Ohio Tort Reform Update
On January 6, 2005, Governor Taft signed into law Senate Bill 80. This legislation went into effect as of April 6, 2005.
Kentucky Bad Faith Update
The law on bad faith claims evolves at a pace not seen in other areas of the law. Explore the latest trends in Kentucky law on bad faith claims.
Four State Premises Liability Comparison
Although Ohio, Kentucky, Indiana, and Michigan share a common geography, the four states differ greatly in their approaches to premises liability cases.
Intentional Acts Exclusions in Ohio
Imagine you are investigating coverage on a claim potentially involving an intentional acts exclusion, and are taking a statement of the insured.
New Rules on Preservation of Electronic Data Effect Insurers and Insureds Alike
On December 1, 2006, new amendments to the Federal Rules of Civil Procedure took effect for all pending and newly filed cases governing discovery of electronically stored information.
Kentucky No-Fault Claims - A Refresher
Kentucky adopted a no-fault system for auto B.I. claims in 1974.
Admissibility and Impact of Collateral Source Payments in Tort Actions
An issue of increasing contention in injury lawsuits is what impact collateral source payments have on a plaintiff's ultimate recovery.
Foreclosure and Insurable Interests
2007 saw a substantial increase in foreclosure actions filed in Ohio, Kentucky, Indiana and Michigan.
• Definition of Subrogation– The substitution of one person in place of another with reference to a lawful claim. Black’s Law Dictionary, 6th Edition (1990).
Types of Subrogation
• Legal Subrogation–Arises by operation of law and applies when one person is subrogated to certain rights of another, so that person is substituted in place of the other and succeeds to the other person’s rights.
• Statutory Subrogation–A right that exists against a wrongdoer only as prescribed by statute.
• Conventional Subrogation–Premised on the contractual obligations of the parties, either by express or implied terms. When an insurance company makes payment, the contractual language of the policy usually contains provisions which vest the company with a subrogated right. The company is said to “stand in the shoes” of its insured to pursue the responsible party on its own behalf, while also retaining a right to reimbursement from its insured, in the event the insured also recovers from the responsible party.
For a detailed analysis, see Blue Cross & Blue Shield Mut. of Ohio v. Hrenko (1995), 72 Ohio St. 3d 120.