead in the lane of travel; was reasonably discernible; that the object was static or stationary or moving in the same direction; entered the lane of travel at a point sufficiently… Read More »

New Ohio Med Pay Law

New Law titled, “Rights of Subrogee” attempts to reduce medical pay liens and could interfere with your company and insured’s insurance policy language. While some companies are aligning with the law and changing recovery rights, others believe the opposite. Under the Ohio Budget Bill, Governor John Kasich passed Ohio Revised Code 2323.44 that took effect… Read More »

Ohio’s Joint and Several Liability Laws

Ohio’s joint and several liability laws have undergone some recent changes. Effective April 9, 2003, Am. Sub. S.B. 120 renumbered, repealed, and revised the existing Revised Code sections dealing with contributory fault, rights of contribution and related Code provisions. Any cause of action accruing prior to April 9, 2003, however, is still governed by the pre-existing Code sections, as S.B. 120 only applies to causes of action that accrue on or after the effective date.