Category archive: Ohio

Ohio Appellate Court Upholds Insurer’s Privilege Claim in First-Party Dispute

Summary: In August 2012 a fire destroyed thirty-six apartment units owned by Summit Park Apartments, LLC (“Summit Park”). Great Lakes Reinsurance (“Great Lakes”) insured Summit Park and the policy provided for construction costs, loss of business income, and out-of-pocket expenses. The policy also obligated Great Lakes to pay out claims within thirty days. Summit Park…

New York’s Highest Court Applies Ohio’s Bad Faith Law

Summary: The New York Court of Appeals affirmed the trial court’s denial of Seneca Specialty Insurance Company’s (“Seneca Specialty”) motion to dismiss. Seneca Specialty relied upon New York’s restrictive bad faith requirements for this commercial property loss even though the insured’s building was located in Ohio.    The prevailing conflicts of law rule provides that whenever…

Under Ohio law, Bad Faith Claims Can Be Brought Against Insurers Even If There Is No Basis For Coverage

Summary: James Glenn and Latia Ballard were injured in a car accident on February 6, 2001. Glenn was driving and Ballard was a passenger. Both qualified as insureds under Glenn’s policy issued by Nationwide. Glenn and Ballard both submitted claims on the policy’s medical benefits coverage, which provided up to $5,000 to pay for medical…

Shaky Shake Roof Claim

Summary: Mr. and Mrs. Wright purchased a home in an exclusive golf club development and purchased homeowners’ coverage from State Farm. The home’s roof was damaged by a storm and had to be fully replaced as a result of the homeowner’s association’s restrictive covenants. After State Farm only paid for the repairs to the roof,…

Clearly Written Exclusion Defeats Contract and Bad Faith Claims

Summary: “Use” is an easily understood word that includes both intentional and accidental actions such that any use of an illegal drug triggered the exclusion. Sonja Skinner v Guarantee Trust Life Insurance Company, 2011 WL 1598787 (S.D.Ohio) In this United States District Court case the plaintiff’s husband died while insured under an accidental death and…


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