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Novel Claims from a Novel Virus: Coverage Issues for COVID-19 Claims

The COVID-19 pandemic is at the front and center of all our lives.  Across the country, people are sheltering in their homes, and business are shuttering their doors.  The markets have responded to ongoing furloughs, layoffs, and business closures, and the economic implications snowball.  Federal, state, and local governments are working to contain both the

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Labor Costs Not Depreciable In 1st-Party Property Claims in Ohio

On March 18th, the United States Court of Appeals For The Sixth Circuit issued an opinion wherein it determined an Ohio insurer may not “deduct the cost of labor as part of calculating ‘depreciation’ to arrive at its net payment” for the cost to repair or replace damaged property. The case of Perry v. Allstate

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Here We Go Again! Florida Supreme Court Reverses Itself and Endorses Daubert Standard for Expert Testimony

On May 23, 2019, in a shocking reversal of its own seven-month old precedent, the Florida Supreme Court issued a per curium opinion adopting the previously-rejected 2013 legislative amendments to Florida Statute Section 90.702, which codified the Daubert standard for the admissibility of expert testimony in Florida cases. The decision, presently labeled as In re:

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Rolfes Henry Partner Receives Key Fire Science Certification

Rolfes Henry proudly announces that Zach McCune, a Partner in our Cincinnati office, has recently completed a rigorous course of training and testing through the National Association of Fire Investigators, and has received his designation as a Certified Fire and Explosion Investigator – a certification held by only a few attorneys in the United States.

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James P. Nolan, II Appointed Chair of the OSBA Insurance Coverage Law Specialty Board

Rolfes Henry is proud to announce Shareholder James P. Nolan, II has been appointed Chairman of the Ohio State Bar Association Insurance Coverage Law Specialty Board. The OSBA specialization program was created to give licensed Ohio attorneys the ability to become certified as specialists in particular areas of law.  The OSBA currently certifies attorneys in eleven

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Vicarious Liability for Indiana Municipal Entities for Law Enforcement Sexual Assaults

An old legal adage says, “bad facts make bad law.”  In a recent Indiana Supreme Court case, terrible facts resulted in unfavorable law for municipal entities, police departments, and their insurers.  The case is Cox v Evansville Police Dept, No. 18S-CT-447, 2018 Ind. LEXIS 550, at *3 (Sep. 13, 2018) , and it is a

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Kentucky Supreme Court Rules Basic Reparations Benefits Providers Cannot Deny “No-Fault” Benefits on the Basis of Reasonableness of Medical Treatment

On November 1, 2018, the Kentucky Supreme Court issued its much-anticipated decision in 2016-SC-000546-DG.  The Supreme Court affirmed the Court of Appeals’ Opinion finding a paper review of medical records could not be used to unilaterally deny payment of no-fault benefits to claimants in automobile accidents.  The Supreme Court further limited the reasons for denial

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Florida Supreme Court Puts to Rest Debate Between Frye vs. Daubert

On October 15, 2018, the Florida Supreme Court finally put to rest the issue of whether Florida will be a Frye state or a Daubert state when it comes to the admissibility of expert testimony. In a 4-3 ruling, the Court held that a 2017 law passed by the Florida legislature endorsing the Daubert standard

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Florida Supreme Court Overturns Ruling on Insurance Bad Faith Decision

Recently, the Florida Supreme Court issued a critical opinion overturning a 2017 Fourth District Court of Appeal decision on Florida bad faith law.  In Harvey v. GEICO General Insurance Company, the Court held that the Fourth DCA misapplied precedent and relied on inapplicable federal caselaw in finding GEICO had not acted in bad faith in

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Ohio Supreme Court Rules Subcontractor’s Faulty Workmanship Is Not a Covered “Occurrence”

The Ohio Supreme Court has ruled a commercial general liability (“CGL”) policy does not afford coverage to an insured general contractor for property damage caused by a subcontractor’s faulty work. Ohio N. Univ. v. Charles Constr. Servs., Inc., Slip Opinion No. 2018-Ohio-4057. The decision is significant because its effect is to preclude coverage not only

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