Insurance Law
Our attorneys assist clients with issues related to effective, legal Affordable Care Act implementation and compliance strategies, and other statutory compliance issues related to business and employment growth strategies.
Insurance Law Articles
Does your insurer have a duty to defend?
There are two types of duties that an insurance company may have to its policy holder when a claim is made against the policy holder by a person or company that claims damage or injury (a claimant). The insurer may have a duty to defend the claim, thereby...
Ohio law requires insurers to act in good faith.
Because of the nature of the relationship between an insurer and its insured, Ohio law requires an insurer to act in good faith in handling and paying the claims of its insured. Hoskins v. Aetna Life Ins. Co. A breach of this duty will give rise to a caus...
Insurance policies are to be interpreted in favor of the insured under Ohio law.
In the insurance field the insured usually has no voice in the preparation of the insurance policy and typically a great disparity exists between the economic positions of the parties to a contract of insurance. Furthermore, at the time an insured makes a...
Insurers have an obligation to defend and indemnify resulting construction damages.
Some courts have adopted a mantra that commercial general liability insurance policies are not “performance bonds” and, as such, do not to insure the risks of an insured causing damage to the insured's own work. This narrow view focuses on the perceiv...
The Scope of Appraisal Clauses
The Scope of Appraisal Clauses Many insurance policy holders may not know that their policies contain a mechanism to resolve disputes over the value of a loss that takes the valuation determination out of the hands of the insurance company. This mechanism...
