Andrew L. Smith

Partner

Bio

Andrew L. Smith is a Partner in our Cincinnati office who concentrates his practice in the areas of construction law, product liability, and insurance “bad faith” litigation. Andy has extensive experience in state and federal courts throughout the country, and is one of a handful of attorneys in the United States to achieve the Certified Litigation Management Professional designation from the Claims and Litigation Management Alliance (“CLM”).

Andy’s interest in construction litigation stems from his family’s connection to the industry. His father, a lifelong construction worker, was a machine operator and worked in stone quarries in northwest Ohio for decades. His uncle was the founder of a family masonry company, and other members of his family work as electricians, carpenters, and operators at a nuclear power plant. Andy’s small-town upbringing instilled in him the importance of building long-term trust and relationships with clients.

In addition to his work as a litigator, Andy involves himself in numerous organizations connected to the construction industry. For example, he is an active participant on the Construction and Insurance Law Committees for three different organizations: CLM; the Ohio Association of Civil Trial Lawyers; and the Defense Research Institute.

He presently serves as the Chapter President for the CLM Southwest Ohio Chapter, and he is a member of the CLM Construction Claims Magazine editorial board. To reach those in the construction industry directly – to understand what they need from their attorneys – Andy takes an active role with two additional organizations, Allied Construction Industries and the Home Builders Association of Greater Cincinnati. He is also the creator of the construction law blog, Between the Law and a Hard Hat.

An avid University of Cincinnati sports fan, Andy is the co-host of BearcatsSportsRadio.com and often announces various sports events for the team.

Education

University of Cincinnati College of Law, Cincinnati, Ohio
Juris Doctor, 2010

Bowling Green State University, Bowling Green, Kentucky
Bachelor of Science, Economics, summa cum laude, 2007

CLM Certified Litigation Management Professional

University of Cincinnati College of Law, Cincinnati, Ohio
Adjunct Professor, Advanced Torts

Admitted to Practice

Federal Courts:

  • U.S. District Court, Northern District of Ohio
  • U.S. District Court, Southern District of Ohio
  • U.S. District Court, Southern District of Indiana

State Courts:

  • Ohio
  • Kentucky

Notable Experience

Publications

Presentations

  • "Sharing Economy: Complicating Claims & Coverage" (2018), presented at PLRB Claims Conference & Insurance Services Exposition, Orlando, Florida
  • “Using Data From Wearable Devices, Smart Thermostats, and Digital Assistants in Claims and Litigation,” (2018), presented at Claims and Litigation Management Alliance Annual Conference, Houston, Texas
  • “Drones for the Insurance Industry," (2018), presented at Bluegrass Claims Association Nicholasville, Kentucky
  • “Social Media Investigations and Pitfalls," (2017), presented at National Business Institute (NBI) Legal Ethics Seminar, Cincinnati, Ohio
  • "How Self-Driving Cars Will Change the World of Insurance," (2017), presented at Claims and Litigation Management Alliance New York Conference, New York, New York
  • "Alexa, Help Solve My Case!" (2017), presented at Ohio Chapter of International Association of Special Investigation Units (IASIU) Fall Conference, Columbus, Ohio
  • "How Fitbit, Nest, and Alexa Impact Claims and Litigation," (2017), presented at Chartered Property Casualty Underwriter  Society Conference, Newark, Ohio
  • “Using the Digital Age to Your Advantage," (2017), presented at Columbus Claims Association, Columbus, Ohio
  • "Wearable Devices, Smart Thermostats, and Digital Assistants," (2017), presented at National Society of Professional Insurance Investigators Indiana Chapter Conference, Fishers, Indiana
  • "Uber Coverage Issues and Complications for Ride-Sharing," (2017), presented at Claims and Litigation Management Alliance Midwest Conference, Chicago, Illinois
  • "Unmanned Aerial Vehicles for Emergency Responders," (2017), presented at University of Cincinnati Conference, Cincinnati, Ohio
  • "Ride-sharing and Home-Sharing," (2017), presented at Claims and Litigation Management Alliance Annual Conference, Nashville, Tennessee
  • "The Sharing Economy Coverage and Litigation, including Airbnb," (2017), presented at Cincinnati Bar Association Insurance Law Seminar, Cincinnati, Ohio
  • "Litigation Ethical Issues and Social Media Pitfalls," (2016), presented at National Business Institute Advanced Trial Tactics Seminar, Cincinnati, Ohio
  • "Coverage Complications: Ride-Sharing, Bitcoin, Drones, and Self-Driving Cars," (2016), presented at Claims and Litigation Management Alliance New York Conference, New York, New York
  • "What Makes for a Good Coverage Defense?" (2016), presented at Claims and Litigation Management Alliance National Construction Claims Conference, San Diego, California
  • “Ride-Sharing, Bitcoin, Drones, Self-Driving Cars, Oh My!” (2016), presented at Claims and Litigation Management Alliance Southwest Ohio Chapter Education & Networking Conference, Cincinnati, Ohio
  • "Ride-Sharing, Bitcoin, Self-Driving Cars, Drones – Oh My!" (2016), presented at Ohio Chapter of International Association of Special Investigation Units Annual Conference, Columbus, Ohio
  • "Ride-Sharing, Bitcoin, Cybersquatting, and Drones," (2016), presented at Claims and Litigation Management Alliance Annual Conference, Orlando, Florida
  • "Insurance Complications in the Modern World," (2016), presented at Smith, Rolfes & Skavdahl Insurance Law Seminar, Cincinnati, Ohio
  • "Federal Regulations Concerning Ride-Sharing, Bitcoin, Self-Driving Cars, and Drones," (2016), presented at Cincinnati Bar Association Insurance Law Continuing Legal Education Seminar, Cincinnati, Ohio
  • "The Uncertain World of Construction Defect Coverage, and Construction Legal Ethics and Pitfalls," (2015), presented at National Business Institute Annual Construction Law Seminar, Cincinnati, Ohio
  • "Insurance Complications in a Modern World, Including Ride-Sharing, Bitcoin, Legalized Marijuana, Cybersquatting, Self-Driving Cars, and Drones," (2015), presented at Ohio State Bar Association Annual Insurance Law Continuing Legal Education Conference, Columbus, Ohio
  • "Social Media Issues Involving Claims and Litigation," (2015), presented at Claims and Litigation Management Alliance Southwest Ohio Chapter Education & Networking Conference, Cincinnati, Ohio

Significant Cases

  • 844-Bank-BTC v. Dr. Brian T. Young; Successfully resolve breach of contract matter for cryptocurrency exchange concerning a large Bitcoin transaction.
  • Dillon v. Farmers Ins. of Columbus, Inc., Ohio Supreme Court, 145 Ohio St.3d 133, 2015-Ohio-5407; Won appeal to Ohio Supreme Court and reversal of Fifth District Court of Appeals decision.  The case involved the inapplicability of the Consumer Sales Practices Act and award of treble damages and attorney fees stemming from an automobile repair insurance claim using after-market vehicle parts.
  • J.W. Rogers Properties 1, LLC v. City of Toledo, et. al., Lucas County Common Pleas in Ohio, Case No. CI0201301226; Obtained pretrial dismissal of all claims through motion for judgment on the pleadings before two complex construction cases each involving six defendants alleging property damage and lost profits that were consolidated and extensive written discovery and depositions took place.
  • James F. O’Toole Company, Inc., et al. v. EMC, et al., Maricopa County Superior Court in Arizona, Case Nos. CV2008-031990 and CV2009-002808 (Consolidated)Defended and resolved complex litigation alleging claims of malicious prosecution, abuse of process, intentional infliction of emotional distress, and punitive damages stemming from bad faith suit and civil RICO counterclaims against public adjuster where plaintiffs sought damages in excess of $4,000,000.00.

Community Involvement

Steam Boat Landing Condominium Association

  • Board Member (July 2016 to Present)

Matthew 25: Ministries

  • Volunteer (2015 to Present)

Cincinnati Bar Association

  • Community Service Committee (August 2011 to Present)

Baskets of Care Non-Profit

  • Board of Directors (August 2010 to September 2011)

Podcasts

  • Ohio Young Professional and Consumer (OYPAC) Podcast - Making the Most of the Sharing Economy with Andrew Smith - January 3, 2018; www.oypac.com/02-making-sharing-economy-andrew-smith/
  • National Association of Subrogation Professionals (NASP) – Drone Laws and Privacy Concerns Podcast – July 12, 2017

Memberships

Allied Construction Industries (ACI)

  • Education Committee
  • Safety Committee

Ohio Association of Civil Trial Attorneys (OACTA)

  • Construction Law Committee

Defense Research Institute (DRI)

  • Construction Law Committee
  • Insurance Law Committee

Claims and Litigation Management Alliance (CLM)

  • Southwest Ohio Chapter (President, 2017-19)
  • Construction Claims Magazine Committee
  • Construction Law Committee
  • Insurance Law Committee

Associated General Contractors of Ohio

Home Builders Association of Greater Cincinnati

National Society of Professional Insurance Investigators

  • National Board Member (2017 to Present)

Areas of Practice

  • Construction Litigation
  • Insurance Bad Faith Litigation
  • Product Liability
  • Property & Casualty Insurance Litigation