Archive for category: News

Congratulations to Cleveland Partner Bev Adams on securing a positive trial result for Erie Insurance Company in a recent first-party claim in Cuyahoga County.

Case Summary

• The Claim: The 47-year-old plaintiff underwent two post-accident wrist surgeries, alleged the need for future wrist fusion, and asked the jury for $3 million to $6 million arguing that while he injured his wrist when he was 18, there were no prior medical records showing any complaints or treatment of his wrist, even though he was treating for other orthopedic issues.  Plaintiff had two separate experts to defend his position.
• The Defense: Bev successfully demonstrated that the injury was tied to extensive, pre-existing wrist conditions dating back to age 18. Her argument was backed by compelling defense expert testimony.
• The Outcome: The jury awarded $40,000, which was reduced to $35,000 net after a MedPay offset—a fraction of the demand and less than half of Erie’s pretrial offer.
  

  Beverly Adams

CRUG Partner, Matt Duffy recently secured a total victory for a high school coach in a case involving a student athlete injured at a community hot air balloon festival in Dales v Defiance County, et al.

The Plaintiff, a talented multi-sport athlete, was injured while assisting with hot-air balloon disassembly after dark as part of a volunteer activity related to his school.  He was injured when he stepped in a hole in the dark adversely affecting his athletic hopes.  He sued his school, some of its employees, the hot-air balloon company and a local charity for his injuries.  The outcome of the case turned on three critical defense doctrines:

1️⃣ Primary Assumption of Risk: The inherent risks associated with the activity. 2️⃣ Open and Obvious: Hazards that are discernible to any reasonable person. 3️⃣ The “Step in the Dark” Doctrine: A person who intentionally steps into total darkness without knowledge of the hazards does so at their own peril.

By focusing on these defenses, Matt and the other defense counsel secured Summary Judgment for all defendants.

Proud to have represented my client through his homeowners’ policy and to see a final appealable order bringing this matter to a close.

Matt Duffy, Partner, Cleveland Office

We are proud to announce that the U.S. District Court for the Southern District of Ohio recently granted summary judgment in favor of our client, United Specialty Insurance Company (USIC).

The Case at a Glance: Following a catastrophic 2019 trucking accident, a settlement was reached by two insurers without ever notifying USIC or seeking their consent yet later sought USIC’s “contribution” for the settlement.  

Contribution Denied: The Court found that USIC suffered “plain prejudice” because notice was only provided after the settlement was finalized.  The Court rejected arguments that USIC’s involvement wouldn’t have changed the outcome, calling those claims “merely speculative.”

The Bottom Line:  Notice and consent provisions matter—especially for excess carriers. Generally, you cannot settle a case without notice or or consent from an insurer and then ask an insurer to pay the bill afterward.

Congratulations to CRUG Partner Sunny Horacek who drafted the key portions of the motion and presented the winning oral argument!

Read the full citation: National Union Fire Insurance Co. of Pittsburgh, PA v. TT Club Mutual Insurance Ltd., No. 2:23-cv-3696 (S.D. Ohio Mar. 19, 2026).

Eric Grinnell, a Partner in CRUG’s Cleveland Office, recently received a defense jury verdict in the case of Bilal Ataya v. State Farm Fire and Casualty Company.  Following a three-day trial in Cuyahoga County, a jury returned a verdict in favor of CRUG’s client (State Farm) on all counts, including claims for breach of contract, insurance bad faith, and punitive damages.

November 6, 2025–Best Lawyers® recognizes CRUG in its 16th edition of “Best Law Firms” List for 2026. CRUG is honored to be named and we thank our peers, clients and team of attorneys and legal staff who work hard every day to make us notable in the field.