Kimberly L. Rathbone

Attorney Profile

Top Rated Insurance Coverage Attorney in Cleveland, OH

Rathbone Group, LLC
 | 1250 Granger Rd, Cleveland, OH 44131
Phone: 888-445-4759
Fax: 216-623-0190
Selected To Super Lawyers: 2021
Selected To Rising Stars: 2011 - 2014
Licensed Since: 2001
Practice Areas:
  • Insurance Coverage
    Attorney Profile

    As member partner at Rathbone Group, LLC, Kimberly L. Rathbone manages legal cases of insurance coverage for those in Ohio. Inside Business named her One to Watch and she was also recognized as a National Women in Law honoree. With almost two decades of experience, she is now responsible for problem solving, data analysis, process creating and quality assurance. She also manages and supports a network of counsel throughout the North American continent.

    Ms. Rathbone attended The Ohio State University, where she earned her Bachelor of Arts in 1996. She then moved on to law school at Cleveland-Marshall College of Law and graduated cum laude with her Juris Doctor in 2001. Now admitted to practice in the state of Ohio, she is also admitted before the United States Court of Appeals for the 7th Circuit, the United States Court of Appeals for the 6th Circuit and the United States District Court for the Northern District of Ohio.

    In 2010, Ms. Rathbone went on to obtain her certificate for a Leadership Deep Dive from the Weatherhead School of Management at Case Western Reserve University. An A.M. Best insurance attorney, she is also a member of the Cleveland Metropolitan Bar Association, the Association of Governmental Risk Professionals, the Vermont Captive Insurance Association and the National Association of Subrogation Professionals.

    Ms. Rathbone gives back to her community with her service on the John Carroll Women’s Entrepreneurship Advisory Council, with the Union Club Women’s Committee, the Vermont Captive Insurance Association conference task force, the Cleveland Metropolitan Bar Association insurance section and working with Tools for Schools. For her high ethical standards and long list of successful results, she holds the highest peer rating possible of AV Preeminent* from Martindale-Hubbell.

    * AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Rating™ fall into two categories – legal ability and general ethical standards.

     
    Practice Areas
    • 100%Insurance Coverage
    Focus Areas

    Insurance

    Selections

    Selected to Super Lawyers for 1 yearsmiddle-imageSelected to Rising Stars for 4 years

    Super Lawyers: 2021 Rising Stars: 2011 - 2014

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    About Kimberly Rathbone

    Admitted: 2001, Ohio

    Professional Webpage: https://www.rathbonegroup.com/our-people/kimberly-rathbone/

    Honors/Awards:

    • Kimberly Rathbone has earned the AV Preeminent rating from Martindale-Hubbell, the highest possible rating. Martindale-Hubbell has recognized lawyers for their strong legal ability and high ethical standards for more than a century. The AV Preeminent rating is achieved only after an attorney has been reviewed and recommended by their peer members of the bar and judiciary, as well as clients. Martindale-Hubbell’s announcement can be found here. You can find her profile here., Martindale Hubbell AV Rating, Martindale Hubbell, 2018
    • A.M. Best Insurance Attorney
    • One to Watch features up and coming business professionals making a mark in their area and their industry., One to Watch, Inside Business, 2009
    • Corporate Counsel and InsideCounsel magazine wanted to spotlight women leaders who have demonstrated extraordinary leadership and business acumen as they have guided their organizations through often treacherous roads to achieve success. They selected women who stood out to them because they are “business strategists, complex problem-solvers, and great lawyers.” Kim’s honoree profile is featured here., National Women in Law Award, Corporate Counsel, 2018
    • This elite group of young, resourceful professionals shares a similar goal: to make Northeast Ohio a better place to live, raise a family and build a business. They are the Cleveland Professional 20/30 Club’s Top 25 under 35 Movers and Shakers., Top 25 Under 35 Movers and Shakers, Inside Business, 2006

    Special Licenses/Certifications:

    • Admittance to Northern District Federal Court, 2002
    • Admittance to 6th Circuit Court of Appeals, 2002
    • Admittance to 7th Circuit Court of Appeals, 2013

    Bar/Professional Activity:

    • Cleveland Metropolitan Bar Association Insurance Section
    • Association of Government Risk Professionals
    • National Association of Subrogation Professionals
    • Vermont Captive Insurance Association Conference Task Force
    • Ohio
    • 7th Circuit Court of Appeals
    • 6th Circuit Court of Appeals
    • Northern District of Ohio
    • Cleveland Metropolitan Bar Association, 2001

    Pro bono/Community Service:

    • Tools for Schools
    • Union Club Women’s Committee
    • John Carroll Women's Entrepreneurship Advisory Council Member, 2019
    • John Carroll Women's Entrepreneurship Advisory Council Member, 2018

    Scholarly Lectures/Writings:

    • Rathbone, Kimberly L and Mackenzie Robinson, “Insurtech is Innovating the Insurance Industry” Cleveland Metropolitan Bar Journal, February 2019
    • “How to Handle Resistant Uninsured Tortfeasors,” NASP Webinar, July 2014
    • “Other People’s Torts – Third Party Liability in Subrogation Claims” Insurance Adjuster Continuing Education Provider Instructor, 2018 and 2019
    • “Successfully Managing and Growing a Family Business,” COSE Small Business Conference Workshop, 2009
    • “Insurtech: Changing The Way Insurance Works”, Continuing Legal Education Presentations, 2019
    • “Fortune Cookie – A Fresh Look at Subrogation”, Continuing Legal Education Presentations, 2017
    • “Increase Recoveries From the Uninsured,” Annual Conference, National Association of Subrogation Professionals, 2010
    • “Identifying Conflicts of Interest,” Annual Conference, National Association of Subrogation Professionals, 2009
    • “Identifying Conflicts of Interest,” Chapter Meeting, National Association of Subrogation Professionals, 2009
    • “Vicarious Liability Law: How to Avoid An Ambush,” Litigation Skills Conference, National Association of Subrogation Professionals, 2007
    • “Balancing Small Subrogation Claims”, National Association of Subrogation Professionals, 2006
    • Rathbone, Kimberly L. “Keep the Short Check and Proceed on the Remaining Claim? Not so Fast…” NASP Subrogator, Spring/Summer 2019
    • Rathbone, Kimberly L., “The Benefits of Civic Involvement” Smart Business Network Magazine, 2005
    • Rathbone, Kimberly L., “Wait – You Haven’t Used Arbitration Forums Yet?” Cleveland Metropolitan Bar Journal, February 2018
    • Contributing Editor of CSRP Curriculum, Service Provider Chapter, 2013
    • Rathbone, Kimberly L. and Jason M. Sullivan, “U.S. Supreme Court Declines Review of Pintos” NASP Subrogator, Winter 2011
    • Rathbone, Kimberly L. and Jason M. Sullivan. “Credit Bureau Reports: When Can You Use Them?” NASP Subrogator, Fall 2010
    • Rathbone, Kimberly L. “Sign Me Up,” Council on Smaller Enterprises, 2010
    • Rathbone, Kimberly L. “So, You Know Retail… Now What About Subro?” National List Newsletter, 2009
    • Rathbone, Kimberly L. “Forwarding As A Partnership” National List Newsletter, 2008
    • Rathbone, Kimberly L. and Mark J.A. Demian. “Sticking It to the Man: Holding Employers Responsible for Negligent Acts of so-Called “Independent Contractors” NASP Subrogator, Spring/Summer 2006
    • Rathbone, Kimberly L. and Joel H. Rathbone, “The Balancing Act of Small Subrogation Claims” NASP Subrogator, Winter 2005

    Videos:

    • On this episode of On Subrogation, Kim Rathbone is live at the NASP conference with California attorney Susan Benson. They discuss the complications involved when an insured has out of pocket claims. A carrier and its attorney must be very careful when subrogating claims when an insured has its own uncovered claims. What can the adjuster or subrogation representative do when processing and subrogating the claim to help? Also, what steps can a carrier's attorney take to protect the insured without creating a conflict of interest with the carrier's customer?, Subro LIVE! When Your Insured Has Out of Pockets, Insurance Subrogation, 2019
    • This episode of On Subrogation addresses what happens when a tortfeasor dies during subrogation pursuit. It explores how to determine whether an estate exists, as well as what to do when an estate is located, and the challenges involved in opening an estate as a creditor., When a Tortfeasor Dies During Subrogation Pursuit, Insurance Subrogation, 2019
    • This episode of On Subrogation explores the Independent Contractor Defense to a Vicarious Liability argument. Some clear exceptions to the general rule that an employer is not held liable for the negligent acts of a contractor are reviewed. Also, even though the independent contractor has that title, the employer could still be held liable because the title is just an employee in disguise. It's all about control by the employer over the independent contractor. Kim walks through many of the factual scenarios that will help you build your case to hold an employer liable for the negligent acts of its independent contractor., Independent Contractor Defense, Insurance Subrogation, 2019
    • This episode of On Subrogation explores subrogating against underinsured tortfeasors. It provides guidance on steps to take to increase recovery on the limits and provides information on when the claims are historically more likely to pay any excess. There are also hints on how to avoid pitfalls when pursuing underinsured claims., Subrogating Underinsured Tortfeasors, Insurance Subrogation, 2019
    • This episode of On Subrogation explores liability of the owner of a vehicle when a member of the household causes injuries through use of the car. This type of vicarious liability is called the Family Car Doctrine. Kim discusses whether the doctrine applies to different uses of the vehicle and different relations of the driver to the owner. There are helpful tips on what claims professionals can investigate when adjusting the loss or when attempting to recover a claim., Family Car Doctrine, Insurance Subrogation, 2019
    • This episode of On Subrogation explores when you can continue the pursuit of subrogation if a tortfeasor files bankruptcy. There are times when filing a proof of claim is permitted, but sometimes an adversary proceeding is required. Kim discusses what circumstances to look for in order to proceed with recovery., Subrogating When a Tortfeasor Files Bankruptcy, Insurance Subrogation, 2019
    • This episode of On Subrogation explores liability for serving alcohol or other substances to intoxicated parties for injuries caused by the intoxicated person. Liability of a bar, restaurant or employee can occur through something called Dram Shop Liability if it can be proven that the sale was to a knowingly intoxicated person. However, even a party host at a home can be responsible for making alcohol or other substances available, especially when there are minors involved. Kim explores the standards in different states, and what to look for when investigating a claim involving alcohol consumption., Liability for Serving Alcohol/Substances, Insurance Subrogation, 2019
    • This episode of On Subrogation focuses on Parental Liability. The video discusses statutes that hold parents liable for the intentional acts of their children or for sponsoring a minor for a driver's license. It also explores how parents can be held liable through common law for negligent supervision and potential insurance coverage for these claims., Parental Liability, Insurance Subrogation, 2019
    • On this special live episode, Kim Rathbone sits down with Patrick Jarosch and Joel Radakovich from Grotefeld Hoffman to discuss why filing dispositive motions early in the litigation process can help you gain the upper hand in your subrogation case. Sometimes, the early bird really does get the worm., Subro LIVE! - Benefits of Early Motion Practice, Insurance Subrogation, 2019
    • On this special live episode, Kim Rathbone sits down with New York attorney Brian Suchoff to talk about best practices when opening a new subrogation file. Brian shares tips to help clients learn what information subrogation attorneys need to best handle the file, and tips for the attorneys handling the intake process., Subro LIVE! - Brian Suchoff on Best Practices in Intake, Insurance Subrogation, 2019
    • This episode of On Subrogation focuses on Vicarious Liability and the Respondeat Superior doctrine. The video discusses how to prove the vicarious liability of an employer for the liability of their employees. It also explores various examples of when an employee will be held to be in or out of the course and scope of their employment., Vicarious Liability - Respondeat Superior Doctrine, Insurance Subrogation, 2019
    • On this special live episode, Kim Rathbone sits down with attorney Allen Mills to discuss the complexities of handling workers compensation subrogation in North Carolina. Based on his years of practice in the area, Allen provides practical tips that are applicable beyond the boundaries of the Tar Heel State., Subro LIVE! - Allen Mills on Workers' Compensation Subrogation, Insurance Subrogation, 2019
    • This episode of On Subrogation focuses on Post-Suit License Suspensions. The video discusses the various requirements and procedures that states have across the country to complete these suspensions. It also provides recommendations as to language to use in the letters to the BMV/DMV., Post-Judgment License Suspensions, Insurance Subrogation, 2019
    • This episode of On Subrogation focuses on Pre-Suit License Suspensions, also called Administrative License Suspensions. The video discusses the various requirements that states have across the country to complete these suspensions. It also provides recommendations as to language to use in the letters to the BMV/DMV., Pre-suit License Suspensions, Insurance Subrogation, 2019
    • This episode of On Subrogation focuses on evaluating releases in subrogation claims. The video discusses what language to look for in order to protect the subrogating party and its insured/employee and preserve claims. It addresses issues unique to subrogation with clauses such as confidentiality and indemnification and hold harmless clauses. It provides potential solutions when disagreement over this language occurs, as well as a checklist of the types of language to review., Release Language in Subrogation Claims, Insurance Subrogation, 2018
    • This episode of On Subrogation focuses on the proper procedure to follow when a check for less than the full balance is received in subrogation claims. The video discusses the general rule requiring the return of the funds received within 90 days in order to proceed on the full balance. It also addresses reasoning behind the rule and possible arguments and exceptions., Depositing a Check for Less Than the Full Balance, Insurance Subrogation, 2018

    Educational Background:

    • Weatherhead School of Management at Case Western Reserve University, Certificate, Leadership Deep Dive, 2010
    • The Ohio State University, B.A. 1996

    Industry Groups

    • Insurance Subrogation Recovery
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    Office Location for Kimberly L. Rathbone

    1250 Granger Rd
    Cleveland, OH 44131

    Phone: 888-445-4759

    Fax: 216-623-0190

    Kimberly L. Rathbone:

    Last Updated: 9/29/2020

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