Kurt D. Anderson

Of Counsel

Kurt has been practicing insurance-related and general civil litigation for nearly 25 years and brings a unique perspective to the American legal system. Although born in Springfield, Ohio, he grew up in the sprawling metropolis of São Paulo, Brazil. He is fluent in Portuguese and is an avid fan of the Seleção Brasileira (the Brazilian national soccer squad). His favorite restaurant is any Brazilian “churrascaria”, or steakhouse.

Kurt and his wife, Kathy, have 4 adult children and now welcome various foster children into their Elyria, Ohio home. Kurt is also an adult Sunday School teacher at Abbe Road Baptist Church and a member of the Elyria Sunrise Rotary club. Other than his 28-year marriage to Kathy and raising 4 great kids, he believes his most impactful contribution is helping create and maintain the annual Rotary Tour for MESA, a week-long cycling tour within Ohio’s Rotary District 6600 which raises more than $40,000 each year to ship donated and surplus medical equipment and supplies to third-world countries.

Find out more about: Practice Areas Cases Education Memberships Publications Presentations Awards Recognitions

Representative Cases

  • Delli Bovi, Exec. v. Pacific Indemn. Co., 85 Ohio St.3d 343, 708 N.E.2d 693, 1999-Ohio-380v(helicopter held not be “motor vehicle” for purposes of UM/UIM coverage)
  • Armstrong v. Best Buy Co., Inc., 99 Ohio St.3d 797, 88 N.E.2d 1088, 2003-Ohio-2573v(affirming summary judgment and clarifying the “open and obvious” defense in premises liability cases)
  • Harris v. Mt. Sinai Medical Center, 116 Ohio St.3d 139, 876 N.E.2d 1201, 2007-Ohio-5587
    (reversing and remanding for new trial, holding that trial court ruling on motion for new trial may only be reviewed for abuse of discretion, and finding that competent, credible evidence creating “room for doubt” supported trial court’s order granting new trial on basis of excessive verdict granted due to passion or prejudice and misconduct of counsel)
  • Walsh v. Erie County Dept. of Job and Family Services, 240 F.Supp.2d 731 (2003) (denying county’s motion for summary judgment and holding social workers subject to 4th Amendment “reasonable search and seizure” requirements, including court warrant for entry if consent is denied and no emergency exists)
  • Elkins v. American Int’l Specialty Lines Ins. Co., 611 F.Supp.2d 752 (2009) (granting summary judgment and declaring 1) removal of action to federal court was proper because judgment debtor was not a party to supplemental complaint seeking collection of judgment against real estate agent from professional errors and omissions policy, and 2) actual notice provisions of agent’s E&O policy precluded coverage where claim was not made and notice given during effective dates or extended notice period of claims-made policy)
  • Hau v. Gill, Ninth Dist. No. 98CA007061, 1999 WL 492633 (July 14, 1999) (affirming summary judgment and holding minor under age 8 incapable of negligence)
  • Farley v. Gary Nichols Builders, 9th Dist. No. 99CA007530, 2000 WL 1875413 (Dec. 27, 2000) (affirming summary judgment and holding that Statute of Frauds and contractual “as is” and merger clauses precluded claims based on alleged verbal misrepresentations)
  • Peridia, Inc. v. Showe Constr. Co., Inc., 6th Dist. No. OT-02-027, 2003 WL 1466643, 2003-Ohio-141 (affirming order subjecting matter to arbitration under contractual provisions)
  • Lytle v. McClain, 9th Dist. No. 03CA008400, 2004 WL 1932975, 2004-Ohio-4572  (affirming summary judgment and holding that professional malpractice defendant can submit own opinion evidence in support of summary judgment, which must be rebutted by contrary expert opinion)
  • City of Elyria v. York Int’l Corp., N.D. Ohio No. 1:03-cv-2079, 2006 WL 456427 (Feb. 24, 2006) (denying summary judgment and holding City had valid claim for damages where corporation abandoned 10-year tax abatement agreement early)
  • Rowe v. Striker, 9th Dist. No. 07CA009296, 2008 WL 4901702, 2008-Ohio-5928 (affirming summary judgment and holding contractual membership relationship was not grounds for a claim in negligence)
  • Culgan v. Miller, 9th Dist. No. 10CA0074-M, 2011 WL 6016489, 2011-Ohio-6194 (affirming summary judgment and holding that doctrine of judicial estoppel precluded claim for $1 million in alleged property damages where plaintiff had claimed in prior bankruptcy to have property valued at only $1,500).
  • Jeremay v. Westfield Ins. Co., 6th Dist. No. E-12-039, 2013 WL 872442, 2013-Ohio-83 (affirming summary judgment and holding that motorized boom lift was not an “auto” under lessor’s commercial fleet auto policy) 
  • Semprich v. County of Erie, Ohio, 6th Dist. No. E-12-070, 2013 WL 4401233, 2013-Ohio-356 (affirming summary judgment and holding that “open and obvious” doctrine precluded claim for plaintiff’s fall into a ditch in a construction zone, and that any obscuring darkness was itself an “open and obvious” hazard)

Education & Memberships

    • J.D., Case Western Reserve University School of Law, 1990 – Distinguished Advocate Award
    • B.A., Cedarville College, cum laude, 1987

Memberships:
Ohio Association of Civil Trial Attorneys (past president, 2012-2013)
Ohio State Bar Association
Lorain County Bar Association (past president, 2014-2015)
Defense Research Institute
Alliance Defending Freedom (allied attorney)

Admission:
Ohio, 1990
United States District Court Northern and Southern District
United States Court of Appeals Sixth Circuit
United States Supreme Court

Leadership & Service:
Elyria Sunrise Rotary Club
Abbe Road Baptist Church, Elyria, Ohio

Publications & Presentations

  • The Effective Amicus Advocate, Ohio Association of Civil Trial Attorneys, 2012
  • Insurance Coverage Update, National Business Institute, 2013
  • Employment Practices Liability Insurance Concepts, Cleveland Metropolitan Bar Association, 2013
  • Current Issues in Ohio UM/UIM Law, National Business Institute, 2014
  • Litigating the Bad Faith Claim, National Business Institute, 2014
  • Real Estate-Related Issues in Insurance, Lorain County Bar Association, 2015

Awards & Recognitions

  • Distinguished Advocate Award – Case Western Reserve University, 1990
  • Outstanding Community Service Award, Elyria, Ohio, 2006
  • Distinguished Service Award — Ohio Association of Civil Trial Attorneys, 2004, 2006, 2009
  • Committee Chair of the Year Award –Ohio Association of Civil Trial Attorneys, 2009
  • President’s Award – Ohio Association of Civil Trial Attorneys, 2013
  • Exceptional Performance Citation – Defense Research Institute, 2013

Contact Info

Kurt D. Anderson, Of Counsel

800 Westpoint Parkway, Suite 1100
Cleveland, OH 44145

440-438-3602

kanderson@cruglaw.com