SIGNIFICANT APPELLATE DECISIONS

Nationwide Agribusiness Insurance Company v. JD Equipment, Inc., Twelfth District Appellate Court Case No. CA2011-06-012 (Fayette County).

Nirmala Pandey v. Elizabeth Banachowski, et al., Tenth District Appellate Court Case No. 11AP-459 (Franklin County).

Murtha v. Ravines of McNaughten Condominium Association, et al., Tenth District Court of Appeals, Case No. 09AP-709, Appeal to Ohio Supreme Court is pending.

Packman v. Barton, Twelfth District Court of Appeals, Case No. CA2009-03-009.
http://www.sconet.state.oh.us/rod/docs/pdf/10/2009/2009-ohio-5282.

Gillis v. Hartford Ins., 282 Fed.Appx. 362, (6th Cir. 2008)
http://www.ca6.uscourts.gov/opinions.pdf/08a0332n-06.pdf

Combs v. Black, No. 05AP-1177, 2006 WL 1351510, 2006-Ohio-2439.
http://www.sconet.state.oh.us/rod/docs/pdf/10/2006/2006-ohio-2439.pdf

Bohanan v. Farmers Ins. of Columbus, No. 05-CAE-02010, 2005 WL 2523582, 2005-Ohio-5399.
http://www.sconet.state.oh.us/rod/docs/pdf/5/2005/2005-ohio-5399.pdf

Fontaine v. Hairston, No. 01AP-1004, 2002 WL 1625995, 2002-Ohio-3723
http://www.sconet.state.oh.us/rod/docs/pdf/10/2002/2002-ohio-3723.pdf

Ohio Mutual v. Bird, Fifth District Court of Appeals, Case No. 00 CA 31, 2001 WL 575172.
 

NOTABLE SUBROGATION RECOVERIES

State Automobile Mutual Insurance Company v. Ethan Sayers, et al.
Athens County Common Pleas Court Case No. 09CI0288
Amount Recovered: $590,000.00
Recovery of property damage to public library caused by firecrackers.

American States Insurance Company, et al. v. Phillips Supply Company
Hamilton County Court of Common Pleas, Case No. A9603259
Amount Collected:        $544,225.67
Recovery of property damages sustained to Knights of Columbus hall following fire caused by defective floor refinishing.

American Economy Insurance Company, et al. v. Mills Security, et al.
Hamilton County Common Pleas Court, Case No. A9701395
Amount Collected:        $500,000.00
Recovery of water damages sustained to condominium complex caused by defective alarm system.

Safeco/American States Insurance v. Kirby Blacktop & Concrete
Hamilton County Court of Common Pleas, Case No. A0105570
Amount Collected:        $426,558.90
Recovery of property damages following fire caused by negligent blacktopping services at restaurant parking lot.

Archie L. Nevins, et al. v. Ohio Department of Transportation, et al.
Ohio Court of Claims, Case No. 94-14043 and 95-07865-P.R.
Amount Collected:        $306,000.00
Recovery of full underinsured motorist benefits and medical expenses of decedent insureds following automobile accident.

Safeco Property & Casualty Insurance Company v. Saks Fifth Avenue, et al.
Hamilton County Court of Common Pleas, Case No. A0303496
Amount Collected:        $265,000.00
Recovery of water damages following a pipe burst in a dry pipe fire suppression system.

Ohio Mutual Insurance Co. v. Bird, et. al.
Delaware County Court of Common Pleas, Case No. 00CVH01028
Fifth District Court of Appeals, Case No. 00 CA 31, 2001 WL 575172
Judgment Amount:        $215,600.00
Recovery of pro-rata portion of UIM benefits paid to insured’s estate from Scott-Pontzer carrier.  Summary judgment affirmed on an appeal by the Fifth District Appellate Court.

Safeco Insurance Company, et al. v. Zaring Homes, Inc., et al.
Hamilton County Common Pleas Court, Case No. A9705127
Amount Collected:        $175,000.00
Recovery of property damages sustained to home foundation caused by defective construction.

Safeco/American States Insurance v. Batchlor Heating & Cooling
Settled pre-suit mediation
Amount Collected:        $146,625.00
Recovery of property damages sustained to insured’s new home following fire caused by negligent installation of furnace.
                            
Estate of Rebecca Spellman, et al. v. Norfolk Southern Corporation
Lawrence County Common Pleas Court, Case No. PI96-815
Amount Collected:        $100,000.00
Recovery of full underinsured motorist benefits of decedent insured following automobile accident at railroad crossing.

PUBLICATIONS AND PRESENTATIONS

What To Do When Liability is Clear as Mud, NASP Ohio Chapter, May 2011

Counsel at Mock Jury Trial, NASP National Subrogation Seminar, November 2010

Legal Considerations and Deposition Testimony, Ohio Arson Academy, October 2010

Ten Things to Consider and Look for in the Handling of Insurance Claims, IASIU Spring Seminar, May 2010.

Are Social Networking Sites Discoverable, IASIU Fall 2010 Newsletter

An Analysis of Jacques v. Manton, NSPII Quarterly Report, Summer 2010.

Yes, there is still an arson defense. An Analysis of Randle v. Allstate Indemnity Company, IASIU Quarterly Report, Winter 2009.  NSPII Quarterly Report, Winter 2010.

Immunity Law Update, Presented to the Ohio Chapter of IASIU, Cincinnati Insurance Company, October 2009.

Have We Seen the Last of Chiropractic Assignments? An Analysis of West Broad Chiropractic v. American Family Insurance, NSPII Quarterly Report, Fall 2009.

Property Damage Claims and Subrogation from a Legal Perspective, Presented to Farmers Insurance of Columbus, Inc., Columbus, OH Branch Claims Office, September 16, 2004.

Letters of Protection and Subrogation Rights. Presented to the Joint Committee of the Cincinnati Bar Association and the Academy of Medicine, Fall 1999.

Subrogation Law Update. Presented to Farmers Insurance of Columbus, Inc., Timonium, MD Branch Claims Office, 2000, 2001 and 2002; Columbus, OH Branch Claims Office, 2003 and 2004.

Maximizing Subrogation Recoveries, Ohio Mutual Ins. Co. v. Bird, NASP Quarterly Report, Fall 2001.

COMMUNITY INVOLVEMENT

Ohio State Bar Association

• Member of the Ethics and Professionalism Grievance Review Committee, 2008-Present.
• Member of the Subcommittee responsible for review of Committee recommendations on whether to prosecute claims, 2009-Present.
• Recently selected to serve as Chair of Subcommittee to draft guidelines for investigation and presentation of ethics and professionalism claims, 2010-Present.

Ohio Center for Law-Related Education
Since 2007 has served as High School Mock Trial Competition Judge.

College of Wooster Moot Court Tournament
Served as Judge at annual moot court competition, November, 2009.

Columbus Zoo
Member/Supporter, 2006 – Present.

Columbus Center of Science and Industry (“COSI”)
Member/Supporter, 2006 – Present.

Columbus Children’s Theatre
Member/Supporter, 2009 – Present.

The Ohio State University Buckeye Club
Member, 2003 – Present.

MEMBERSHIPS

• National Society of Professional Insurance Investigators (NSPII)
  Ohio Chapter Board, 2009 - Present
  3-Year Planning Committee, 2009
  Chair of the By-Law Committee, 2009 - Present
  National Conference Planning Committee, 2009
• International Association of Special Investigations Units (IASIU)
  Ohio Chapter Counsel, 2009 - Present
• National Association of Subrogation Professionals (NASP)
  Ohio Chapter Co-Chair, 2011 - Present
• Ohio Association of Civil Trial Attorneys (OACTA)
• Columbus Claims Association
• Columbus Bar Association
• Cincinnati Bar Association
• Ohio State Bar Association