Legal Question in Insurance Law in Ohio

Bad faith claim for own- occ disability ins.

I am a dentist in Ohio who has filed for a total disability. I have 4 doctors and a number of tests that all show I am no longer able to practice in my profession. I have spinal stenosis, carpal tunnel in both hands, pinched nerves in neck which effect my hand skills , osteoarthritis of one knee and Crohn's disease. Ohio does not have favorable bad faith laws to reimburse me for legal fees or punitive damages, therefore the insurance company is doing everything possible to deny claim. I do have another home in a state that is favorable to bad faith claims. If I change my residency am I allowed to file the claim in that state or am I stuck with the Ohio laws. I do not want to change my residency but I do not know how to fight this company with all of their resources. It is financially draining us. The insurance company has even hired a PI to trespass on our land and video myself and my family. I consider this an invasion of privacy. Any suggestions on how we should proceed.


Asked on 3/27/08, 2:56 pm

1 Answer from Attorneys
Vaseem Hadi Rendigs, Fry, Kiely & Dennis LLP

Re: Bad faith claim for own- occ disability ins.

Changing your residency won't make any difference. The applicable law generally is where the transaction occurred, not where the Plaintiff chooses to live at any given time. Proper venue generally is where the transaction occurred and where the defendant resides, not the plaintiff. The law bends over backwards to reject what is called "forum-shopping". Ohio law applies, although I don't know what you mean that Ohio bad faith law is not good, or that it does not permit recovery of fees and costs. My understanding is the opposite generally is true, although bad faith can be tough to prove. Would like to know more, such as who the insurer is? and what they have stated is their reason for denying the claim? Please feel free to contact me if you would like to discuss.

Vaseem

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Answered on 3/27/08, 3:08 pm


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