Insurance

Desktop Legal Primer for Ohio Claims

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This guide provides information on: claims limitation periods; employer intentional tort; damages; negligence; joint and several tort liability; contribution and indemnity; automobile insurance; declaratory judgment actions; insurance coverage; subrogation and liens; and the Ohio Fair Claims Practices Act. 2015 – Desktop Legal Primer for Ohio Claims

Desktop Legal Primer for Ohio Claims

Posted on in Insurance, Publications

In this Guide: Claim Limitation Periods– Negligence– Employer Intentional Tort– Damages– Joint and Several Tort Liability– Contribution and Indemnity– Automobile Insurance– Declaratory Judgment Actions– Insurance Coverage– Subrogation and Liens– Ohio Fair Claims Practices Act 2014 – Desktop Legal Primer for Ohio Claims

Ohio Supreme Court Holds That Defendants Are Not Required to Offer Expert Testimony for the Admittance of Medical Write-Offs to Prove the Reasonableness of Medical Expenses

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On October 24, 2013, the Ohio Supreme Court overturned a Ninth District Court of Appeals decision, Moretz v. Muakkassa, 2012­Ohio­1177, in which the appellate court upheld a trial court order that a defendant must offer expert testimony to prove the reasonableness of medical charges based upon the amount of “write­offs” on medical bills. . . 2013 […]

Ohio Supreme Court Rules that an UM Claim is Not Barred Even Though Plaintiff Was Not Legally Entitled to Recover Damages from Tortfeasor

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In Marusa, et al. v. Erie Ins. Co., slip opinion 2013­Ohio­1957, decided on May 21, 2013, the Ohio Supreme Court clarified and distinguished its prior holding in Snyder v. Am. Fam. Ins. Co., 114 Ohio St.3d 239, 2007­Ohio­4004. . .2013 – Ohio Supreme Court Rules that an UM Claim is Not Barred Even Though Plaintiff […]

Desktop Legal Primer for Ohio Claims

Posted on in Insurance, Publications

In this Guide: Claim Limitation Periods– Employer Intentional Tort– Damages– Joint and Several Tort Liability– Contribution and Indemnity– Automobile Insurance– Declaratory Judgment Actions– Insurance Coverage– Subrogation and Liens– Ohio Fair Claims Practices Act– 2013 – Desktop Legal Primer for Ohio Claims

Ohio Supreme Court Rules that Claims for Defective Construction Work or Workmanship are not Claims for Property Damage Caused by an Occurence Under a CGL Policy

In Westfield Insurance Company v. Custom Agri Systems, Inc., 2012 ­Ohio ­4712, decided October 16, 2012, the Ohio Supreme Court finally, after years of litigation in the Ohio lower courts, definitively answered this question certified to it by the United States Court of Appeals for the Sixth Circuit: (1) Are claims of defective construction/workmanship brought […]

Ohio Supreme Court Clarifies Appellate Court Standard of Review for a Declaratory Judgment Matter

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In a 7-0 decision, the Ohio Supreme Court, in Arnott v. Arnott, Slip Opinion No. 2012-Ohio- 3208, held that an appellate court should apply an abuse of discretion standard when reviewing a trial court’s holding to the question of standing, e.g., the appropriateness of the case for declaratory judgment and should apply a de novo […]

Ohio Supreme Court Upholds Requirement that Trial Courts Bifurcate Compensatory and Punitive Damage Phases of Trials Upon Motion

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In a February 15, 2012 decision, Havel v. Villa St. Joseph, 2012-Ohio-552, the Ohio Supreme Court upheld a key component of Ohio’s 2005 tort reform. Specifically, that tort reform included a requirement that trial courts bifurcate the punitive damage phase and evidence in a trial from the compensatory damage phase in a trial upon motion […]