216-642-1425
  • 216-642-1425

BitCoin is Covered "Property" Under Homeowner Policy

In a case of national first impression, an Ohio court has ruled that stolen BitCoin qualifies as lost "property" under a homeowner insurance policy. Bobby Rutter represented the insured homeowner in Kimmelman v. Wayne Insurance Group.

Read the full article

Scammed by an Email? Phishing for Coverage

Phishing scams commonly use email that appears to be legitimate to trick the recipient into wiring funds to the scammer's account. The Sixth Circuit recently weighed in on the insurance coverage available for such a scam. The issue in the lawsuit was whether the insured had coverage for the lost money under a Travelers crime policy.

Read the full article

Are You Covered? Common Coverage Gaps in Homeowner Policies

Most people give little thought to what their homeowner insurance policy covers until a loss occurs. Then they call their agent and hope for the best. No policy covers every loss, but here are some common areas where insureds run into trouble.

Read the full article

Do All Homeowner Policies Cover the Same Things?

When we shop for insurance, price is the overriding factor. It's easy to compare price, and it's obviously significant. And it's hard to shop using another critical criterion — what does the policy cover? We assume that homeowner policies are all the same. But are they?

Read the full article

J.D. Power Insurance Company Ratings

Many people know that J.D. Power rates customer satisfaction with automobile purchases, but did you know they rate insurance companies as well? Find out how your auto and homeowner insurance companies scored in the 2017 ratings.

Read the full article

Does Your Insurance Cover You For Acts of Terrorism?

Terrorism is constantly in the headlines. To insurance geeks, these disasters raise insurance coverage questions. Here's a depressing one to ponder. If a terror attack destroys my house, my business, or even my city, will I have insurance coverage to help me recover?

Read the full article

Hurricane Harvey: If Flood Isn't Covered, Then What Is?

Hurricane Harvey will be the most expensive natural disaster in US history, costing the economy about $190 billion. Most people instinctively think that insurance will assist homeowners and business owners to rebuild. But the typical insurance policy excludes damage caused by flood, surface water, waves, tidal water or overflow of a body of water. Learn what coverage arguments can be used to counter an insurance company's deny-first, ask-questions-later approach.

Read the full article

Lack of Evidence Fatal to Personal Property Claim

When a fire totally destroys a structure, it is a daunting task to recall and list all the contents lost in the fire. Many insureds must rely solely on their memories to prepare a complete inventory, and memories are not infallible. Nguti v. Safeco Insurance Company dealt with the legal issues that arise in such a situation and the pitfalls that an insured must avoid.

Read the full article

Vacating an Appraisal Award Based on Umpire Bias

Most appraisal awards result from the umpire siding with either the insurer's appraiser or the insured's appraiser. For this reason, both parties to the appraisal seek an umpire that they believe will be fair and impartial (or at least only partial to their side). In order for each party to be fully informed, a prospective umpire has a duty to disclose information that might demonstrate bias. Dickey v. Alterra America Insurance Company recently discussed the general rules governing disclosure.

Read the full article

Appraisal Includes Determination of Causation

A typical appraisal provision says that the parties will agree to appraise the "amount of loss." Parties sometimes argue the "amount of loss" only applies to the valuation of the cost of the repairs, and not to the scope of the repairs or whether the needed repairs were caused by the covered peril. Walnut Creek Townhome Association v. Depositors Insurance Company illustrates the importance of appraisers understanding their role in determining the cause of a loss.

Read the full article

What Are the Best and Worst Insurance Companies?

Since we deal with insurance companies on a daily basis, we are often asked this question. The answer varies depending on what you are looking for — lowest price, level of service, ease of claim handling — and even then the answer is very subjective. One objective measure of quality is the level of complaints registered against different companies with the Ohio Department of Insurance.

Read the full article

Common Questions Regarding Fire Claims

You've just suffered loss in a fire — what should you do next? This concise, informative article by Bob Rutter answers numerous questions commonly asked by homeowners after a fire. Learn more about the role of fire contractors and insurance adjusters, and discover how your insurance company will likely approach repair or replacement.

Read the full article

Understanding Your Professional Liability Policy

Professional liability policies — popularly referred to as malpractice or E&O policies — have some unique (i.e. tricky) provisions. This article by Bob Rutter with Al Stephens of Professional Liability Services explores the intricacies of "claims" as defined in a professional liability policy and offers an overview of how attorneys can increase the chances of being protected.

Read the full article

A Lamb in Wolf's Clothing: The Insurer's Duty to Defend Business Torts

A standard Commercial General Liability policy provides personal injury coverage which, despite its name, has nothing to do with personal injury claims such as auto accidents or product liability suits. Instead, personal injury coverage provides indemnity — and, perhaps more importantly, a defense — for a wide array of business torts that practitioners may initially dismiss as uninsured claims. Learn more about this often overlooked benefit and discover how an insured should best proceed when facing litigation that might be covered by insurance.

Read the full article

Fire Insurance Law

Fire victims are invariably in a very vulnerable position, needing immediate financial assistance to try to get their lives back in order. But what happens when the insurance company, instead of helping the fire victims as it had promised, turns on the victims and accuses them of arson? What rights do insureds have and how can they enforce those rights? And how can insureds left with virtually nothing after a severe fire successfully defend against an insurance company with unlimited resources? Bob Rutter shares insights gleaned from almost 30 years of experience successfully representing fire claim cases in this in-depth article about fire insurance law.

Read the full article

Insurance Bad Faith in Ohio After Zoppo

Zoppo v. Homestead Insurance Company was a landmark Ohio Supreme Court decision clarifying the standard to be applied in determining whether an insurance company's actions constituted bad faith. Common grounds of bad faith against insurance companies include failing to adequately investigate a claim, exploiting the insured’s vulnerable financial condition, and unnecessarily delaying a claim's resolution. Explore the post-Zoppo legal landscape in Ohio in this article by Bob Rutter, the attorney who successfully argued the case before the court.

Read the full article

Taming the ERISA Beast

ERISA was intended to benefit American workers by protecting their pensions. But legislatures and the courts have given ERISA control over almost all employee benefits, including employer-sponsored life, disability and health insurance. As a result, ERISA insurance claim denials are notoriously difficult to contest. Bob Rutter’s informative article surveys this complex area of insurance law and provides insight on how to contest claim denials when the odds are stacked against you.

Read the full article


Get a free consultation

If you need help with your insurance claim, contact us for a free consultation. You can trust the dedicated attorneys at Rutter & Russin in Cleveland, Ohio.

Get Started