James R. Gallagher

James R. Gallagher

Attorney Profile

Top Rated Insurance Coverage Attorney in Columbus, OH

Gallagher, Gams, Tallan, Barnes & Littrell, L.L.P.
 | 471 E Broad St, 19th Floor
Columbus, OH 43215
Phone: 614-228-5151
Fax: 614-228-0032
Selected To Super Lawyers: 2012 - 2020
Licensed Since: 1981
Practice Areas:
  • Insurance Coverage (50%),
  • Personal Injury - General: Defense (30%),
  • Civil Litigation: Defense (20%)
Attorney Profile

JAMES R. GALLAGHER is a partner in the law firm of Gallagher, Gams, Tallan, Barnes & Littrell, L.L.P..  Jim has been peer review rated AV - "preeminent" by Martindale Hubbell for over 25 years. He maintains a statewide practice involving insurance coverage, bad faith, auto accident, bodily injury, wrongful death, commercial litigation and punitive damage claims.  He has represented clients as lead counsel in over 100 jury trials throughout Ohio in both state and federal courts.  He has also represented clients in over 150 state and federal appellate cases, including 25 cases decided by the Ohio Supreme Court.  Jim is a past President of two state bar organizations, the Ohio Chapter of the American Board of Trial Advocates (ABOTA) and the Ohio Association of Civil Trial Attorneys (OACTA).  He also served on the Board of Directors for OACTA and was Chair of the Insurance Coverage Committee for OACTA for eight years.  He has presented over 40 seminars on these issues for the Ohio Association of Civil Trial Attorneys, the American Board of Trial Advocates, the Ohio State Bar Association, the National Business Institute and others.

About James Gallagher

Admitted: 1981, Ohio

Professional Webpage: http://www.ggptl.com/lawyer/james-r-gallagher/

Honors/Awards:

  • The Excellence in Advocacy Award is a lifetime achievement type award designed to honor lawyers who have distinguished themselves over a number of years by their professionalism, intelligence, creativity, judgment, personality, sensitivity, civility, advocacy skills, community involvement, efforts to educate newer attorneys, and effective representation of their clients both in and outside of the courtroom., Excellence in Advocacy Award, Ohio Association of Civil Trial Attorneys (OACTA), 2014
  • Distinguished service award given for work done filing an Amicus Brief on behalf of OACTA in the Ohio Supreme Court in the case of Neal-Pettit v. Lahman., Distinguished Service Award, Ohio Association of Civil Trial Attorneys (OACTA), 2009
  • Award for contributing Ohio Supreme Court Amicus Brief in Advent v. Allstate Ins. Co. appeal on behalf of the Ohio Association of Civil Trial Attorneys in which the association's position prevailed, Distinguished Service Award, Ohio Association of Civil Trial Attorneys (OACTA), 2008
  • Award from Defense Research Institute for excellence in serving as President of a statewide civil defense bar association, i.e. the Ohio Association of Civil Trial Attorneys, President's Award, Defense Research Institute, 2005
  • Award presented for service to OACTA in serving as Insurance Coverage Committee Chair from 1995 through 2003., Distinguished Service Award, Ohio Association of Civil Trial Attorneys, 2003
  • Award presented to member exhibiting exceptional service to statewide civil defense bar association., Frank S. Hurd Member of the Year, Ohio Association of Civil Trial Attorneys (OACTA), 1999
  • Award given to attorney after nomination by attorney's legal secretary for professionalism in the work environment, Boss of the Year, Columbus Association of Legal Secretaries, 1999
  • Award given for law student receiving highest grade in field of study, American Jurisprudence Award - Evidence, American Jurisprudence, 1979

Special Licenses/Certifications:

  • Peer review rated AV by Martindale Hubbell (every year since 1994), 2019
  • Peer review rated AV - Preeminent by Martindale, Hubbell, (every year since 1994)., 2018
  • Peer review rated AV by Martindale Hubbell (every year since 1994), 2017
  • Peer review rated AV by Martindale Hubbell (every year since 1994), 2016
  • Peer review rated AV - Preeminent by Martindale Hubbell (every year since 1994), 2015

Bar/Professional Activity:

  • President, American Board of Trial Advocates (ABOTA), Ohio Chapter, 2013
  • President-Elect, American Board of Trial Advocates (ABOTA), Ohio Chapter, 2012
  • Selected by the Ohio State Bar Association to serve on the Ohio Justice Roundtable.  The Ohio Justice Roundtable is a body comprised of leaders of: the Ohio State Bar Association; the Ohio Judicial Conference; the Ohio Association of Civil Trial Attorneys; the Ohio Chapter of the American Board of Trial Advocates; and, the Ohio Association of Justice (formerly Ohio Academy of Trial Lawyers).  The purpose of the Ohio Justice Roundtable is to engage in activities directed at "preserving the role and integrity of the Ohio Judicial System through public policy and education.", 2012
  • Appointed as Ohio Association of Civil Trial Attorneys (OACTA) Liaison to the Defense Research Institute (DRI) Judicial Task Force 2012 to present.  The purpose of the task force is to identify, monitor, and respond to events that may constitute a threat to the independence of the judiciary nationwide., 2012
  • Secretary, American Board of Trial Advocates (ABOTA) Ohio Chapter, 2011
  • Co-Managing Partner of Gallagher, Gams, Pryor, Tallan & Littrell, L.L.P., 2006
  • President, Ohio Association of Civil Trial Attorneys (OACTA)., 2005
  • Vice President, Ohio Association of Civil Trial Attorneys (OACTA)., 2004
  • Secretary, Ohio Association of Civil Trial Attorneys (OACTA), 2003
  • Treasurer, Ohio Association of Civil Trial Attorneys (OACTA)., 2002
  • Board of Trustees, Ohio Association of Civil Trial Attorneys (OACTA) 1997-2002, 2002
  • Co-managing Partner, Hamilton, Kramer, Myers & Cheek, 1993
  • Ohio Delegate, Phi Alpha Delta International Legal Fraternity, Biennial National Convention, 1982
  • Insurance Coverage Committee Chair, Ohio Association of Civil Trial Attorneys 1995-2002
  • President, Phi Alpha Delta International Legal Fraternity, Ohio State University Law School Chapter, 1982
  • Alumni adviser to the Ohio State University Pre-Law Chapter of the Phi Alpha Delta International Legal Fraternity., 1984

Pro bono/Community Service:

  • Light the Night, Leukemia and Lymphoma Society annual fundraiser, 2009 - present
  • Knights of Columbus, 1989 - present
  • President, Sycamore Hills Residence Association, 1994

Scholarly Lectures/Writings:

  • Presented Closing Argument during mock jury trial seminar sponsored by ABOTA., Presenter - Demonstration of Closing Argument, Masters in Trial, A Trial Demonstration from Opening Statement to Jury Deliberations, 2018
  • Presented demonstration of direct examination of expert defense medical witness as part of the ABOTA "Masters in Trial" seminar., Presenter. Demonstration of direct examination of expert defense medical witness, Masters in Trial Seminar, American Board Of Trial Advocates - Ohio Chapter, 2017
  • Presented "The Development of Ohio Law Regarding Intentional Act Exclusions" for OACTA Insurance Coverage Seminar., Presenter at OACTA Insurance Coverage Seminar, "The Development of Ohio Law Regarding Intentional Act Exclusions", Ohio Association Of Civil Trial Attorneys, 2017
  • Presented segment of seminar dealing with special considerations for the trial attorney involving video depositions., Presenter, Trial Tactics Bootcamp, Ohio Association Of Civil Trial Attorneys (OACTA), 2013
  • Demonstration of trial techniques at ABOTA annual Masters In Trial seminar., Presenter at mock trial seminar sponsored by ABOTA, Masters In Trial Seminar, American Board of Trial Advocates (ABOTA), 2013
  • Discussion of national trend in establishing a procedure for Expedited Jury Trials, Presenter, Expedited Jury Trials, Columbus Bar Association, Common Pleas Court Committee, 2013
  • Insurance Law Update, Presenter, Insurance Coverage Seminar, Ohio Association Of Civil Trial Attorneys, 2012
  • Presentation at Annual Convention of the Ohio State Bar Association on significant Developments in Insurance Law., Lecturer, Developments in Insurance Law, Ohio State Bar Association, 2010
  • Presentation regarding recent decisions by the Ohio Supreme Court dealing with insurance coverage issues and update as to appeals now pending before the court., Presenter, Insurance Case Law Update, Columbus, CPCU Society, Ohio Chapter, 2011
  • Presentation of how to Craft and Deliver a Powerful Opening Statement at annual ABOTA Masters In Trial Seminar., Presenter, Crafting and Delivering a Powerful Opening Statement, American Board Of Trial Advocates (ABOTA), 2010
  • Presention of portion of trial tactics seminar dealing with considerations for preparing and delivering an effective opening statement to a jury, Presenter, Effective Opening Statements, Ohio Association Of Civil Trial Attorneys (OACTA), 2009
  • Presented panel discussion of recent significant decisions rendered by or pending before the Ohio Supreme Court as well as OACTA's participation in these appeals. , Panel Member, "When You Need A Friend, OACTA Is There: Panel Discussion of 2009 OACTA Amicus Curiae Program and Review of Recent Supreme Court of Ohio Decisions and Pending Cases", Ohio Association of Civil Trial Attorneys (OACTA), 2009
  • Presentation of procedural and substantive issues to consider when a case is appealed, Lecturer, So You Won (or Lost), What Next? Appellate Seminar, NALS Of Ohio, 2008
  • Demonstrated how to conduct an effective direct examination of a defense expert medical witness in a mock trial type seminar, Presenter, Masters in Trial, A Trial Demonstration from Opening Statement to Jury Deliberations, American Board Of Trial Advocates (ABOTA), 2008
  • Presentation of recent $6 million verdict and how recently enacted tort reform measures will operate to reduce/limit recovery on the verdict, Presenter, Tort Reform and The Run Away Verdict, Columbus Ohio CPCU Society, 2008
  • Presentation at 2007 DRI Regional Meeting on how to lead a statewide defense bar association, Presenter, Perspectives on How to Run a State Defense Organization, Defense Research Institute (DRI), 2007
  • Presentation at 2007 OACTA annual conference regarding trends in UM/UIM law, Presenter, Ohio Association Of Civil Trial Attorneys (OACTA), 2007
  • Presentation at Ohio State Bar Association Annual Convention regarding developments in insurance and negligence law, Lecturer, Insurance/Negligence Law Update, Ohio State Bar Association, 2006
  • Presention of immunities, defenses and miscellaneous other newly enacted tort reform provisions at OACTA Tort Reform Symposium, Lecturer, Take a Walk: New Immunities, Defenses & Other Tort Reform Leftovers, Ohio Association Of Civil Trial Attorneys, 2005
  • Presentation of developments in statutory and case law regarding uninsured motorist coverage and other insurance coverages, Lecturer, Insurance Coverage/UM Update, Ohio Association Of Civil Trial Attorneys (OACTA), 2004
  • Presentation of statutory and case law developments regarding insurance coverage issues at OACTA Insurance Coverage Symposium, Lecturer, It Ain't Over Until the Court Sings, an Update on Recent Developments in UM/UIM Law, Ohio Association Of Civil Trial Attorneys (OACTA), 2003
  • Presentation of developments in Ohio law regarding the Ohio Supreme Court "Scott-Pontzer" decision at OACTA Summer Conference, Presenter, UM -"Scott-Pontzer" Update, Ohio Association Of Civil Trial Attorneys, 2002
  • Presentation of impact of "Scott-Pontzer" and "Linko" decisions at Insurance Institute of Indiana, 2002 Defense Seminar, Presenter, UM/UIM Coverage - The Ohio Supreme Court Rulings. The Impact of the Scott-Pontzer and Linko cases, Insurance Institute Of Indiana, 2002
  • Presentation of practice strategies to prevent malpractice given the rapid developments in tort and insurance law at 2002 Ohio State Bar Association Annual Convention, Lecturer, Practice Strategies to Prevent Malpractice, Ohio State Bar Association, 2002
  • Presentation of developments and trends in Ohio insurance law, Presenter, Insurance Law in Ohio, Lorman Educational Services, 2002
  • Presentation of statutory and case law trends and developments regarding insurance coverage issues , Lecturer, Insurance Law Update - Case Law Summary, Ohio Association Of Civil Trial Attorneys (OACTA), 2001
  • Presentation of statutory and caselaw update regarding uninsured motorist coverage in Ohio, Lecturer, Uninsured and Underinsured Motorist Law in Ohio, National Business Institute (NBI), 2000
  • Presentation of trends and developments in insurance law at 2000 OACTA Spring Meeting, Lecturer, Insurance Law Update, Ohio Association Of Civil Trial Attorneys (OACTA), 2000
  • Presentation of trends and developments in insurance law in Ohio at 1998 OACTA Spring Meeting, Lecturer, UM Update , Ohio Association Of Civil Trial Attorneys (OACTA), 1998
  • Participation in panel discussion regarding trends in bad faith litigation in Ohio at OACTA 1998 Spring Meeting, Panelist, Panel Discussion Regarding Bad Faith Litigation, Ohio Association Of Civil Trial Attorneys (OACTA), 1998
  • Presentation of trends and developments in insurance law in Ohio, Lecturer, Insurance Law Update, Ohio CLE Institute, 1998

Verdicts/Settlements:

  • Prevailed at the trial court and appellate court levels on coverage dispute involving enforcement of 3 year contractual limitations clause., 2017
  • Successfully assisted representing insurer in Ohio Supreme Court appeal finding no liability for a $3.2 million judgment for which the insured sought coverage., 2016
  • Prevailed in court of appeals case involving $1 million in umbrella coverage available for the wrongful death of an insured., 2016
  • Prevailed at trial and the appellate level in case involving whether uninsured motorist coverage would apply to injuries allegedly sustained when an insured struck a pedestrian on the freeway and was injured by the deceased pedestrian's body coming through the windshield., 2016
  • Successfully convinced the Ohio Supreme Court to hear appeal involving horse trainer unlawfully accused of violating the banned substance rules of the Ohio Racing Commission following which time the Racing Commission entered into an agreement withdrawing all charges, fines and penalties in exchange for a dismissal of the appeal. , 2016
  • Defended jury trial wherein the treating physician claimed the plaintiff needed injections of human growth hormone for life with a projected cost of over $500,000.  Jury awarded $0 for such treatments.   , 2014
  • Successfully defended jury trial involving an underinsured motorist coverage value dispute with claims of bad faith stemming from valuation.  Verdict returned for less than last offer., 2014
  • Successfully obtained appellate decision affirming summary judgment rendered in favor of State Farm Mutual Automobile Insurance Company in case involving bad faith and punitive damage allegations.  Kelley claimed injuries including a fractured hip when an unidentified motorist allegedly caused her to fall in a parking lot.  She sued for the $100,000 limit of her uninsured motorist coverage and the $25,000 limit of her medical payments coverage.  Summary judgment had been awarded to State Farm on the basis that Kelley violated certain terms of her policy.   , 2013
  • Successfully obtained appellate decision affirming summary judgment rendered in favor of State Farm Mutual Automobile Insurance Company on issues of bad faith and punitive damages.  Jenkins had claimed that State Farm breached its duty of good faith in its adjustment of his property damage claim for his custom 100 year anniversary Harley Davidson motorcycle. , 2013
  • Successfully defended Huff in jury trial.  Huff was accused of being an intoxicated driver who failed to control a vehicle travelling 80 mph down I-71, causing it to lose control and eject all three occupants of vehicle.  Verdict was that Huff was not driver.  Jury determined that Plaintiff Donato was driver and Donato was 100% responsible for Huff's injuries and damages.  Donata ultimately settled with Huff for his injury claim., 2012
  • Successfully obtained appellate decision upholding a summary judgment rendered in favor of American Family Insurance Company in a suit alleging bad faith, punitive damages and fraudulent misrepresentation involving denial of coverage for a $1,014,186 wrongful death jury verdict., 2012
  • Defended jury trial involving claimed foot and back injuries as a result of the negligence of an underinsured motorist.  Damages of $143,882 awarded for back injury, inclusive of the amounts already paid by the liability insurer.  Bad faith/punitive damage claim dismissed following damages trial, 2012
  • Obtained defense verdict in jury trial involving uninsured motorist coverage and bad faith/punitive damage claim.  Khoury was on a motorcycle and claimed uninsured motorist Morin pulled out from an intersection into his path.  Khoury sustained neck, back and leg injuries in accident.  State Farm claimed Khoury was solely at fault for excessive speed.  Case tried to a jury.  Defense verdict in favor of State Farm.  Khoury held 100% at fault for accident, 2011
  • Participated in Ohio Supeme Court appeal on behalf of the Ohio Association of Civil Trial Attorneys (OACTA) addressing insurance coverage for attorneys fees awarded in punitive damages case.  Court ruled: "Attorney fees are distinct from punitive damages, and public policy does not prevent an insurance company from covering attorney fees on behalf of an insured when they are awarded solely as a result of an award for punitive damages", 2010
  • Successfully obtained appellate decision affirming a judgment earlier obtained in client's favor.  The appellate court ruled that, in an instance where a city vehicle caused injury to a State Farm insured, it was the city's responsibility to cover those damages.  The city of Toledo had earlier denied any responsibility, alleging State Farm ought to pay the damages the city employee caused under the UM coverage of the policy.  The City was ordered to pay restitution to State Farm., 2010
  • Successfully obtained decision in the Ohio Supreme Court involving declaratory judgment, bad faith and punitive damages action filed against State Farm for taking the position that medical expenses paid under the medical payments coverage portion of the policy could not be duplicated under the uninsured motorist coverage portion of the same policy.  Citing to a companion case decided at the same time: "We answer in the affirmative and hold that R.C. 3937.18(I), as amended by SB. 97, permits an insurer to limit coverage so as to preclude payment pursuant to UM/UIM coverage for medical expenses that have previously been paid or are payable under the medical payment coverage in the same policy.", 2010
  • Shenyey v. Glasgow, 2009 Ohio 1366, Cuyahoga App. No. 91713.  Declaratory judgment, bad faith and punitive damages action filed against State Farm for taking the position that medical expenses paid under the medical payments coverage portion of the policy could not be duplicated under the uninsured motorist coverage portion of the same policy.  Successfully obtained appellate court Ohio decision on behalf of State Farm which distinguished three prior Ohio Supreme Court decisions prohibiting insurers from taking this position and ruled for the first time in Ohio that insurers were now entitled to do so., 2010
  • Successfully obtained declaratory judgment in Federal District Court on behalf of Hageman against Metropolitan Property and Casualty Company requiring the insurer to defend and indemnify Hageman for claims asserted against him.  A trailer, carrying a car, was attached to a pickup truck operated by Hageman. The trailer became separated from the pickup truck, went left of center and collided with an oncoming vehicle causing serious bodily injury to the occupants. Metropolitan had denied coverage in part because the trailer was no longer being "towed" as required by the policy as it was careening out of control., 2010
  • Successfully represented insurer in appellate case finding that "Under Ohio's Financial Responsibility Act, an automobile liability insurance policy need not provide coverage for permissive users of an insured vehicle, when the insured is not required to have a certified policy as a result of a prior failure to verify proof of financial responsibility under R.C. 4509.101(A)(3)", 2009
  • Defended insurer in week long jury trial for Underinsured Motorist Coverage Benefits, bad faith and punitive damages.  Case bifurcated and tried solely on the issue of damages.  Case settled following the verdict and the bad faith claims were dismissed. Stith v. McCurdy, Hamilton Cty Common Pleas No. A0711102.  , 2009
  • Successfully represented insurer before Ohio Supreme Court as an amicus and obtained a decision finding that insurers could define who was an insured under their UM policies to exclude persons who were insured under their own personal policies of insurance.  The Supreme Court held: "This certified conflict from the Twelfth District Court of Appeals asks us to decide whether an insurance policy definition is ambiguous and thus properly construed against the insurer. The term 'insured' is defined as including '[a]ny other person occupying your covered auto who is not a named insured or insured family member for uninsured motorists coverage under another policy.' We hold that this definition of 'insured' is not ambiguous.", 2008
  • Successfully represented OACTA in Ohio Supreme Court appeal.  The issue in this wrongful death case was a broad one as to whether an insurer was authorized to incorporate new legislation into an existing insurance policy at the time of a six month renewal when the renewal occurred within a two year guarantee period mandated by law.  If so, Allstate owed nothing.  If not, Allstate owed $200,000.  The court ruled insurers could take advantage of newly enacted legislation at the time of policy renewals., 2008
  • Successfully defended jury trial regarding claim the client's construction has spoiled her view on South Bass Island, that client had trespassed and that he had threatened her.  The jury was empanelled and Plaintiff's counsel presented an opening statement.  Moved for a directed verdict on all claims asserted against Reuter after the opening statement which was granted by the trial judge.  The case against Reuter was dismissed in its entirety., 2008
  • Moroney v. Annis, 88 Ohio St.3d 506  Successfully represented insurer before the Ohio Supreme Court in case addressing the issue of when statutory law enacted after the policy's issuance, are incorporated into any renewal of such policy if the renewal represents a new contract of insurance separate from the initial policy.  , 2000
  • Yearling v. State Farm Ins. Co., 76 Ohio App. 3d 559, 1992
  • Howard v. John Doe, U.S. Federal District Court Case No. 2:05-CV-0481, (Southern District of Ohio).  Successfully obtained a defense verdict in favor of State Farm as to the Uninsured Motorist Coverage Claims.  The two plaintiffs were occupying a Ford Explorer on Interstate 70 when a phantom driver cut in front of their vehicle.  The Plaintiffs' vehicle lost control, traveled off the road and then rolled several times.  Plaintiff Lang claimed a shoulder injury which ruined his opportunity to obtain college football scholarships.  Plaintiff White claimed a closed head injury resulting in migraine headaches, asthma attacks and panic attacks.  State Farm admitted liability for the phantom motorist's negligence and defended the case on damages.  The jury returned a defense verdict finding the Plaintiffs had failed to prove they were injured in the accident. , 2007
  • Meece v. Am. & Foreign Ins. Co., 2003 Ohio 6504, Hamilton App. Nos. C-030088, C-020818, 2003 Ohio App. LEXIS 5807.  Successfully represented State Farm Mutual Automobile Insurance Company in appeal determining whether multiple policies issued to Meece could be stacked.  Meece claimed three policies containing $250,000 applied.  State Farm claimed only one policy with a $100,000 applied.  The appellate court reversed the trial court judgment which had been rendered against State Farm. , 2003
  • Steinbach v. State Farm Mut. Auto. Ins. Co., Licking App. No. 99CA00064, 2000 Ohio App. LEXIS 2163.  Successfully defended State Farm in appeal urging that the policy language which precluded the stacking of coverages was ambiguous and unenforceable.  The plaintiffs had recovered $100,000 from the tortfeasor.  They had two policies of Underinsured Motorist Coverage they had purchased from State Farm, each with limits of $100,000/$300,000.  The Plaintiffs urged that they were entitled to stack the two policies and were entitled to $200,000 in additional coverage as a result of doing so.  The court of appeals found that State Farm's anti-stacking, set off and consolidation clauses were clear, unambiguous and enforceable.  The Plaintiffs were not entitled to any recovery from State Farm., 2000
  • Rupert v. State Farm Mut. Auto. Ins. Co., Wood App. No. WD-95-103, 1996 Ohio App. LEXIS 4503.  The insured negligently caused the wrongful death of his wife.  The appeal concerns whether the insured's negligence bars his recovery of wrongful death benefits, whether a "household exclusion" in the policy barred any coverage for the accident and whether a common pleas court has jurisdiction to individually assess the wrongful death damages sustained by multiple surviving next of kin., 1996
  • State Farm Mutual Automobile Insurance Company v. Reinhart, Seneca App. No.s 13-93-37, 13-93-38, 1994 Ohio App. LEXIS 3765.  Successfully represented State Farm in appeal concerning whether the insurer had acted in bad faith in its adjustment of the policyholder's wrongful death claims and the standard to be applied to the insurer's conduct in a case alleging bad faith., 1994
  • Cain v. Johnston, Fairfield Cty Common Pleas Case No. 2002CV00536.  Successfully defended Johnston in jury trial alleging that his Belgian Draft horse had kicked the Plaintiff directly in the face at the Fairfield County Fair causing her horrific bodily injury, disfigurement, pain and suffering.  Obtained defense verdict on behalf of Johnston based upon the argument that the Plaintiff had come up suddenly behind the horse, startling it, and causing it to unexpectedly kick.  Under those circumstances, the Ohio Equine Immunity law gave Johnston immunity from suit.  , 2005
  • Justice v. State Farm Ins. Co., 145 Ohio App.3d 359  Successfully defended appeal involving wrongful death case.  The court of appeals affirmed the trial court's finding that Ohio law permitted an insurer to consolidate all the claims which arose out of a single death into a single claim under the single limits, if the policy language was clear and unambiguous.  The trial court had properly found the policy to be clear and unambiguous.  Since the insurer had already paid the limits of its liability for the per-person amount, the Plaintiffs were not entitled to collect further from the insurer., 2000
  • Ross v. Nationwide Mut. Ins. Co., 63 Ohio St.3d 33  Represented State Farm in appeal before the Ohio Supreme Court addressing the issue of whether a person could recover under their own automobile insurance policy for the wrongful death of a non-resident relative., 1992
  • Phillips v. Grange Mut. Cas. Co., 2007 Ohio 5529, Scioto App. No. 07CA3150.  Successfully obtained a decision from the appellate court on behalf of Grange Mutual Casualty Company reversing the judgment of the trial court in this wrongful death case.  The decedent was killed while riding a motorcycle he owned, but did not insure under the Grange policy.  The Grange policy contained an exclusion for the operation of motor vehicles owned by the insured, but not insured under the particular policy.  The administrator argued the motorcycle did not qualify as a motor vehicle for purposes of the exclusion and that the exclusion was invalid as written.  The appellate court ruled no coverage was available under the policy for the wrongful death., 2007
  • Goodman v. Grange Mut. Cas. Co., 2002 Ohio 6971, Franklin App. No. 02AP-198, 2002 Ohio App. LEXIS 6780.  Successfully represented Grange Mutual Casualty Company in appeal regarding whether plaintiff was entitled to recover diminished value of automobile following an accident related repair.  The court agreed the plaintiff was not entitled to such damages because the applicable Kentucky law did not recognize such claims., 2002
  • Stephenson v. Grange Mut. Cas. Co., Franklin App. No. 98AP-1596, 1999 Ohio App. LEXIS 5155.  Successfully defended Grange Mutual Casualty Company in appeal involving wrongful death.  The decedent's widow filed suit against Grange seeking a declaration that decedent's policy's provision purporting to consolidate all claims arising out of any one person's wrongful death to the single per-person limit violated the "right to a remedy" provision of Ohio Const. art. I, § 16 and the prohibition against limiting damages for wrongful death in OhioConst. art. I, § 19a.  The Court of Appeals agreed the policy provisions did not violate these Constitutional provisions., 1999
  • Obtained $1 million verdict in breach of warranty case involving a sawmill.  Bobb Forest Products v. Morbark Industries Inc. Belmont Cty Common Pleas Case No. 97CV143.  Bobb Forest Products had bought a sawmill from Morbark Industries Inc. which was defective and would not cut straight.  Bobb Forest Products suffered enormous economic losses during a calendar year in which Morbark was unable to repair the saw so it would cut straight wood.  Morbark denied any defect associated with the saw it had sold and claimed Bobb's remedy was solely to allow Morbark to attempt to repair. , 2001
  • Littrell v. Wigglesworth, 91 Ohio St. 3d 425.  Successfully represented insurer in appeal before the Ohio Supreme Court involving a wrongful death.  The appeal addressed the manner in which the appropriate setoff should be calculated for payments made by the liability insurer.  The Supreme Court ruled: For the purpose of setoff, the "amounts available for payment" language in R.C. 3937.18(A)(2) means the amounts actually accessible to and recoverable by an underinsured motorist claimant from all bodily injury liability bonds and insurance policies (including from the tortfeasor's liability carrier). Clark v. Scarpelli (2001), 91 Ohio St. 3d 271, 744 N.E.2d 719, followed and applied. , 2001
  • Peake v. State Farm Mut. Auto. Insurance Company, Franklin Cty Common Pleas Case No. 92CVC04-3135.  Successfully defended State Farm in jury trial involving a claim for Uninsured Motorist Coverage by the Plaintiff.  Peake claimed to have sustained severe and permanent neck and back injuries when the public bus he was riding in was struck by an uninsured motorist.  Evidence was produced at trial that Peake had been sitting in the back of the bus, but threw himself down the front stairs after the accident so as to claim injury.  Case settled during trial for a minimal payment., 1993
  • Balatgek v. State Farm Mut. Auto. Ins. Co., 82 Ohio St.3d 384.  Represented insurer in appeal before the Ohio Supreme Court addressing the issue of whether there is a constitutional right to a remedy and when the newly enacted S.B. 20 amendment of R. C. 3937.18 would apply to a then existing insurance policy., 1998
  • Cincinnati Ins. Co. vs. Phillips, 44 Ohio St.3d 163  Represented State Farm Mutual Automobile Insurance Company in appeal before the Ohio Supreme Court addressing the issue of whether a separate "each person" limit of liability coverage was required to be extended for the survivor claim as well as the wrongful death claim in a wrongful death case.  The court further interpreted the Thompson v. Skolnik decision on this appeal., 1989
  • Gray v. Grange Mut. Cas. Co., 2006 Ohio 6370,  Franklin App. No. 05AP-1199, 2006 Ohio App. LEXIS 6329  Represented Grange before the appellate court in wrongful death action arising out of an automobile accident.  It was alleged that the victim was not fatally injured in the accident, but was killed as a result of the negligence of the hospital and the physicians that had first treated him.  The estate settled with the tortfeasor and the medical providers for $522,500 then brought suit against Grange for additional coverage.  The trial court had ruled Grange was entitled to set off the monies paid for the malpractice action from the limits of the automobile policy so that no additional coverage was owed. , 2006
  • Moroney v. State Farm Mut. Auto. Ins. Co., 2002 Ohio 3829, Richland App. No. 01CA99, 2002 Ohio App. LEXIS 3918.  Successfully defended State Farm in appeal raising the issue of whether Ohio law ought to be extended to allow a parent to recover loss of consortium damages arising from the injury to an adult child.  The court declined to extend Ohio law and ruled the father of the injured son was not entitled to assert a claim for damages., 2002
  • Rogers v. State Farm Mut. Auto. Ins. Co., Butler App. No. CA98-10-215, 1999 Ohio App. LEXIS 3270.  Represented State Farm in appeal before the appellate court addressing the issue of whether insurers could lawfully consolidate all claims arising from a single wrongful death into a single "each person" limit of coverage.  Multiple insurance claims had been asserted by the decedent's surviving wife and daughter.  The court further ruled upon when newly enacted statutory provisions authorizing insurers to include restrictive provisions become applicable to an already existing policy of insurance., 1999
  • Jeska v. State Farm Fire & Casualty Co., Erie Cty Common Pleas Case No. 96-CV-408.  Defended State Farm in jury trial in which Jeska was seeking Uninsured Motorist Coverage benefits for injuries arising out of a horrific auto accident.  A stop sign at the intersection of two state highways had been run over by a semi truck.  The driver of the Jeska vehicle did not stop and pulled directly into the path of an oncoming vehicle.  Liability was conceded.  Verdict for Jeska in the amount of $300,000., 1996
  • Koon v. Hoskins, 1993 Ohio App. LEXIS 5290 (Franklin County)  Action against ODOT for negligence and creating a nuisance in the manner in which a roadway and signage on the roadway was maintained.  On appeal the court held that the decision to install an advisory speed sign was discretionary and ODOT could not be held liable for the absence of an advisory speed sign. The court also held that although the roadway would have been safer if drivers were required to go less than 55 miles per hour or if the dip in the road were removed, the conditions did not rise to the level of a nuisance., 1993
  • Fulmer v. Insura Prop. & Cas. Co., 94 Ohio St.3d 85  Represented the Ohio Association of Civil Trial Attorneys before the Ohio Supreme Court in appeal addressing the issue of what must be done to adequately "exhaust" the available liability insurance in order to trigger the application of Underinsured Motorist Coverage. , 2002
  • Owens v. State Farm Mut. Auto Ins. Co., 112 Ohio App. 3d 200, 1996
  • Muirfield v. State Farm Ins. Co., 22 Ohio St.3d 54.  Successfully represented insurer before the Ohio Supreme Court on issue of whether the "other owned vehicle" exclusion in an automobile policy was enforceable under Ohio law.  The Supreme Court reversed the lower appellate court's decision on this issue and held such an exclusion was enforceable under Ohio law., 1986
  • Brinkman v. State Farm Mut. Auto. Ins. Co., 2006 Ohio 727, Lucas App. No. L-05-1224, 2006 Ohio App. LEXIS 647.  Successfully defended State Farm in appeal regarding a claim for Underinsured Motorist (UIM) Coverage The UIM case was filed 15 years after the accident at issue and 12 years after the injured person accepted the policy limits of the tortfeasor's insurer. The trial court found that the action was time barred. The injured person claimed that several controlling policy provisions were ambiguous and unenforceable. The injured person asserted that the policy's UIM provisions were ambiguous and unenforceable when read in conjunction with the exhaustion of remedies clause that stated that there was no liability coverage until the limits of liability of all bodily injury bonds and policies were exhausted. The appellate court found that the injured person offered no plausible or compelling explanation that served as a legal basis to invalidate or extend the two-year statute of limitations contained in the policy. The disputed language of the policy was clear and unambiguous., 2006
  • Mejia v. Heimsch, Butler App. No. CA2000-12-242, 2001 Ohio App. LEXIS 2831.  Successfully defended State Farm in appeal involving the wrongful death of the insureds' daughter who had been killed while riding a bicycle.  The policy at issue was issued in California.  The appellate court ruled that California law applied as per the choice of law provisions in Ohio.  As per California law, State Farm could limit all claims arising from the death to a single limit of Underinsured Motorist Coverage.  Applying the setoff for the $125,000 paid to date, the court ruled no additional UIM benefits were available from Staet Farm. , 2001
  • Holcomb v. State Farm Ins. Cos., Franklin App. No. 98AP-353, 1998 Ohio App. LEXIS 6260. , 1998
  • Daugherty v. Wagner, Fairfield Cty Common Pleas Case No. 91-CV-FB-0067.  Successfully defended Wagner in a jury trial in which it was alleged that she had rear ended Daugherty and caused him significant bodily injury.  Daugherty was claiming $100,000 in damages.  At trial, Wagner admitted striking Daugherty in the rear, but claimed it was his fault for stopping over the crest of a roadway.  Defense verdict rendered in favor of Wagner by the jury., 1991
  • Rose v. Haubner, 1997 Ohio App. LEXIS 2430, Franklin App. No. 96APE11-1488, No. 96APE11-1489, No. 96APE11-1490, No. 96APE11-1606, No. 96APE11-1607, No. 96APE11-1608 (June 5, 1997)  Appeal concerned issue of under what circumstances a police offier would be entitled to immunity under Ohio Rev. Code §§ 2744.02(B)(1), 2744.03(A)(6), that provide immunity to officers engaged in an emergency call, absent reckless conduct.  The officer had crashed into the Plaintiff's vehicle during a high speed chase., 1997
  • Davis v. State Farm Mut. Auto. Ins. Co., 92 Ohio St.3d 212.  Successfully represented insurer before the Ohio Supreme Court in case addressing the manner in which insurers may set off amounts paid by tortfeasors from the limits of Underinsured Motorist Coverage and whether such policies may be stacked., 2001
  • Newman v. United Ohio Ins. Co., 68 Ohio St.3d 170  Represented the Ohio Association of Civil Trial Attorneys in this appeal before the Ohio Supreme Court.  The issue in this wrongful death case was whether insurers could limit all wrongful death claims arising from a single death to a single "each person" limit of underinsured motorist coverage, whether insurance policies could be stacked and the manner in which a setoff is applied for payments made by the liability insurer., 1994
  • Bebout v. Tindall, 2004 Ohio 3936, Franklin App. No. 03AP-1031, 2004 Ohio App. LEXIS 3565.  Appeal denied by Bebout v. Tindall, 2004 Ohio 6585, 2004 Ohio LEXIS 2979 (Ohio, Dec. 15, 2004)  Successfully represented Grange Mutual Casualty Company in wrongful death action.  In UM/UIM claim after a pedestrian's death, each policy's language clearly and unambiguously limited the insurer's liability to the "each person" limit of $100,000 for all claims arising out of the decedent's death. Stacking was properly refused.  The court held no Underinsured Motorist Coverage was available since the decedent's estate had recovered $100,000 from the tortfeasor's laibility coverage., 2004
  • Drake-Lassie v. State Farm Mut. Auto. Ins. Cos., Franklin App. No. 00AP-841, 2000 Ohio App. LEXIS 5950., 2000
  • Mack v. Allstate Ins. Co., Butler App. No. CA96-12-261, 1997 Ohio App. LEXIS 2979., 1997
  • Burwell v. American Edwards Laboratories, Franklin County Common Pleas Case No. 84CV11-6327.  Represented Burwell in a three week jury trial in which Burwell asserted a product liability and punitive damage claim against the manufacturer of his artificial heart valve, American Edwards Laboratories.  Burwell alleged that American Edwards knew about a defective crimp used in the manufacturing process and concealed the defect from the public.  Burwell was required to have open heart surgery to remove and replace the allegedly defective valve.  Despite Burwell's request that the valve be produced for inspection and testing, the removed heart valve was never produced for inspection and no explanation was given for its whereabouts following surgery.  Defense verdict rendered for American Edwards.   , 1987
  • Myers v. Grange Mutual Casualty Company, Franklin Cty Common Pleas Case No. 95CVH-06-4103.  Successfully defended Grange in jury trial alleging Grange had acted fraudulently in the manner in which it had cancelled Myers' automobile insurance policy.  Contractual damages, punitive damages and attorney fees were sought.  Defense verdict for Grange finding no fraud had occurred. , 1997
  • Stephenson v. Grange Mut. Cas. Co., 88 Ohio St.3d 1241  Grange had previously prevailed before the lower appellate court in this case involving wrongful death.  The decedent's widow filed suit against Grange seeking a declaration that decedent's policy's provision purporting to consolidate all claims arising out of any one person's wrongful death to the single per-person limit violated the "right to a remedy" provision of Ohio Const. art. I, § 16 and the prohibition against limiting damages for wrongful death in OhioConst. art. I, § 19a.  The Court of Appeals agreed the policy provisions did not violate these Constitutional provisions.  The widow appealed.  After briefing the issue, the Ohio Supreme Court dismissed the appeal as being improvidently allowed, allowing the favorable lower appellate decision to remain in effect., 2000
  • Garlikov v. Continental Casualty Co., 68 Ohio St. 3d 91  Represented insurer before the Ohio Supreme Court on question certified by U.S. District Court for the Eastern District of Pennsylvania on the issue of whether the $250,000 "each person" limit or the $500,000 "each accident" limit of insurance coverage applied in the case of a single wrongful death.  The insured's son had been killed in an auto accident., 1993
  • Dickerson v. State Farm Mut. Auto. Ins. Co., 2003 Ohio 6704, Defiance App. No. 4-03-12, 2003 Ohio App. LEXIS 6073.  Represented State Farm in case involving a double wrongful death of a brother and sister.  State Farm issued an auto policy to the mother which included Underinsured Motorist (UIM) coverage, and also included a named driver exclusion specifically excluding all coverage for any loss caused by the mother's daughter. Both the mother's son and her daughter were killed in the accident. In the accident, the daughter was driving the car and the son was a passenger. The mother sought recovery for the wrongful death of her son.  State farm denied coverage based on the exclusion.  The Court of Appeals held that the Named Driver Exclusion could not be enforced under the version of the Uninsured Motorist Coverage statute then in effect., 2003
  • Wallar v. Randolph, 2000 Ohio 1715, Crawford App. No. 3-2000-08, 2000 Ohio App. LEXIS 3051.  Successfully defended State Farm in survivor/wrongful death claim for Underinsured Motorist Coverage.  The issue was how to calculate setoff for amounts individually paid to the surviving family members.  Successfully argued State Farm was entitled to set off the amount collectively recovered by the entire family.  The court ruled that nothing is available for payment under the underinsured motorist provision of the policy because the party liable forthe injury, Randolph, paid $ 1 million in damages for a single bodily injury and all claims arising therefrom thus requiring set off of the entire amount available for payment under the State Farm  policy.  , 2000
  • Painter v. State Auto Ins. Co., Franklin App. No. 95APE12-1558, 1996 Ohio App. LEXIS 4789.  Successfully represented the Painter family in this wrongful death action in which they argued that the full "each accident" limit of their $500,000 uninsured motorist coverage insurance policy applied to their death claims.  The insurer had previously paid $500,000 under the liability coverage of the same policy to resolve other injury claims arising from the same accident.  Convinced the appellate court to reverse a prior ruling in this same case and to order the insurer to extend coverage., 1996
  • State Farm Mutual Automobile Insurance Company v. Reinhart, Seneca Cty Common Pleas No. 13-96-21 and 13-96-22.  Successfully represented State Farm in week long bench trial addressing the issue of whether it had acted in bad faith in its adjustment of the wrongful death claims asserted by the Reinharts as a result of the death of their son.  Judgment rendered that State Farm had not acted in bad faith. , 1993
  • Schneider v. State Farm Mut. Auto. Ins. Co., Sandusky Cty Common Pleas No. 94CV583.  Defended insurer in jury trial involving a claim for Uninsured Motorist Coverage Benefits.  Successfully obtained defense verdict on issue of liability precluding any recovery., 1995
  • Karr v. Borchardt, 88 Ohio St.3d 535 Successfully represented insurer in appeal before the Ohio Supreme Court involving a wrongful death.  The appeal addressed the manner in which the appropriate setoff should be calculated for payments made by the liability insurer.  Note, this appeal was originally rejected, but the Ohio Supreme Court reconsidered, consolidated and ultimately decided it as part of the Littrell v Wigglesworth decision, 91 Ohio St. 3d 425., 2000
  • West American Ins. Co. v. Dutt, 70 Ohio App.3d 422, 1992
  • Waters v. George, 2003 Ohio 2093, Athens App. No. 02CA36, 2003 Ohio App. LEXIS 1975.  Successfully defended State Farm before the Court of Appeals in action where the trial court had ruled the commercial general liability (CGL) policy issued by State Farm  did not provide uninsured/underinsured motorist coverage to the Waters by operation of law. The Waters had recovered $500,000 for injuries arising from an auto accident and were attempting to further recover under a $1 million CGL policy issued by State Farm.  The appellate court concluded that State Farm's CGL policy is a motor vehicle policy and thus, State Farm was required to offer ninsured/underinsured motorist coverage. Because State Farm  did not offer uninsured/underinsured motorist coverage, it exists by operation of law. However, we conclude that the Waters are not entitled to underinsured motorist coverage because they are not "insureds" under the CGL policy., 2003
  • Gary v. Gaulin, Putnam App. No. 12-99-12, 2000 Ohio App. LEXIS 366.  Successfully defended State Farm in appeal asserting constitutional challenge to provisions of R.C. 3937.18. , 2000
  • Littrell v. Wigglesworth, 91 Ohio St. 3d 425.  Successfully represented insurer in appeal before the Ohio Supreme Court involving a wrongful death.  The appeal addressed the manner in which the appropriate setoff should be calculated for payments made by the liability insurer.  The Supreme Court ruled: For the purpose of setoff, the "amounts available for payment" language in R.C. 3937.18(A)(2) means the amounts actually accessible to and recoverable by an underinsured motorist claimant from all bodily injury liability bonds and insurance policies (including from the tortfeasor's liability carrier). Clark v. Scarpelli (2001), 91 Ohio St. 3d 271, 744 N.E.2d 719, followed and applied. , 2001
  • Stewart v. State Farm Ins. Co., Licking Cty Common Pleas Case No.  91CV899766.  Successfully defended State Farm in action for $100,000 in insurance benefits sought by Stewart in jury trial.  The parties stipulated liability and damages.  The sole issue remaining for dispute was a factual one relative to whether an endorsement had been issued on the policy in question.  The jury determined the Plaintiff failed to prove the endorsement had not been sent., 1992
  • Alrjub v. Wheeler, 88 Ohio St.3d 544.  Represented insurer before the Ohio Supreme Court in wrongful death case addressing the issue of when statutory law enacted after the policy's issuance, are incorporated into any renewal of such policy if the renewal represents a new contract of insurance separate from the initial policy., 2000
  • Tomlinson v. Skolnik, 44 Ohio St. 3d 111.  Successfully represented State Farm in appeal pending before the Ohio Supreme Court addressing the issue of whether an insurer could limit all claims for arising from a single bodily injury to a single "each person" limit of liability coverage.  The court ruled that no additional coverage limits were available for consortium claims asserted as a result of a spouse's bodily injury., 1989
  • Camp v. State Farm Ins. Co., 2007 Ohio 234, Franklin App. No. 06AP-424, 2007 Ohio App. LEXIS 214  Successfully obtained a reversal of the trial court decision which had found the Underinsured Motorist Coverage of Camp's policy applied in this wrongful death action.  The court found that State Farm was entitled to set off the moneys already recovered from the liability insurer thus negating any further monies being owed under the State Farm policy which had been issued to the decedent's daughter., 2007
  • Devore v. Richmond, 2002 Ohio 3965, Wood App. No. WD-01-044, 2002 Ohio App. LEXIS 4162. Successfully defended State Farm before the court of appeals in case in which the Plaintiffs were asserting claims for Underinsured Motorist Coverage benefits under eleven different State Farm policies at issue, each having limits of $100,000 per person and $300,000 per accident.  The court ruled that the policies could not be "stacked" and since the Plaintiffs each received a settlement of $ 100,000 from the tortfeasor, the amount actually received by appellants was identical to the amount of the State Farm UIM coverage issued to Air Ride. Thus, the amount paid pursuant to Richmond's policy completely offsets the amount available under the Air Ride State Farm policy. Thus, appellants are not entitled to additional UIM coverage under the Air Ride State Farm policy., 2002
  • Jeska v. Ohio DOT, Franklin App. Nos. 98AP-1402, No. 98AP-1443, 1999 Ohio App. LEXIS 4246.  Had previously represented State Farm in jury trial in which Jeska was seeking Uninsured Motorist Coverage benefits for injuries arising out of a horrific auto accident.  A stop sign at the intersection of two state highways had been run over by a semi truck.  The driver of the Jeska vehicle did not stop and pulled directly into the path of an oncoming vehicle.  Liability was conceded.  Verdict for Jeska had previously been rendered against State Farm in the amount of $300,000.  State Farm paid the $300,000 and obtained an assignment of Jeska's rights against the Ohio Department of Transportation in the Ohio Court of Claims.  After a bench trial, the court ruled that ODOT was not liable.  Successfully obtained a reversal of that decision on appeal.  The court of appeals held the trial court decision was against the manifest weight of the evidence and ordered ODOT to pay State Farm., 1999
  • Rogers v. Kazee, 10 Ohio App. 3d 139, successfully defended Kazee in bodily injury action claiming she negligently entrusted her vehicle to her daughter who in turn negligently entrusted it to an incompetent driver.  The summary judgment obtained in favor of Kazee at the trial court level was affirmed on appeal. , 1983
  • Kemper v. Michigan Millers Mut. Ins. Co., 98 Ohio St.3d 162  Represented OACTA in the Ohio Supreme Court by filing a brief as an amicus curia on its behalf.  The issue was whether the Ohio legislature's enactment of curative legislation to superce the decision in  Linko v. Indemnity Ins. Co., 90 Ohio St. 3d 445 applied to insurance policies already in effect when the legislation was enacted.  , 2002
  • State Farm Mut. Auto. Ins. Co. v. Reinhart, 114 Ohio App.3d 625  Successfully represented State Farm in appeal involving the amount of coverage available for the wrongful death of the insured's son and whether State Farm had acted in bad faith in its adjustment of the claims.  The Reinharts recovered $100,000 in liability coverage from the tortfeasor, and claimed they were entitled to $800,000 in Underinsured Motorist Coverage under the three State Farm policies in effect at the time of their son's death.  State Farm asserted that only one policy applied and that the maximum amount of coverage was an additional $200,000.  The trial court's judgment that State Farm owed a maximum of $200,000 and it had not acted in bad faith was affirmed by the appellate court., 1996
  • Dues v. Hodge, 36 Ohio St.3d 46  Successfully represented State Farm in appeal before the Ohio Supreme Court and in doing so convinced the court to overrule Auto-Owners Mut. Ins. Co. v.. Lewis (1984), 10 Ohio St. 3d 156, a decision it had just rendered 4 years earlier.  The Plaintiffs' seven year old child was seriously injured by an uninsured motorist.  The Plaintiffs had three State Farm policies containing Uninsured Motorist Coverage, each having limits of $100,000/$300,000.  The Plaintiffs had a fourth State Farm policy with limits of $25,000/$50,000.  Plaintiffs sought to recover $950,000 by claiming the "each accident" limits of each policy and by stacking the coverages of all four policies.  The Ohio Supreme Court ruled that insurers could lawfully preclude the stacking of coverage and that State Farm had correctly limited coverage to a single "each person" $100,000 limit.  , 1988
  • Storer v. Sharp, 2006 Ohio 1577, Cuyahoga App. No. 86525, 2006 Ohio App. LEXIS 1478,  Represented State Farm Fire & Casualty Company before the appellate court on the issue of whether $1 million in coverage arose by operation of law.  The policy did not contain the requested coverage, but depending upon the version of the applicable statute which would apply, there was either no coverage or $1 million in coverage available.  The case interpreted newly enacted R.C. 3937.31(E) applicable to the issue., 2006
  • Havens v. State Farm Ins. Cos., Franklin App. No. 01AP-127, 2001 Ohio App. LEXIS 3862.  Successfully defended State Farm before the Court of Appeals in case where the issue was when new statutory language, enacted after the issuance of the original policy but before renewal of that policy, would apply. , 2001
  • Corriveau-Clark v. Daimler Group, Franklin App. No. 98AP-345, 1998 Ohio App. LEXIS 6254., 1998
  • Rollert v. State Farm Mutual Automobile Insurance Company, Miami Cty. Common Pleas Case No. 85-459.  Successfully defended State Farm in a jury trial alleging breach of contract, bad faith and punitive damages.  Rollert claimed her vehicle had been struck by a hit and run vehicle thus entitling her to recover bodily injury damages under the UM coverage of her State Farm policy.  State Farm disputed that her vehicle had been struck which was a prerequisite to recovering under the policy.  The jury rendered a verdict in favor of State Farm agreeing that Rollert had failed to prove her case against State Farm. , 1990
  • Justice v. State Farm Ins. Co., 94 Ohio St. 3d 1211 Successfully defended appeal involving wrongful death case in the Ohio Supreme Court.  The court of appeals had ruled that Ohio law permitted an insurer to consolidate all the claims which arose out of a single death into a single claim under the single limits, if the policy language was clear and unambiguous.  The court of appeals had also found the policy to be clear and unambiguous.  Since the insurer had already paid the limits of its liability for the per-person amount, the Plaintiffs were not entitled to collect further from the insurer.  The Supreme Court had accepted the case for review.  After briefing, the court dismissed the appeal allowing the favorable lower appellate court decision to stand., 2002
  • Steinbach v. State Farm Mut. Auto Ins. Co., 92 Ohio St.3d 210.  Successfully represented insurer before the Ohio Supreme Court in case addressing the manner in which insurers may set off amounts paid by tortfeasors from the limits of Underinsured Motorist Coverage and whether such policies may be stacked.  The policyholders had recovered $100,000 from the liability insurer for the tortfeasor and argued they were entitled to an additional $400,000 under their two State Farm policies.  The Supreme Court affirmed the lower appellate court finding that no additional coverage was available because the policies could not be stacked and State Farm was entitled to set off the amounts recovered from the tortfeasor., 2001
  • State Farm Mut. Auto. Ins. Co. v. Reinhart, 71 Ohio St.3d 654  Represented State Farm in appeal before the Ohio Supreme Court addressing the appropriate standard to be applied in a case alleging an insurer acted in bad faith and whether the insured must prove intentional misconduct on the part of the insurer., 1995
  • Yates v. Allstate Ins. Co., 2005 Ohio 1479, Licking App. No. 04 CA 39, 2005 Ohio App. LEXIS 1432.  Successfully defended State Farm Mutual Automobile Insurance Company in appeal regarding wrongful death case in which insureds sought Uninsured Motorist Coverage.  After the insured's sister was fatally injured in a motor vehicle accident, she sought UM/UIM coverage from the insurer. The insurer counterclaimed for declaratory judgment on the issue of coverage. After the trial court granted its motion for summary judgment, the insurer voluntarily dismissed its counterclaim. The appellate court held that all of the insured's claims were disposed of when the grant of summary judgment was entered. The voluntary dismissal of the insurer's counterclaim was superfluous. Because the insured did not appeal the decision of the trial court within the requisite 30 days as provided by Ohio R. App. P. 4(A), the appellate court was compelled to dismiss the appeal. As a result, the judgment was not reachable by Ohio R. Civ. P. 60(B) relief from judgment proceedings., 2005
  • Stauffer v. State Farm Ins. Cos., 2001 Ohio 2104, Crawford App. No. 3-2000-21, 2001 Ohio App. LEXIS 434.  Successfully defended insurer in wrongful death case before Court of Appeals wherein Underinsured Motorist Coverage was sought under four separate insurance policies issued to the Plaintiffs.  Plaintiffs had filed a declaratory judgment action to determine the amount of recovery for underinsured motorist benefits pursuant to four separate automobile liability insurance policies issued by the insurer.  The trial court had granted summary judgment in the insurer's favor.  The Court of Appeals affirmed.  Ohio Rev. Code Ann. § 3937.18(A)(2) allowed an insurer to set off the tortfeasor's liability limits against their underinsured coverage limits. Each of the Plaintiffs' policies contained underinsured coverage that was the same liability limit as driver's. Thus, the insurer was entitled to set off the liability limit of recovery already provided by the tortfeasor's insurer against that same amount contained in the Plaintiffs' policies. Ohio Rev. Code Ann. § 3937.18 precluded each of the Plaintiffs from asserting, or stacking, claims as a result of decedent's death, regardless of the fact that four automobile liability insurance policies were in effect at the time.  No coverage owed., 2001
  • Bostater v. Hartford Underwriters Ins. Co., Huron App. No. H-96-052, 1997 Ohio App. LEXIS 4605. , 1997
  • Hansen v. Randall, Ottowa Cty Common Pleas Case No. 94-CVC-197.  Successfully defended State Farm Mutual Automobile Insurance Company in a jury trial involving the wrongful death the of Plaintiff's son.  The twenty some year old son had been killed by an uninsured motorist.   Hansen was attempting to recover $1.2 million under his own automobile insurance policy and umbrella policy which had been issued by State Farm.  Liability for the accident was admitted.  The jury was asked to determine the amount of damages arising from the wrongful death.  The son had just graduated from college with an engineering degree and had taken the LSAT to further his education in law school  Last demand $1.2 million.  Last offer $250,000.  Verdict rendered for $267,000., 1995
  • Miller v. State Farm Fire and Casualty Company, Summit Cty Common Pleas Case No. CV-2003-11-6750.  Successfully defended State Farm in jury trial attempting to recover Underinsured Motorist Coverage.  The tortfeasor in the case had a liability policy with a limit of $250,000.  Miller settled with the tortfeasor, then attempted to recover additional benefits under her $1 million umbrella policy.  Liability was stipulated and the jury was asked to assess Miller's total damages.  The verdict returned was less than the $250,000 Miller had already recovered so she was not entitled to collect any further coverage from State Farm. , 2005
  • Rogers v. State Farm Mut. Auto. Ins. Co., 88 Ohio St.3d 546  Represented State Farm in appeal before the Ohio Supreme Court addressing the issue of whether insurers could lawfully consolidate all claims arising from a single wrongful death into a single "each person" limit of coverage.  Multiple insurance claims had been asserted by the decedent's surviving wife and daughter.  The court further ruled upon when newly enacted statutory provisions authorizing insurers to include restrictive provisions become applicable to an already existing policy of insurance., 2000
  • Braden v. State Farm Mut. Auto. Ins. Co., 92 Ohio App.3d 777, 1994
  • Feazel v. Mills, 2011 Ohio 5589, Butler App. No. CA2011-02-022.  The Feazel's son was killed while operating a motorcycle.  The tortfeasor had $100,000 in liability coverage.  The Feazels settled with the liability insurer, the attempted to recover underinsured motorist coverage under nine separate $100,000 policies issued to them by State Farm.  Defended State Farm.  The trial court had granted summary judgment to the Feazels holding that they were entitled to $200,000 in UM/UIM coverage.  On appeal, the judgment was reversed with the appellate court finding no underinsured motorist coverage was owed by State Farm under any of the policies, 2011
  • Zerby v. State Farm Auto. Ins. Co., 2004 Ohio 3434, Stark App. No. 2003CA00341, 2004 Ohio App. LEXIS 3094.  Successfully represented State Farm in an appeal involving a police officer who was injured in the course and scope of his duties.  The officer attempted to recover underinsured motorist coverage benefits under a commercial auto policy issued by State Farm to the Fraternal Order of Police.  The court ruled the officer did not qualify as an insured under the union policy and was not entitled to recover. , 2004
  • Smith v. State Farm Ins. Cos., Franklin App. No. 99AP-1131, 2000 Ohio App. LEXIS 4943., 2000
  • Huffer v. State Farm Mut. Auto. Ins. Co., Franklin App. No. 96APE09-1175, 1997 Ohio App. LEXIS 1450.  Successfully obtained affirmance of summary judgment in favor of State Farm on issue of whether a liability insurer could separately settle with medical lien holders.  The insurer had been sued by counsel for a plaintiff who alleged tortious interference with business when State Farm had separately negotiated and settled health insurance liens., 1997
  • Weatherford, Guardian of Kara McLenaghan v. Brookins, Delaware Cty Common Pleas.  Successfully defended Brookins in jury trial alleging that he negligently struck McLenaghan while she was riding a bicycle causing her to sustain a closed head injury and traumatic epilepsy.  The jury rendered a defense verdict finding that Brookins was not at fault for the accident., 1991
  • Meece v. State Farm Mut. Auto. Ins. Co., 88 Ohio St.3d 547  Represented insurer before the Ohio Supreme Court in case addressing the issue of when statutory law enacted after the policy's issuance, are incorporated into any renewal of such policy if the renewal represents a new contract of insurance separate from the initial policy., 2000
  • Wright vs. State Farm Mut. Auto Ins. Co., 62 Ohio St.3d 408, Represented insurer before the Ohio Supreme Court addressing the issue of whether the insured vehicle could ever be considered an "underinsured motor vehicle" so as to allow the policyholder to recover additional insurance coverage., 1992
  • Smith v. Speakman, 2008 Ohio 6610, Franklin App. No. 08AP-211.  Represented State Farm Mutual Automobile Insurance Company in this appeal.  The issue was whether State Farm had sent notice of a policy endorsement to the insured who had been injured in an automobile accident by an uninsured motorist.  The trial court had granted summary judgment in favor of State Farm on the coverage issue.  Judgment reversed by the appellate court based upon an issue of fact whether Smith had received the endorsement at issue., 2008
  • Holbrook v. State Farm Ins. Co., 2003 Ohio 2326, Franklin App. No. 02AP-1105, 2003 Ohio App. LEXIS 2120.  Successfully defended State Farm in appeal involving a double wrongful death.  The Holbrooks were attempting to recover $1 million in wrongful death damages under a commercial fleet policy issued to Southwest Licking Local School District which employed one of the Holbrooks.  The Court of Appeals ruled that the school district policy did not cover Holbrook and there was no coverage for the wrongful deaths.  (Note, in so ruling, the court held that the State Farm policy did not suffer the same infirmities that led the Ohio Supreme Court to order coverage for employees under their employers' policies in Scott-Pontzer v. Liberty Mutual Ins. Co. (1999), 85 Ohio St.3d 660)., 2003
  • Harris v. Shy, Lucas App. Nos. L-99-1278, L-99-1314, 2000 Ohio App. LEXIS 2000.  Successfully represented insurer before the Court of Appeals in case addressing whether additional Underinsured Motorist Coverage was available where the Plaintiffs had recovered $100,000 from the tortfeasor and their own Underinsured Motorist Coverage had the same limit of $100,000.  The court ruled that State Farm's anti-stacking clauses in its underinsured motorist policies were invalid, because the clauses were not vague and ambiguous., 2000
  • Bowerman v. State Farm Ins. Co., Fulton App. No. F-95-019, 1996 Ohio App. LEXIS 4222., 1996
  • Clonch v State Farm Mut. Auto. Ins. Co., Sandusky County Common Pleas Case 07 CV000244.  Plaintiff was a young girl injured while riding as a passenger in a vehicle insured by State Farm.  She was a paraplegic as a result of injuries sustained.  Plaintiff's family sued State Farm for coverage and for bad faith/punitive damages claiming that a second, $100,000 policy which separately insured the driver of the vehicle ought to to apply.  Defended State Farm in jury trial.  The factual issues were submitted to a jury which concluded that the driver resided with the vehicle owner.  The court then granted summary judgment to State Farm finding that the second $100,000 policy would not apply, 2011
  • Wright v. State Farm Mut. Auto. Ins. Co., 1991 Ohio App. LEXIS 1332, Franklin App. No. 90AP-606,(Mar. 26, 1991)  Successfully represented insurer before appellate court addressing the issue of whether the insured vehicle could ever be considered an "underinsured motor vehicle" so as to allow the policyholder to recover additional insurance coverage., 1991
  • Shreve v. Sheahan, Lucas Cty Common Pleas Case No. CI0200402151.  Successfully defended Sheahan in jury trial.  Shreve alleged she had stopped suddenly on the freeway and that a car had rear ended her.  Shreve claimed the car fled the scene but she was able to record the make, model and license number of the vehicle.  That information corresponded to Sheahan's vehicle.  Sheahan admitted he had been on the freeway, but denied he was involved in any accident.  The Plaintiff claimed significant bodiliy injury.  Defense verdict obtained for Sheahan finding that the accident never happened., 2005
  • Kotlarczyk v. State Farm Mut. Auto. Ins. Co., 2004 Ohio 3447, Lucas App. No. L-03-1103.  Discretionary appeal not allowed by Kotlarczyk v. State Farm Mut. Auto. Ins. Co., 2004 Ohio 5852, 2004 Ohio LEXIS 2689., 2004
  • Holcomb v. State Farm Ins. Cos., 88 Ohio St.3d 537  Represented insurer before the Ohio Supreme Court in wrongful death case addressing the issue of when statutory law enacted after the policy's issuance, are incorporated into any renewal of such policy if the renewal represents a new contract of insurance separate from the initial policy., 2000
  • Cincinnati Ins. Co., v. Phillips (Rehearing), 52 Ohio St.3d 162  Represented State Farm Mutual Automobile Insurance Company in rehearing of appeal before the Ohio Supreme Court as to the number of "each person" limits of liability coverage that must be extended in the case of a single wrongful death.  Original decision reversed on the basis of the case of Wood v. Shepard (1988), 38 Ohio St. 3d 86 which had been separately decided by the Supreme Court.  Multiple limits ordered to be extended for death claims., 1990
  • Martel v. Am. Family Ins. Co., 2007 Ohio 4819, Delaware App. No. 07CAE020012.  Defended appeal of a Judgment on the Pleadings obtained in favor of American Family Insurance Company in a suit alleging bad faith, punitive damages and fraudulent misrepresentation.  Martel was a HVAC contractor who had been found liable in the amount of $1,014,186 for causing a wrongful death by electrocution.  He had sued American Family claiming he was entitled to be indemnified for the verdict rendered against him due to the bad faith and fraudulent misrepresentations on the part of American Family.  The trial court had dismissed Martel's suit on the basis that Martel's policy had lapsed before the death.  The appellate court reversed finding that American Family had voluntarily agreed to defend the claim and there was a relationship sufficient to withstand a dismissal of the claims., 2008
  • Estate of Heath v. Grange Mut. Cas. Co., 2002 Ohio 5494, Delaware App. No. 02CAE05023, 2002 Ohio App. LEXIS 5503.  Successfully represented Grange Mutual Casualty Company before the Court of Appeals in this wrongful death action.  The Plaintiffs were attempting to recover for wrongful death under their homeowner's policy, claiming it was required to contain Uninsured Motorist Coverage by operation of law.  The court ruled that the trial court correctly determined Grange was not required to offer UIM/UDM coverage for the homeowner's policy, notwithstanding the fact the homeowner's policy contained residence employee coverage., 2002
  • Moroney v. Annis, Richland App. No. 99CA27, 1999 Ohio App. LEXIS 5107., 1999
  • Plank v McKeever, Admin. of the Estate of Gallagher, Franklin Cty Common Pleas No.s 02CVC-10 -11139 and No. 02CVC-10 -11167.  Successfully defended the estate of James Gallagher in jury trial in which the Plaintiff was alleging that one or both of the defendant drivers were negligent and caused her significant bodily injury.  Both Gallagher and the other defendant driver denied negligence and blamed the other for the accident.  Defense verdict rendered for both defendants as the jury determined that the Plaintiff did not prove her case against either defendant driver., 2004
  • State Farm Mut. Auto. Ins. Co. v. McCauley, 921 F.2d 673, 674 (6th Cir. Ohio 1990)  Successfully defended State Farm before the Sixth Circuit Federal Court of Appeals in declaratory judgment action seeking liability coverage and/or Uninsured Motorist Coverage in case involving a double wrongful death.  The Sixth Circuit affirmed the district court's judgment finding that the household exclusion contained in the policy precluded any coverage for the wrongful death(s)., 1990
  • Roeder v. Grange Mut. Cas. Co., 98 Ohio St. 3d 389  Successfully represented Grange Mutual Casualty Company before the Ohio Supreme Court on the issue of whether a homeowner's policy of insurance which provided limited automobile liability coverage for a household employee would be considered to be an automobile insurance policy.  If so, then all such policies would have to extend Uninsured/Underinsured motorist coverage by operation of law.  The Supreme Court reversed the lower appellate court finding that homeowners policies did not have to extend uninsured motorist coverage as they did not constitute an automobile liability insurance policy as defined by Ohio law., 2003
  • Stover v. State Farm Ins. Co., 127 Ohio App.3d 590.  Successfully obtained a decision from the Court of Appeals finding that an insured's guardian was not entitled to a claim for underinsured motorist coverage from an insurer where the guardian failed to comply with a subrogation clause by pursuing her individual loss of consortium claim within the limitations period.  The Court of Appeals reversed the trial court's decision which had ordered the insurer to pay $400,000 in Underinsured Motorist Coverage benefits., 1998
  • Burwell v. American Edwards Lab., 62 Ohio App.3d 73.  Represented Burwell on appeal of his products liability action against American Edwards Labratories.  Burwell filed a products liability action against American Edwards based on negligence, breach of express and implied warranties, strict liability, misrepresentation, and loss of consortium in connection with an allegedly defective heart valve. The Franklin County Common Pleas Court (Ohio) directed a verdict for the manufacturer on some of the claims and on the issue of punitive damages, and the jury returned a verdict in its favor on the remaining claims.  The judgment was affirmed on appeal., 1989
  • Spears v. Spears, 2006 Ohio 6747, Franklin App. No. 06AP-705, 2006 Ohio App. LEXIS 6640.  Represented the Plaintiff Spears whose mentally ill husband had stabbed her repeatedly with a knife.  Obtained a judgment against the husband in the amount of $100,000 then obtained a judgment against his insurer, Nationwide Insurance Company finding that its homeowners' policy covered the judgment.  Litigated before the appellate court whether the household exclusion in the Nationwide policy was unenforceably vague., 2006
  • Reasoner v. State Farm Mut. Auto. Ins. Co., 2002 Ohio 878, Franklin App. No. 01AP-490, 2002 Ohio App. LEXIS 905.  Successfully defended State Farm in appeal filed by Reasoner in which he alleged fraud and perjury on the part of the insurer.  The Court of Appeals affirmed the summary judgment rendered in favor of State Farm by the trial court., 2002
  • Alrjub v. Wheeler, Franklin App. Nos. 98AP-1171, No. 98AP-1270, 1999 Ohio App. LEXIS 3031.  Represented insurer before the Court of Appeals in wrongful death case addressing the issue of when statutory law enacted after the policy's issuance, are incorporated into any renewal of such policy if the renewal represents a new contract of insurance separate from the initial policy, 1999
  • Bodo v. State Farm Mutual Automobile Insurance Company, Jefferson Cty Common Pleas Case No. 08-CV-503.  Successfully defended State Farm in a jury trial alleging that Bodo had suffered $100,000 in damages as a result of an auto accident.  Bodo claimed $51,391 in medical bills.  Admitted liability for accident and disputed what damages resulted therefrom.  Jury rendered a defense verdict in favor of State Farm finding Bodo had not proven any injuries resulting from the accident., 2009
  • Jeska v. Ohio Department of Transportation, Ohio Court of Claims.  Had previously represented State Farm in jury trial in which Jeska was seeking Uninsured Motorist Coverage benefits for injuries arising out of a horrific auto accident.  A stop sign at the intersection of two state highways had been run over by a semi truck.  The driver of the Jeska vehicle did not stop and pulled directly into the path of an oncoming vehicle.  Liability was conceded.  Verdict for Jeska had previously been rendered against State Farm in the amount of $300,000.  State Farm paid the $300,000 and obtained an assignment of Jeska's rights against the Ohio Department of Transportation in the Ohio Court of Claims.  After a bench trial, the court ruled that ODOT was not liable.  (Note: Successfully obtained a reversal of that decision on appeal.) , 1999
  • Bobb Forest Products, Inc. v. Morbark Industries Inc., 151 Ohio App. 3d 63 (Belmont Cty).  Successfully defended appeal which affirmed a $1 million verdict in favor of client Bobb Forest Products, Inc. for breach of contract and breach of warranty against Morbark Industries Inc.  Bobb Forest Products had purchased a defective saw mill from Morbark Industries Inc. which had led to a failure of its business when the saw would not cut straight.  Bobb Forest Products sold its wood to furniture manufacturers which repeatedly rejected the wood due to the defective saw.  Morbark had argued that Bobb Forest Products only remedy was to allow it to continue to attempt to repair the saw as per the limited warranty.  A jury found that the warranty had failed of its essential purpose so that Bobb Forest Products could pursue its actual damages resulting from the defective saw.  The detailed decision clarifies Ohio law regarding UCC remedies and warranty law., 2002
  • Campbell v. Daimler Group 115 Ohio App. 3d 783  Represented the Estate of Donald Clark, an ironworker who was killed when the steel frame of a building he was helping erect collapsed.  Suit had been filed alleging that the collapse was caused by a failure of an anchor bolt used in setting the steel columns.  The defendants had claimed that the accident was caused because the iron construction company for which the decedent worked had not cross-braced any of the steel girders and had begun to load decking on the unstable structure.  No claim was made against the employer as Clark would have had to prove an intentional act of causing his death and this was not likely since the owner's son was also working up on the structure when it collapsed.  Verdict for the defendants affirmed on appeal., 1996
  • Feazel v. Mills 123 Ohio St. 3d 240  Successfully obtained a decision by the Ohio Supreme Court reversing the decision by the lower appellate court on the issue of when there is a final appealable order.  In this wrongful death case, insured's teenage son was killed by an underinsured motorist.  Plaintiffs were attempting to recover under nine automobile insurance policies issued by State Farm, each with limits of $100,000/$300,000.  The lower appellate court had ruled that a summary judgment decision rendered in favor of the Plaintiffs on a coverage issue was final and appealable.  The court had ruled State Farm owed coverage because it had not immediately appealed the decision and that the Plaintiffs had waived their right to recover damages because they did not present such evidence in conjunction with the summary judgment motions.  The Supreme Court ruled no final appealable order had yet been rendered and remanded the case for further proceedings., 2009
  • Plank v. McKeever, 2005 Ohio 5645, Franklin App. No. 04AP-1273, 2005 Ohio App. LEXIS 5106.  Successfully represented the estate of James Gallagher before the court of appeals.  Plank had sued both Gallagher and McKeever who were the operators of two motor vehicles involved in an auto accident for bodily injury.  The jury returned a double defense verdict finding that Plank had not proven her case against either defendant.  Plank argued the verdict was against the manifest weight of the evidence and/or that the alternative liability doctrine required one of the two drivers to be liable to her.  The defense verdicts were upheld on appeal., 2006
  • State Farm Fire & Cas. Co. v. State DOT, Franklin App. No. 00AP-768, 2001 Ohio App. LEXIS 799.  Successfully represented State Farm in a $300,000 subrogation action asserted against the Ohio Department of Transportation.  State Farm's insured, Heather Jeska, was riding as a passenger in a vehicle that did not stop at an intersection due to a downed stop sign.  Jeska was seriously injured in the accident.  State Farm paid her $300,000 under the Uninsured Motorist Coverage of her policy, then asserted a subrogatio claim against ODOT.  The law changed during the pendency of this action, with an appellate decision holding insurers could not subrogate against the State of Ohio.  The Court of Claims ruled State Farm was barred from recovery due to the change in the law.  On appeal, successfully obtained a reversal of the trial court decision.  The court of appeals ruled State Farm was still allowed to recover $300,000 in this case because ODOT had failed to preserve that issue on appeal.  (This was the second appeal of this matter as the trial court was previously reversed on a manifest weight of the evidence issue.)  ODOT finally paid the $300,000 judgment., 2001
  • Myers v. Grange Mut. Cas. Co., Franklin App. No. 97APE08-998, 1998 Ohio App. LEXIS 934., 1998
  • Daugherty v. Wagner, 11 CA 92, 1992 Ohio App. LEXIS 5685.  Jury verdict obtained in favor of Defendant Wagner reversed by appellate court.  Wagner had struck the rear of Daugherty's automobile which was stopped on a country road.  The appellate court found the verdict in Wagner's favor was against the manifest weight of the evidence.  Case remanded for further proceedings. , 1992
  • Hall v. Motorist Mutual Ins. Co., Franklin Cty Common Pleas Case No. 97CVC10-9432.  Successfully represented Plaintiffs in a jury trial regarding their claims for Uninsured Motorist Coverage benefits from Motorist Mutual Insurance Company.  Hall was an elderly man who alleged he sustained a significant closed head injury as a result of striking his head on the windshield.  Motorist disputed his mental issues were caused by the accident.  Last offer was $5,000.  Verdict obtained in favor of the Hall family for $118,000. , 1999
  • Davidson v. Motorists Mut. Ins. Co., 91 Ohio St.3d 262  Successfully represented the Ohio Association of Civil Trial Attorneys in appeal before the Ohio Supreme Court.  The issue was whether homeowners policies issued in the State of Ohio, that provide limited liability coverage for vehicles not subject to motor vehicle registration, require a mandatory offer of uninsured motorist coverage.  If so, all such policies in Ohio would have to extend such coverage by operation of law.  The court held no such coverage was available under homeowners policies. , 2001
  • Hillman vs. Hastings Mut. Ins. Co., 69 Ohio St.3d 1203 Represented State Farm Mutual Automobile Insurance Company in this appeal before the Ohio Supreme Court.  The issue in this bodily injury action was the manner in which a setoff is applied for the Underinsured Motorist Coverage as a result of payments made by the liability insurer., 1994
  • Mossing v State Farm Insurance Company, 87 Ohio St. 3d 1240  Successfully represented State Farm in appeal before the Ohio Supreme Court involving a wrongful death claim.  The lower appellate court had ruled in favor of State Farm finding that Mossing was not entitled to Underinsured Motorist Coverage because he had failed to "exhaust" the available liability coverage.  Mossing had recovered $212,000 out of a $300,000 liability insurance policy.  The Ohio Supreme Court originally accepted jurisdiction but after briefing dismissed the appeal as being improvidently allowed allowing the lower appellate decision to remain in effect.  , 2000
  • Yates v. Allstate, 2004 Ohio 3969, Stark App. No. 04 CA 6, 04 CA 23, 2004 Ohio App. LEXIS 3613.  Remanded by Yates v. Allstate Ins. Co., 2005 Ohio 1479, 2005 Ohio App. LEXIS 1432 (Ohio Ct. App., Licking County, Mar. 28, 2005), 2004
  • Raphael v. Brigham, Franklin App. No. 00AP-328, 2000 Ohio App. LEXIS 5196., 2000
  • Balatgek v. State Farm Ins. Co., Franklin App. No. 96APE12-1619, 1997 Ohio App. LEXIS 2538.  Successfully defended insurer before Court of Appeals.  Obtained a decision stating that, under the applicable Ohio law, an insurer was entitled to set off the amount that the insured received from a tortfeasor's liability insurance against the limits of the insured's own underinsured motorist's coverage, thus she was not entitled to benefits.  The appeal also concerned whether there is a constitutional right to a remedy and when the newly enacted S.B. 20 amendment of R. C. 3937.18 would apply to a then existing insurance policy., 1997

Representative Clients:

  • Grange Mutual Casualty Company
  • State Farm Fire & Casualty Company
  • State Auto Insurance Group, 2015
  • State Farm Mutual Automobile Insurance Company
  • American National Property and Casualty Company
  • American National Property & Casualty Company (ANPAC).
  • Motorists Mutual Insurance Company
  • American Family Insurance Company

Other Outstanding Achievements:

  • Part Owner trotting stallion, Triumphant Caviar, who is now standing stud at Abby Stables in Sugarcreek, Ohio, whose offspring have now won the Ohio Sires Stakes Championship and have set numerous new track records throughout Ohio., 2019
  • Part Owner, 4 year old Trotting Stallion, Triumphant Caviar, who established new track records in 2010 at Mohawk Raceway (Toronto), Indiana Downs (Indianapolis) and The Meadows (Washington, Pa).  Also established a new all time Canadian Record of 1:51.4 for an aged trotting stallion., 2010
  • Part Owner, 3 year old Trotting Stallion, Triumphant Caviar, who established the World Record for a 3 year old stallion on a half mile track.  Also raced in 2009 Hambletonian Final and Breeder's Crown, finishing 2nd., 2009

Educational Background:

  • American Jurisprudence Award, Evidence, 1979

Industry Groups

  • American Board Of Trial Advocates (ABOTA)
  • Columbus Bar Association
  • Defense Research Institute (DRI)
  • Former Member Of International Association Of Defense Counsel (IADC)
  • Ohio Association Of Civil Trial Attorneys (OACTA)
  • Ohio State Bar Association
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Office Location for James R. Gallagher

471 E Broad St
19th Floor
Columbus, OH 43215

James R. Gallagher:

Last Updated: 8/6/2019

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