on December 2, 2015
To paraphrase the poet Robert Burns, the best-laid plans of mice and insurance-coverage lawyers often go awry. No amount of planning can prevent the occasional setback from an adverse trial court decision. If you and your client choose to appeal an adverse decision, keeping a few simple tips in mind can maximize your chances of success at the appellate level....
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on August 28, 2015
Residents of northeast Ohio are growing accustomed to the variety of infrastructure and beautification projects currently underway in the Cleveland area to prepare the city for the Republican National Convention ("RNC") in July 2016. One of the most important projects has flown under the radar, however: the city's plan to secure extra insurance coverage for the activities of its safety forces....
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on June 3, 2015
It's springtime in Cleveland, which means fans of the Cleveland Browns are engaged in one of their favorite yearly traditions: analyzing this year's draft picks and hoping predicting how the team will perform in the coming season. This season, though, an unusual topic is taking a turn in many of those discussions: the issue of insurance recovery....
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on 03/18/2015
In any fight, the party who chooses the battleground often gains a crucial advantage. This maxim holds true for insurance coverage disputes: the choice of where a lawsuit is litigated, otherwise known as the forum, often shapes the entire course of the action. Policyholders are therefore well-advised to seize the initiative and file a coverage action in the forum of their choosing as soon it becomes clear that a coverage suit is unavoidable. In some instances, though, insurers win the race to the courthouse and file declaratory judgment suits in their preferred forum....
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on June 3, 2014
The rapid growth of hydrofracturing (i.e. "fracking") in Ohio has produced aftershocks throughout numerous industries and communities—some more literal than others. Recent studies indicate that use of injection wells, the underground wells used to dispose of wastewater produced in the fracking process, is connected to the occurrence of earthquakes in areas that had not previously experienced any seismic activity....
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This Blog is intended to provide information generally and to identify general legal requirements. It is not intended as a form of, or as a substitute for legal advice. Such advice should always come from in-house or retained counsel. Moreover, if this Blog in any way seems to contradict advice of counsel, counsel's opinion should control over anything written herein. No attorney client relationship is created or implied by this Blog. © 2024 Brouse McDowell. All rights reserved.