Insights into the Ohio Supreme Court's Views on Insurance Coverage
on March 28, 2017
The Ohio Supreme Court reviews only a small percentage of the cases decided by lower appellate courts. This is due largely to the Supreme Court's limited resources—Ohio has only one Supreme Court, of course, but it has 12 district courts of appeal, all of which generate opinions that could be further appealed. In addition, federal courts can request that the Ohio Supreme Court review certified questions of Ohio law....
Know Your Notice Provisions: How Some Courts Do Not Forgive Late Notice
on March 23, 2017
Recently, in Minasian v. IDS Property Casualty Insurance Company, the United States Court of Appeals for the Second Circuit affirmed an adverse ruling against two policyholders over their claim to recover loss resulting from the theft of personal property. Although there was no question that the policyholders suffered a covered loss under various policies, the insurers were able to successfully deny coverage based on the policyholders' failure to provide them with notice in accordance with the policies' terms. This case provides yet another example of why policyholders must be familiar with a policy's notice provisions in order to avoid claim denial....
A Broker's Balancing Act: Providing Extraordinary Client Service without Creating a Fiduciary Relationship
on March 21, 2017
For the most part, insurance brokers have ordinary business relationships with their clients, not fiduciary relationships. But there is an exception to this general rule. In certain circumstances, the broker may have a fiduciary relationship with the client if both sides understand that the client is relying on the broker. With a fiduciary relationship comes a higher duty to the client, broadening the broker's potential liability for failing to secure the right coverage....
Lessons Of Groningen: Can European Experiences Inform U.S. Shale Activities?
on March 7, 2017
With all the attention being paid to the U.S. domestic energy market, it can be easy to forget that oil and gas activities are continuing apace all around the world. U.S. energy producers are well-advised to monitor activities elsewhere in order to learn lessons that can be applied to domestic energy plays. One potential case study that may be of particular note to Utica shale producers involves the current issues facing the Groningen natural-gas field in the Netherlands....
Ohio Seventh District Orders Trial on Claim for Bad Faith Claims-Handling
on February 20, 2017
Recently, the Ohio Seventh District Court of Appeals issued a decision in Marshall v. Colonial Ins. Co., 2016-Ohio-8155, on an insurer's obligation to handle its insured's claim in good faith. In that case, Marshall suffered severe injuries in an automobile accident caused by Grundy. Marshall sued Grundy alleging certain tort claims and Colonial (his insurer) asserting a claim for uninsured/underinsured (UM/UIM) motorist coverage. Marshall, with Colonial's approval, settled with Grundy for the limits of Grundy's auto policy. Because Marshall's medical bills far exceeded those limits, he looked to Colonial for UM/UIM coverage. Colonial refused to pay the claim for years, until an arbitration panel compelled it to honor its coverage obligations....
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.
