Industry Insider

Supreme Court Affirms Punitive Damages Only Available for Torts

In a recent case, Lucarell v. Nationwide Mutual Insurance Company, 2018-Ohio-15, the Ohio Supreme Court affirmed that punitive damages are only available as an award for tort claims under Ohio law. Rejecting the logic of several Ohio appellate courts, including the Seventh District Court of Appeals, the Court held there is no “exception” to the longstanding common law rule precluding the award of punitive damages for breach of contract.

Read More

Assessing Advanced Cellphone Location Evidence

In recent years, all the major cellular providers have developed advanced technology that purports to determine the approximate locations of cellphones on the providers' networks, even without GPS. Law enforcement has been especially interested in this technology for locating a cellphone before, during, or after a crime. It offers the same promise in civil cases. Because this evidence is the product of complicated technological processes, jurors may be tempted to believe that the processes are infallible.

Read More

Municipalities Selling Water Have No Obligation to Charge Reasonable Rates

A recent decision by the Ninth District Court of Appeals has held that Ohio municipalities selling water to non-residents have no obligation to charge reasonable rates.

Read More

Big Implications for Policyholder Bad Faith Claims in Pennsylvania

On September 28, 2017, the Pennsylvania Supreme Court held that an insurer need not prove an insurance company’s motive of self-interest or ill-will as a prerequisite to prevailing in a bad faith claim under Section 8371. Instead, the Court adopted a two-part test first articulated by the Superior Court in Terletsky v. Prudential Property & Cas. Ins. Co., 649 A.2d 680 (Pa. Super. 1994) in establishing bad faith. In order to prevail on a bad faith claim, the policyholder must present clear and convincing evidence that (1) the insurer did not have a reasonable basis for denying benefits under the policy; and (2) the insurer knew of or recklessly disregarded its lack of a reasonable basis. Rancosky v. Washington National Insurance Co., Case No. 28 WAP 2016.

Read More

Is There Insurance Coverage for this Intellectual Property Claim: The Exception to the IP Exclusion

Most policyholders do not think insurance when faced with an intellectual property claim. That is a mistake. While it is true that many commercial general liability (“CGL”) policy forms, including the 2001 and 2007 Insurance Service Office (“ISO”) forms, have the Intellectual Property Exclusion – you should not end your coverage inquiry there.

Read More

Computer-Aided Design Does Not Make You a Copyright Cad

Architects, designers and developers in the age of computer-aided design (CAD) are understandably uncertain about copyright protection for architectural plans, criteria drawings, layouts and other instruments of service. A recent decision out of the U.S. District Court for the Northern District of Ohio found that copyright infringement did not arise from layering another architect's prototype plans into a CAD file and using them as part of a "tool kit" to create new architectural plans because the new plans were not shown to be substantially similar to the prototype plans.

Read More

Labor & Lactation: Employer Requirements for Nursing Mothers

Justice Ruth Bader Ginsburg has said, “Women will only have true equality when men share with them the responsibility of bringing up the next generation.” As involved as a father may be in childrearing, men will never face the logistical dilemmas of breastfeeding working mothers. Federal and some state laws impose requirements on employers to provide breaks and a space for nursing mothers to express milk. These measures that attempt to level the playing field for women benefit employers by allowing them to retain high quality employees who are also mothers. However, our current political landscape may alter the requirements that currently exist.

Read More

It’s Time to Think About Discovery

Since the 2015 amendments to Rules 26 and 34, numerous cases provided guidance that parties should be familiar with in order to: (i) understand the impact the amendments to Rule 26 have on the scope of discovery; and (ii) ensure they are complying with amended Rule 34. Parties that rely solely on pre-amendment cases, motions, arguments, or responses do so at their own peril.

Read More

When Is a Business Risk Covered?

Determining whether business risk exclusions preclude coverage is a complicated, fact-intensive inquiry often misunderstood by both policyholders and insurers — making it one of the most contentious issues in insurance coverage litigation today. In order to protect their claim and ensure that insurers adhere to their contractual obligations, policyholders need to understand what types of losses these exclusions preclude, and more importantly, what they do not preclude. This article discusses the application of the most commonly utilized business risk exclusions and tips for policyholders to maximize their coverage.

Read More

Transfer of Insurance Rights Under Liability Policies as the Result of the Sale of a Business (Revisited)

Joseph Thacker, TRZ Shareholder and Certified OSBA Attorney in Insurance Coverage Law Andrew W. Miller, TRZ Shareholder, Stephen Brown and Seymour Nayer Published in the American Bar Association's Tort Trial & Insurance Practice Law Journal, Fall 2016, Vol. 52, Issue 1

Read More
Next Posts

January
18th 2018

Supreme Court Affirms Punitive Damages Only Available for Torts

In a recent case, Lucarell v. Nationwide Mutual Insurance Company, 2018-Ohio-15, the Ohio Supreme Court affirmed that punitive damages are only available as an award for tort claims under Ohio law. Rejecting the logic of several Ohio appellate courts, including the Seventh District Court of Appeals, the Court held there is no “exception” to the longstanding common law rule precluding the award of punitive damages for breach of contract.... Read More

December
22nd 2017

TRZ Gives Back

We at TRZ have much to be thankful for: exceptional clients, talented peers, valued friends of the firm, and colleagues who are like family. For all of you, we are grateful.... Read More

December
6th 2017

Assessing Advanced Cellphone Location Evidence

In recent years, all the major cellular providers have developed advanced technology that purports to determine the approximate locations of cellphones on the providers' networks, even without GPS. Law enforcement has been especially interested in this technology for locating a cellphone before, during, or after a crime. It offers the same promise in civil cases. Because this evidence is the product of complicated technological processes, jurors may be tempted to believe that the processes are infallible.... Read More

Industry Insider

Supreme Court Affirms Punitive Damages Only Available for Torts

In a recent case, Lucarell v. Nationwide Mutual Insurance Company, 2018-Ohio-15, the Ohio Supreme Court affirmed that punitive damages are only available as an award for tort claims under Ohio law. Rejecting the logic of several Ohio appellate courts, including the Seventh District Court of Appeals, the Court held there is no “exception” to the longstanding common law rule precluding the award of punitive damages for breach of contract.

Read More

Assessing Advanced Cellphone Location Evidence

In recent years, all the major cellular providers have developed advanced technology that purports to determine the approximate locations of cellphones on the providers' networks, even without GPS. Law enforcement has been especially interested in this technology for locating a cellphone before, during, or after a crime. It offers the same promise in civil cases. Because this evidence is the product of complicated technological processes, jurors may be tempted to believe that the processes are infallible.

Read More

Municipalities Selling Water Have No Obligation to Charge Reasonable Rates

A recent decision by the Ninth District Court of Appeals has held that Ohio municipalities selling water to non-residents have no obligation to charge reasonable rates.

Read More

Big Implications for Policyholder Bad Faith Claims in Pennsylvania

On September 28, 2017, the Pennsylvania Supreme Court held that an insurer need not prove an insurance company’s motive of self-interest or ill-will as a prerequisite to prevailing in a bad faith claim under Section 8371. Instead, the Court adopted a two-part test first articulated by the Superior Court in Terletsky v. Prudential Property & Cas. Ins. Co., 649 A.2d 680 (Pa. Super. 1994) in establishing bad faith. In order to prevail on a bad faith claim, the policyholder must present clear and convincing evidence that (1) the insurer did not have a reasonable basis for denying benefits under the policy; and (2) the insurer knew of or recklessly disregarded its lack of a reasonable basis. Rancosky v. Washington National Insurance Co., Case No. 28 WAP 2016.

Read More

Is There Insurance Coverage for this Intellectual Property Claim: The Exception to the IP Exclusion

Most policyholders do not think insurance when faced with an intellectual property claim. That is a mistake. While it is true that many commercial general liability (“CGL”) policy forms, including the 2001 and 2007 Insurance Service Office (“ISO”) forms, have the Intellectual Property Exclusion – you should not end your coverage inquiry there.

Read More

Computer-Aided Design Does Not Make You a Copyright Cad

Architects, designers and developers in the age of computer-aided design (CAD) are understandably uncertain about copyright protection for architectural plans, criteria drawings, layouts and other instruments of service. A recent decision out of the U.S. District Court for the Northern District of Ohio found that copyright infringement did not arise from layering another architect's prototype plans into a CAD file and using them as part of a "tool kit" to create new architectural plans because the new plans were not shown to be substantially similar to the prototype plans.

Read More

Labor & Lactation: Employer Requirements for Nursing Mothers

Justice Ruth Bader Ginsburg has said, “Women will only have true equality when men share with them the responsibility of bringing up the next generation.” As involved as a father may be in childrearing, men will never face the logistical dilemmas of breastfeeding working mothers. Federal and some state laws impose requirements on employers to provide breaks and a space for nursing mothers to express milk. These measures that attempt to level the playing field for women benefit employers by allowing them to retain high quality employees who are also mothers. However, our current political landscape may alter the requirements that currently exist.

Read More

It’s Time to Think About Discovery

Since the 2015 amendments to Rules 26 and 34, numerous cases provided guidance that parties should be familiar with in order to: (i) understand the impact the amendments to Rule 26 have on the scope of discovery; and (ii) ensure they are complying with amended Rule 34. Parties that rely solely on pre-amendment cases, motions, arguments, or responses do so at their own peril.

Read More

When Is a Business Risk Covered?

Determining whether business risk exclusions preclude coverage is a complicated, fact-intensive inquiry often misunderstood by both policyholders and insurers — making it one of the most contentious issues in insurance coverage litigation today. In order to protect their claim and ensure that insurers adhere to their contractual obligations, policyholders need to understand what types of losses these exclusions preclude, and more importantly, what they do not preclude. This article discusses the application of the most commonly utilized business risk exclusions and tips for policyholders to maximize their coverage.

Read More

Transfer of Insurance Rights Under Liability Policies as the Result of the Sale of a Business (Revisited)

Joseph Thacker, TRZ Shareholder and Certified OSBA Attorney in Insurance Coverage Law Andrew W. Miller, TRZ Shareholder, Stephen Brown and Seymour Nayer Published in the American Bar Association's Tort Trial & Insurance Practice Law Journal, Fall 2016, Vol. 52, Issue 1

Read More
Next Posts

January
18th 2018

Supreme Court Affirms Punitive Damages Only Available for Torts

In a recent case, Lucarell v. Nationwide Mutual Insurance Company, 2018-Ohio-15, the Ohio Supreme Court affirmed that punitive damages are only available as an award for tort claims under Ohio law. Rejecting the logic of several Ohio appellate courts, including the Seventh District Court of Appeals, the Court held there is no “exception” to the longstanding common law rule precluding the award of punitive damages for breach of contract.... Read More

December
22nd 2017

TRZ Gives Back

We at TRZ have much to be thankful for: exceptional clients, talented peers, valued friends of the firm, and colleagues who are like family. For all of you, we are grateful.... Read More

December
6th 2017

Assessing Advanced Cellphone Location Evidence

In recent years, all the major cellular providers have developed advanced technology that purports to determine the approximate locations of cellphones on the providers' networks, even without GPS. Law enforcement has been especially interested in this technology for locating a cellphone before, during, or after a crime. It offers the same promise in civil cases. Because this evidence is the product of complicated technological processes, jurors may be tempted to believe that the processes are infallible.... Read More

Industry Insider

Supreme Court Affirms Punitive Damages Only Available for Torts

In a recent case, Lucarell v. Nationwide Mutual Insurance Company, 2018-Ohio-15, the Ohio Supreme Court affirmed that punitive damages are only available as an award for tort claims under Ohio law. Rejecting the logic of several Ohio appellate courts, including the Seventh District Court of Appeals, the Court held there is no “exception” to the longstanding common law rule precluding the award of punitive damages for breach of contract.

Read More

Assessing Advanced Cellphone Location Evidence

In recent years, all the major cellular providers have developed advanced technology that purports to determine the approximate locations of cellphones on the providers' networks, even without GPS. Law enforcement has been especially interested in this technology for locating a cellphone before, during, or after a crime. It offers the same promise in civil cases. Because this evidence is the product of complicated technological processes, jurors may be tempted to believe that the processes are infallible.

Read More

Municipalities Selling Water Have No Obligation to Charge Reasonable Rates

A recent decision by the Ninth District Court of Appeals has held that Ohio municipalities selling water to non-residents have no obligation to charge reasonable rates.

Read More

Big Implications for Policyholder Bad Faith Claims in Pennsylvania

On September 28, 2017, the Pennsylvania Supreme Court held that an insurer need not prove an insurance company’s motive of self-interest or ill-will as a prerequisite to prevailing in a bad faith claim under Section 8371. Instead, the Court adopted a two-part test first articulated by the Superior Court in Terletsky v. Prudential Property & Cas. Ins. Co., 649 A.2d 680 (Pa. Super. 1994) in establishing bad faith. In order to prevail on a bad faith claim, the policyholder must present clear and convincing evidence that (1) the insurer did not have a reasonable basis for denying benefits under the policy; and (2) the insurer knew of or recklessly disregarded its lack of a reasonable basis. Rancosky v. Washington National Insurance Co., Case No. 28 WAP 2016.

Read More

Is There Insurance Coverage for this Intellectual Property Claim: The Exception to the IP Exclusion

Most policyholders do not think insurance when faced with an intellectual property claim. That is a mistake. While it is true that many commercial general liability (“CGL”) policy forms, including the 2001 and 2007 Insurance Service Office (“ISO”) forms, have the Intellectual Property Exclusion – you should not end your coverage inquiry there.

Read More

Computer-Aided Design Does Not Make You a Copyright Cad

Architects, designers and developers in the age of computer-aided design (CAD) are understandably uncertain about copyright protection for architectural plans, criteria drawings, layouts and other instruments of service. A recent decision out of the U.S. District Court for the Northern District of Ohio found that copyright infringement did not arise from layering another architect's prototype plans into a CAD file and using them as part of a "tool kit" to create new architectural plans because the new plans were not shown to be substantially similar to the prototype plans.

Read More

Labor & Lactation: Employer Requirements for Nursing Mothers

Justice Ruth Bader Ginsburg has said, “Women will only have true equality when men share with them the responsibility of bringing up the next generation.” As involved as a father may be in childrearing, men will never face the logistical dilemmas of breastfeeding working mothers. Federal and some state laws impose requirements on employers to provide breaks and a space for nursing mothers to express milk. These measures that attempt to level the playing field for women benefit employers by allowing them to retain high quality employees who are also mothers. However, our current political landscape may alter the requirements that currently exist.

Read More

It’s Time to Think About Discovery

Since the 2015 amendments to Rules 26 and 34, numerous cases provided guidance that parties should be familiar with in order to: (i) understand the impact the amendments to Rule 26 have on the scope of discovery; and (ii) ensure they are complying with amended Rule 34. Parties that rely solely on pre-amendment cases, motions, arguments, or responses do so at their own peril.

Read More

When Is a Business Risk Covered?

Determining whether business risk exclusions preclude coverage is a complicated, fact-intensive inquiry often misunderstood by both policyholders and insurers — making it one of the most contentious issues in insurance coverage litigation today. In order to protect their claim and ensure that insurers adhere to their contractual obligations, policyholders need to understand what types of losses these exclusions preclude, and more importantly, what they do not preclude. This article discusses the application of the most commonly utilized business risk exclusions and tips for policyholders to maximize their coverage.

Read More

Transfer of Insurance Rights Under Liability Policies as the Result of the Sale of a Business (Revisited)

Joseph Thacker, TRZ Shareholder and Certified OSBA Attorney in Insurance Coverage Law Andrew W. Miller, TRZ Shareholder, Stephen Brown and Seymour Nayer Published in the American Bar Association's Tort Trial & Insurance Practice Law Journal, Fall 2016, Vol. 52, Issue 1

Read More
Next Posts

January
18th 2018

Supreme Court Affirms Punitive Damages Only Available for Torts

In a recent case, Lucarell v. Nationwide Mutual Insurance Company, 2018-Ohio-15, the Ohio Supreme Court affirmed that punitive damages are only available as an award for tort claims under Ohio law. Rejecting the logic of several Ohio appellate courts, including the Seventh District Court of Appeals, the Court held there is no “exception” to the longstanding common law rule precluding the award of punitive damages for breach of contract.... Read More

December
22nd 2017

TRZ Gives Back

We at TRZ have much to be thankful for: exceptional clients, talented peers, valued friends of the firm, and colleagues who are like family. For all of you, we are grateful.... Read More

December
6th 2017

Assessing Advanced Cellphone Location Evidence

In recent years, all the major cellular providers have developed advanced technology that purports to determine the approximate locations of cellphones on the providers' networks, even without GPS. Law enforcement has been especially interested in this technology for locating a cellphone before, during, or after a crime. It offers the same promise in civil cases. Because this evidence is the product of complicated technological processes, jurors may be tempted to believe that the processes are infallible.... Read More

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