Ohio allows insurance companies to shorten the statute of limitations to file a lawsuit to those stated within the policy terms. The Ohio Supreme Court has upheld a contractual one-year time limitation on a property insurance claim arising from a tree falling on a house:1
“If software does not physically exist, is it metaphysical?” That was my thought while reading a recent opinion by the Supreme Court of Ohio1 explaining why coverage did not exist when computer software was subject to a ransomware attack. Here is the holding:…
Continue Reading Ohio Justices Obviously Do Not Have an Electrical Engineering Degree When They Rule Software Cannot Have a Physical Presence
If you have not been to the Jersey Shore in the summer, you have missed out. My mother grew up in Philadelphia and always talked about going to the New Jersey beaches in the summertime. Following Superstorm Sandy in 2012, I lived and worked in New Jersey and greater New York City.
Continue Reading Catching Up On Summer 2022 Along The Jersey Shore, Ohio Limitations on Punitive Damages In Bad Faith Cases and Colorado Appraisals
Ohio recognizes that an insurance company may be liable for its bad faith conduct. The standard for bad faith in Ohio is the following:
[A]n insurer fails to exercise good faith in the processing of a claim of its insured where its refusal to pay the claim is not predicated upon circumstances that furnish reasonable justification therefore.1…
Continue Reading What is Insurer Bad Faith in Ohio?
A recent federal appellate court case seems to have closed any hope on assignment of benefits in Ohio.1 The case involved a post-loss assignment of insurance claims benefits to a body shop to do repairs. The holding upheld anti-assignment language in the policy:…
Continue Reading Assignment of Benefits May Be Dead in Ohio
Amy Bach is the Executive Director of United Policyholders. Last week, I had breakfast with her at the world-famous Sears Fine Food restaurant in San Francisco’s Union Square. We discussed a number of the projects United Policyholders is involved in, including the Covid Loss Recovery Initiative and Amicus Curiae Project. An “amicus curiae” brief is often called a “friend of the court” brief filed by a non-party to a lawsuit. This is part of what United Policyholders says about its ongoing Amicus Curiae Project:…
Continue Reading United Policyholders Files An Amicus Brief Regarding Covid Lost Income Claims In Ohio Supreme Court
New Jersey started the coronavirus business insurance legislation, but just like a virus, it is spreading to other jurisdictions. Ohio and Massachusetts filed very similar bills to what was filed in the New Jersey Assembly.
Continue Reading Coronavirus Insurance Law Update March 26—Ohio and Massachusetts File Proposed Legislation Requiring Retroactive Removal of Virus Exclusion To Coronavirus Business Income and Civil Authority Claims
If an insured in Ohio (“Ohioan”) is being mistreated by a delaying, denying, and bad treating insurance company, the Ohioan always has the option of voicing his or her displeasure to the Ohio Department of Insurance (“ODI”) via Complaint. The submission of a Complaint to ODI prompts an investigation by ODI into the insurance carrier’s handling of the Ohioan’s loss.
Continue Reading How To File A Complaint With The Ohio Department of Insurance About Your Delaying, Denying and Bad Treating Insurance Company
In states like Ohio where catastrophic disasters are not as common as in other states, policyholders should still understand how important it is to have a claim handled properly. Ohio’s most common disasters are tornadoes, snow, and floods. Although not common, Ohio has been affected by hurricane winds and rain that have reached some areas. Other risks are forest fires and earthquakes.1…
Continue Reading Claim Handling Requirements by State: Ohio
There must be a lot of matching disputes out there because I have received two questions this week alone on matching issues in various jurisdictions. So, for today’s blog I will discuss matching in Ohio—The Buckeye State.
Continue Reading Matching in Ohio