Ohio Banking Law Newsletter -- Spring 2008
May 2008 |
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Quarterly newsletter covering legal lssues for the banking & financial services industry, including a lead article on the practical implications of regulatory enforcement actions.
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Disclosing Examination Matters and Enforcement Proceedings
January 2008 |
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Article discussing the difficult and complex dilemma facing bankers as to whether, and to whom, information concerning examination activities and informal enforcement proceedings may be disclosed outside the organization.
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Practical Implications of Bank Regulatory Enforcement Actions
January 2008 |
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Agency enforcement actions present a challenging environment for the banking institution, particularly if and when the actions become public through disclosure by the bank or the agency.
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Ohio Supreme Court Upholds Tort Reform Statute
December 2007 |
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Summary of the Ohio Supreme Court's decision in Arbino v. Johnson & Johnson upholding statutory limitations on noneconomic and punitive damages.
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Human Resources Bulletin: The Facts About the Ohio Healthy Families Act
December 2007 |
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Information on and a series of questions and answers on the proposed Ohio mandatory leave initative.
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Affirmative Action Program Verification Form Explained
October 2007 |
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Bulletin on compliance with the Ohio Affirmative Action Program Verification Form for all contractors and vendors that do business with the state or a political subdivision.
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Ohio Attorney General Targets Financial Institutions in Credit Card Marketing Initiative
October 2007 |
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Bulletin on Ohio Attorney General Marc Dann challenges to the credit card advertising practices of financial institutions under Ohio’s Consumer Sales Practices Act.
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Ohio Supreme Court Applies Prima Facie Filing Requirements To Asbestos Claimants Asserting Federal Claims
October 2007 |
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Analysis of the Ohio Supreme Court case of Norfolk Southern Railway Co. v. Bogle finding that Ohio's prima facie filing requirements for asbestos claims are not preempted by federal laws.
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Summary of the Ohio Foreclosure Prevention Task Force Recommendations
September 2007 |
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Summary of the September 2007 recommendations of the Ohio Foreclosure Prevention Task Force, established in March 2007 by
Governor Strickland to scrutinize the increasing number of home foreclosures in Ohio.
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Ohio Supreme Court Holds That S.B. 117 Became Effective On August 1, 2007 And 90-Day Referendum Period Begins To Run On That Date
August 2007 |
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Discussion of the Ohio Supreme Court ruling in State ex rel. Ohio Gen. Assembly v. Brunner granting the Secretary of State's Motion for Reconsideration or Stay.
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Ohio Supreme Court Rules on Exclusion of Uninsured Motorist Coverage
August 2007 |
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Bulletin on Ohio Supreme Court decision holding that auto insurance policies may exclude uninsured motorist coverage from injuries a policyholder suffers when another driver who enjoys immunity causes the injuries.
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Ohio Insurance Law Newsletter -- Summer 2007
August 2007 |
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News and information of interest to the insurance industry.
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Ohio Supreme Court Upholds Validity of S.B. 117
August 2007 |
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Discussion of the Ohio Supreme Court ruling in State ex rel. Ohio Gen. Assembly v. Brunner invalidating Governor Strickland's veto of S.B. 117, a tort reform measure, including clarification that suits against product manufacturers could only be brought under the Ohio product liability law and not the state’s public nuisance law.
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Government Contractors Beware: Update of Ohio's Pay-to-Play Laws
July 2007 |
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Update on amendments to Ohio HB 694 and pending lawsuits and the ability of government contractors to make political contributions.
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Challenges to Revenue Sharing Practices of Financial Services Providers
July 2007 |
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Article discussing a new wave of litigation challenging the revenue sharing practices of financial services providers across the country.
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U.S. Supreme Court Limits Insurance Company Liability For FCRA Violations
June 2007 |
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Bulletin on U.S. Supreme Court decision siding with two insurance companies limiting their potential liability under the Fair Credit Reporting Act for failing to notify consumers of higher insurance rates based on lower credit ratings.
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Ohio Supreme Court Rules That Jury Verdict is Not Final Appealable Order When a Motion for Prejudgment Interest is Pending
June 2007 |
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Bulletin on Ohio Supreme Court ruling on the appealability of a jury verdict when a motion for prejudgment interest has been filed and remains pending.
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Ohio Supreme Court Reins in Actions for Post-Settlement Interest
May 2007 |
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Bulletin on May 16, 2007, Ohio Supreme Court decision holding that the date of a written settlement agreement is the date from which post-settlement interest accrues, unless the parties negotiate a different “due and payable” date and incorporate it into the written settlement agreement.
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Federal Agencies Issue Proposed Rule on GLB Act Model Privacy Form
April 2007 |
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Bulletin on proposed regulations issued March 29, 2007 adding a model form which financial institutions may use as a safe
harbor for compliance with the Gramm-Leach-Bliley notice provisions.
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Medical Bill Write-Offs Are Not Benefits Under the Collateral Source Rule
January 2007 |
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In a long-awaited decision, the Ohio Supreme Court ruled that evidence of medical bill "write-offs" are not barred by the collateral source rule.
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Ohio Supreme Court Reaffirms: Statutory Revocation of Designation of Former Spouse As Life Insurance Beneficiary Does Not Apply To Policies Before Effective Date of Statute
January 2007 |
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Discussion of Ohio Supreme Court case reaffirming that upon divorce, dissolution or annulment, there is no automatic revocation of the designation of a former spouse as beneficiary under a life insurance policy issued prior to May 31, 1990.
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Employment Bulletin: Ohio's New Minimum Wage and Record-Keeping Requirements: What Employers Need to Know
January 2007 |
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Background information and a series of questions and answers, updated January 3, 2007, on the new Ohio minimum wage and record-keeping constitutional amendment and law.
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Ohio's Health Insurance Laws Amended
January 2007 |
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Bulletin on revisions to Ohio’s health insurance laws adopted by the Ohio General Assembly in S.B. 5 in December 2006.
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Government Contractors Beware: Political Contributions Could Cost You Business
January 2007 |
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Bulletin on the new Ohio law H.B. 694 severely limiting political contributions by government contractors. The bill was signed by the Governor on January 2, 2007.
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Employment Bulletin: Legislation Implementing Ohio’s New Minimum Wage Amendment Passed
December 2006 |
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Bulletin on Ohio H.B. 690, passed the Ohio General Assembly and was signed into law by the Governor in December 2006, to implement the minimum wage constitutional amendment.
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Ohio Insurance Law Newsletter -- Winter 2006
December 2006 |
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Ohio Regulatory, legislative and judicial news of interest to the insurance industry.
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Insurance in Focus: Spoliation of Evidence in Insurance Subrogation Cases
December 2006 |
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Article based on a presentation by Mark Chilson made at the ExecuSummit Conference in New York on October 26, 2006 on proper collection and preservation of evidence in a successful subrogation program.
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The Pension Protection Act of 2006: Important Considerations for Bank-Owned Life Insurance
September 2006 |
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A combination of new reforms and best practices
for Bank-Owned Life Insurance (BOLI) recently
were codified with the August 17, 2006 approval
of the Pension Protection Act of 2006.
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Ohio Department of Insurance Considering New Controls on Title Insurance Agencies' Affiliated Business Arrangements
September 2006 |
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In response to the Ohio predatory lending law, SB 185, as well as the Ohio Department of Insurance’s own experiences dealing with title insurance agents and agencies, the Department is considering new controls on “affiliated business arrangements.”
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Ohio Insurance Law Newsletter -- Fall 2006
September 2006 |
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News and information of interest to the Ohio insurance industry.
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Scope of Employer Liability for Retaliation Claims Under Title VII Expanded by U.S. Supreme Court
September 2006 |
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Insurance in Focus article discussing a U.S. Supreme Court decision that may expand the scope of employer liability for retaliation claims brought under Title VII of the Civil Rights Act of 1964.
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Ohio Insurance Law Newsletter - Summer 2006
June 2006 |
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News, information and updates of interest to our insurance clients.
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Ohio Insurance Law Newsletter - Spring 2006
March 2006 |
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News, information and updates of interest to our insurance clients.
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House Bill 104: Security Breach Legislation
December 2005 |
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Analysis of H.B. 104 which requires state agencies and certain business entities to notify Ohio consumers in the event of a breach of security.
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Ohio Insurance Law Newsletter - Winter 2005
December 2005 |
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Regulatory, legislative and judicial news of interest to the insurance industry.
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Treasury Department Implements New Insurance Regulations
November 2005 |
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Articles discussing November 3, 2005, new rules from the U.S. Department of the Treasury’s Financial Crimes Enforcement Network applying provisions of the U.S.A. Patriot Act of 2001 to certain insurance companies.
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Ohio Insurance Law Newsletter - Fall 2005
September 2005 |
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Regulatory, legislative and judicial news of interest to the insurance industry.
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Ohio Tax Law Changes
September 2005 |
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Fall 2005 issue of Insurance In Focus with review of Ohio tax law changes.
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Provisions of Am. Sub. H.B. 66 Affecting the Insurance, Banking and Financial Services Industry
July 2005 |
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Discussion of several provisions of interest to insurance companies, financial institutions, and dealers in intangibles in Ohio's biennial budget and tax reform legislation, signed into law on June 30, 2005.
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Ohio Insurance Law Newsletter - Summer 2005
June 2005 |
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Regulatory, legislative and judicial news of interest to the insurance industry.
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Once Again . . . Ohio Legislators Approve Comprehensive Tort Reform
June 2005 |
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Summer 2005 issue of Insurance In Focus with review of Ohio comprehensive tort reform legislation.
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Ohio Insurance Law Newsletter - Spring 2005
April 2005 |
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Regulatory, legislative and judicial news of interest to the insurance industry.
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Ohio Insurance Law Newsletter - Winter 2004
January 2005 |
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Regulatory, legislative and judicial news of interest to the insurance industry.
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Comprehensive Tort Reform
January 2005 |
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Winter 2004/2005 edition of Insurance In Focus, analyzing Am. Sub. S.B. 80, Ohio's comprehensive tort reform legislation, passed in the Ohio General Assembly in 2004.
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Ohio Insurance Law Newsletter - Fall 2004
September 2004 |
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Regulatory Developments Filing fees - Replacement rule amendments - Ohio Medical Malpractice Commission Legislative Developments Asbestos legislation - Comprehensive tort reform - Tax reform - Certificates of compliance - Alternative retirement programs - Single payer initiative - Long term care insurance - Campaign finance reform Judicial Developments Constitutionality of asbestos reform legislation challenged - Supreme Court expands liability of Guaranty Association
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Ohio Insurance Law - Summer 2004
Summer 2004 |
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Tort Reform Developments Asbestos, silica, and mixed dust legislation approved - Comprehensive tort reform Legislative Developments Annuity nonforfeiture rate - judgment interest - HICs and certificates of compliance - Uniform drug benefits cards and group life insurance - Consumer reporting and agent indemnification - Data collection - Mammography screening mandate - Life insurance for reservists - Alternative retirement programs - Certificates of compliance - Salvage vehicle legislation Regulatory Developments Replacement rule amendments - Ohio Medical Malpractice Commission Judicial Developments Supreme Court to rule on unauthorized practice of law - Supreme Court extends ERISA protections to working business owners - Supreme Court rules in non-competition pacts with at-will workers
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Insurance In Focus - Summer 2004
Summer 2004 |
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Discussion of Asbestos Legislation, and Mixed Dust Legislation
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The Rules Governing Faxed Communications, Newsletters and Advertising Are About to Change
May 2004 |
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Bulletin discussing new federal rules governing faxed communications, newsletters, and advertisements by corporations and associations that contact existing or potential customers or members.
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Ohio Insurance Law - Spring 2004
March 2004 |
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Regulatory Developments Ohio Medical Malpractice Commission - Life risk based capital rule Legislative Developments Do-not-call legislation signed - DOMA legislation approved - Judgment interest - Annuity non-forfeiture legislation - Comprehensive tort reform stalled - Asbestos liability reform - Other tort reform - Medical liability underwriting association - Job creation tax credits - HICs and certificates of compliance - Revisions to Ohio's structured settlements law - Credit reporting legislation - Mental health parity bill approved by House Judicial Developments Ambiguous exclusion triggers AD&D coverage
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Ohio Insurance Law - Winter 2003
Winter 2003 |
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Judicial Developments Supreme Court reins in Scott-Pontzer Regulatory Developments Ohio Medical Malpractice Commission - Health Reserving Rule Legislative Developments Governor signs financial responsibility legislation - House approves do-not-call legislation - Asbestos reform - Revisions to prejudgment interest rate - Long term care insurance - Mental health parity legislation - Diabetes mandate - Medical review panels - HICs and certificates of compliance Job creation tax credit - Health insurance risk pools - Mammography legislation - Preferences and Insurer Insolvencies General Interest Former head of Liberte sentenced to 20 years in prison - Corporate governance trends for the financial services industry
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Supreme Court Reins in Scott-Pontzer
November 2003 |
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Bulletin discussing the November 5, 2003 Ohio Supreme Court decision of Westfield Ins. Co. v. Galantis which reins in the uninsured/underinsured motorist coverage expansion.
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Ohio Insurance Law - Fall 2003
September 2003 |
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Regulatory Developments CSO mortality table - Ohio Medical Malpractice Commission Legislative Developments Senate passes comprehensive tort reform legislation - Statutory agent legislation - Governor signs unclaimed funds legislation - Governor signs corporate governance bill - Judgment interest - Do-not-call legislation - Senate eliminates racial terms from the code - Annuity legislation discussions - State budget update Judicial Developments New limits on punitive damages - Tort liability not covered under commercial general liability policy General Interest Financial regulation assistant director leaves Department - Chief of staffs resign - Bricker Consulting Announces Affiliate Transaction Compliance Guide
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Employment Bulletin: Ohio Supreme Court Finds Employer Tort Liability Not Covered Under Commercial General Liability Policy
August 2003 |
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Bulletin on recent Ohio Supreme Court decision that a commercial general liability insurance policy that excludes coverage for employee injuries arising out of or in the course of employment does not cover an employer's liability for substantial-certainty intentional torts.
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Ohio Insurance Law - Spring 2003
June 2003 |
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Regulatory Developments New Assistant Director of Life and Health appointed - Insurance scoring regulation - Medical malpractice bulletin - Patient Compensation Fund report and Medical Malpractice Commission - Compliant handling and monitoring program - NAIC adopts new standards for model law review Legislative Developments Legislative focus on budget continues - Financial responsibility legislation approved - Do-not-call legislation passes Senate - Legislature passes corporate governance bill - Unclaimed funds bill passes House - Tort reform bill introduced - Foreign insurers -- appointment of statutory agent - Salvage motor vehicle legislation - Insurance Committee continues public debate on mental health parity mandates - Uniform prescription drug card legislation Judicial Developments Good UM/UIM news for insurers - Ohio Supreme Court will decide priority between Scott-Pontzer insurer and personal UM/UIM insurer - Fronting arrangements and UM/UIM coverage General Interest Supreme Court Justice appointed
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Ohio Insurance Law - January/February 2003
January/February 2003 |
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Regulatory Developments New Director of Insurance appointed - Illinois company selected to study Patient Compensation Fund - Insurance scoring regulation - Health insurance reserve rule revised - Credit insurance rates reduced - Medical supplement rule revisions effective - Risk based capital instructions updated Legislative Developments Legislative focus on budget - Medical malpractice limits approved - Joint and several liability modifications approved - Mental health parity legislation introducted - Proposal on Association Health Plans - Corporate governance legislation introduced Judicial Developments Court approves $30 million punitive damage award - Ohio Supreme Court rules on UM/UIM residence employee issue - UIM benefits allowed despite failure to comply with policy conditions - Class certification denied in Progressive lawsuit General Interest Legislative committees named - Former ODI Deputy Director named general counsel - Insurance licenses of indicted securities dealer and associate revoked
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Tort Reform Legislation Passes
January 2003 |
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Bulletin for Ohio health care providers on the passage of Senate Bill 120 dealing with a modification of joint and several liability and Senate Bill 281 concerning non-economic damage caps. This is a revised bulletin, the previously mailed version had inadvertently listed an incorrect signing date for S.B. 120 and S.B. 281.
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