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Court of Appeals Determines Negligent Performance of a Contract is Not a Valid Claim

Court of Appeals for the Second Appellate District recently decided that negligent performance of a contract is not a valid claim. Bolin v. Allstate Property and Casualty Ins. Co. (2018-Ohio-3396) (2018-2016-sc-000572-dg). We had the privilege of representing Allstate in this complicated multi-claim/multi-policy action.  Allstate issued a dwelling policy and several vehicle policies to Plaintiffs. A

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Ohio Law Rejects Restatement of the Law of Liability Insurance

The American Law Institute generates “Restatements of the Law” based upon majority legal rules from different jurisdictions, and Courts often rely upon the Restatement as helpful guidance when the Court does not have established authority on a given topic. However, in May of 2018 the ALI’s new draft Restatement of the Law of Liability Insurance

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Batter Up! A School District is Fighting Back By Arming Teachers – With Baseball Bats

One Pennsylvania school district’s decision to arm teachers with baseball bats evokes the image of teachers roaming up and down the halls, wood bats on their shoulders, ready to take on any potential intruders. That is not quite the case. The district purchased $1800 worth of 16-inch bats, about half the size of standard major

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Kentucky Supreme Court Rules Dog Owner is Strictly Liable

The Kentucky Supreme Court has issued a decision imposing strict liability upon the owner of a dog that attacks and injures another person. See Maupin v. Tankersley, 2016-SC-00572-DG. As a result, comparative fault and premise liability defenses are irrelevant when determining the liability of a dog owner. In Maupin, the plaintiff sought damages for her

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Indiana Court of Appeals Clarifies Insurers’ Subrogation Rights in Landlord/Tenant

On March 7, 2018, the Indiana Court of Appeals reversed a trial court ruling that a subrogated insurer was not a “real party in interest” for purposes of pursuing a breach of contract claim against its insured’s tenant.  In Hoosier Insurance Co. v. Riggs, the court held this type of subrogation action should be considered

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Expanding Locations. Enhancing Service.

Rolfes Henry is pleased to announce the opening of our new office in Indianapolis.  This expansion is in keeping with our ongoing commitment to meet the developing needs of our clients, and to expand into new markets ripe with opportunity. Our new Indianapolis address is: 55 Monument Circle, Suite 917 Indianapolis, IN 46204 800.496.9699 In

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Indiana Court of Appeals Adopts Broad View of “Foreseeability” in Premises Liability Case

On March 7, 2018 the Indiana Court of Appeals reversed a summary judgment in favor of Steak ‘n Shake Operations, Inc., appearing to broaden the duties owed by property owners to business invitees. In Hamilton v. Steak ‘n Shake Operations, Inc., the issue was whether Steak ‘n Shake owed a duty to protect a customer

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