Archive for category: News

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Ohio Supreme Court Unanimously Holds That Equity Will Not Save a Contracting Party from Its Own Negligence

Today in Ashland Global Holdings, Inc. v. SuperAsh Remainderman, Ltd., 2025–Ohio-2835, Ohio’s high court unanimously held that a lessee could not invoke equity to avoid the consequences of its own negligence in failing to timely renew a ground lease–even though such failure would result in the property and all of the improvements made by the lessee reverting to the lessor under the terms of the ground lease. The decision resolves a decided split in Ohio courts on the issue.

The high court declined to adopt a bright line rule (either legal or constitutional) that equity can never be used to modify clear and unambiguous contract terms, but such a rule was unnecessary in the case since the lessee’s actions clearly constituted negligence and a negligent party is not entitled to invoke equity to avoid contract terms. A key to its ruling was its distinction between “mistake” and “negligence” set forth at Paras. 20-23, 26, 28. This analysis will likely have an impact on many kinds of cases beyond ground leases.

The case will return to the lower courts to consider some additional issues, but these are expected to be resolved in favor of the lessor as well.

CRUG Partner, Richard Garner was privileged to represent the lessor as lead appellate counsel at all levels of appeal and was satisfied to see the high court unanimously adopt one of the several reasons we put forward as to why the lower courts had erred. It was a well-contested case against formidable adversaries which makes the win all the more satisfying.

A link to the decision is below. https://lnkd.in/gvF-XrpY

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Ohio’s Eighth Appellate District Affirms Intentional Acts Exclusion Bars Coverage

We’re pleased to announce that Partner, Eric Grinnell has secured a significant insurance victory with a favorable ruling from the Ohio 8th District Court of Appeals regarding intentional acts exclusions in auto insurance policies.

The case involved an insured who struck a plaintiff with his vehicle during an argument and subsequently pled guilty to aggravated assault. When the civil lawsuit was filed, the insured attempted to change his narrative, claiming the incident was merely an “accident” caused by an iced tea can that had become lodged under his brake pedal.

Representing State Farm, Eric successfully intervened and argued that the policy’s Intentional Acts exclusion precluded any duty to defend or indemnify based on the insured’s guilty plea to the criminal charge. After winning summary judgment at the trial court level, the 8th District has now affirmed this decision on appeal.

This ruling reinforces the established principle that a guilty plea to a crime requiring knowledge, such as aggravated assault, is sufficient to invoke intentional acts exclusions in insurance policies. The court confirmed that intent may be properly inferred from the criminal conviction itself, regardless of subsequent attempts to recharacterize the incident.

This ruling reinforces important precedent for insurance carriers dealing with intentional acts exclusions.

#InsuranceDefense #LegalVictory #Ohio8thDistrict #IntentionalActs #CRUGLaw

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Ohio Court of Appeals Upholds Insurance Exclusions in Fatal Shooting Case

The Fourth District Court of Appeals of Ohio recently affirmed a lower court’s decision that American Modern Property and Casualty Insurance Company has no duty to defend or indemnify in a wrongful death case stemming from a fatal shooting.

In Feick v. Miller, the court ruled that both the “intentional acts” and “criminal acts” exclusions in the homeowner’s policy properly applied, barring coverage for damages resulting from the insured’s actions that led to a reckless homicide conviction.

The court held that when policy language clearly excludes coverage for intentional acts (regardless of whether harm was intended) and criminal acts, no further analysis of the insured’s intent is necessary.

This case reinforces the importance of understanding insurance policy exclusions and highlights how courts interpret policy language when determining coverage obligations.

Luke Baker, a Partner in CRUG’s Columbus Office, successfully handled the case for the prevailing insurer. 

see link to decision: https://www.supremecourt.ohio.gov/rod/docs/pdf/4/2025/2025-Ohio-1538.pdf

Luke Baker

Luke Baker

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CRUG Celebrates 10 Year Anniversary

In 2015, Collins, Roche, Utley & Garner (CRUG) was born out of a vision and desire to meet the immediate needs of businesses and insurers facing increasingly complex and sophisticated legal issues and litigation. Clients expressed the need for high performing relationships that operate like integrated extensions of their businesses. These partnerships not only focus on winning in courtrooms, but on creating processes and strategies that produce the most efficient, positive outcomes.

Today we celebrate our firm’s 10th Anniversary. We are grateful to our clients, friends, colleagues and our team of professionals who have been an integral part of this successful decade of service. CRUG opened its doors in 2015 providing state-wide coverage with offices in Cleveland, Akron and Columbus.  In keeping with our original mission, CRUG attorneys have built well-established, long-standing relationships with many of the most well known and well respected insurers in the market and provide comprehensive legal service across many different practice areas.

 

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CRUG Law Welcomes Matt Duffy as Partner

CRUG Law – Collins, Roche, Utley & Garner, LLC is pleased to announce that Matt Duffy has joined our firm as Partner in our Cleveland Office.  

Matt brings over 25 years of insurance defense litigation experience, specializing in catastrophic personal injury, wrongful death, and nursing home negligence cases. Prior to joining CRUG Law, Matt served as Lead Trial Attorney at The Hanover Insurance Group.

Licensed in Ohio and Pennsylvania, Matt has successfully handled jury trials and appeals throughout Ohio. His expertise in trial practice, automobile liability, and general liability defense will be a tremendous asset to our firm and clients.

Please join us in welcoming Matt to the CRUG Law team!

 

 

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CRUG Win in Complex Construction Liability Case

Excited to share a significant defense victory in a complex construction liability case in Lucas County! Kudos to Beverly Adams (CRUG-Cleveland Office) for her outstanding defense work in securing a complete defense verdict against a $1M+ subrogation claim. The case involved allegations of underground utility damage during dewatering well installation, resulting in a major power outage in Toledo.

The successful defense strategy effectively countered claims regarding drilling procedures and site supervision, ultimately protecting our client’s interests. This outcome demonstrates the importance of thorough case preparation and strategic litigation management.

Beverly A. Adams

Beverly Adams

 

 

 

 

 

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Another CRUG Insurance Win

In Estate of Truesdell v. State Farm, Ohio’s Eleventh Appellate District found that home construction defects and resulting moisture damage were properly excluded under State Farm homeowner’s policy’s exclusions for construction defects, wear and tear, and moisture damage that develops over time.

The case arose from alleged construction defects in a home built in 2009. When the homeowner discovered defects in 2020, she filed a claim with State Farm, which was denied based on policy exclusions. The Estate argued that while the construction defects themselves might be excluded, the resulting damage should be covered.

The Court disagreed, finding that because the resulting damages were due to moisture and rot developing over time, they fell squarely within the policy’s exclusions. The Court also rejected claims that the insurance agency’s alleged verbal representations about coverage could override the written policy terms.

This case reinforces the importance of carefully reviewing policy exclusions, particularly regarding construction defects and resulting damage. Insurance professionals should ensure clients understand that verbal representations cannot modify clear policy exclusions.

Greg Collins, Kurt Anderson, Dave Lester and Luke Baker (L-R) all contributed to the favorable ruling.

 

 

 

 

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CRUG Prevails on Lack of Coverage for Murder Alleged to be “Negligent”

In Estate of Azbell v. Estate of Guillereault, Ohio’s Ninth Appellate District affirmed summary judgment in favor of State Farm, finding no duty to provide coverage in a tragic domestic incident. The case involved a fatal shooting where the insured shot his girlfriend before attempting to assault her daughter and taking his own life. The court ruled the shooting was intentional, not accidental, thus falling outside policy coverage. Key evidence showed the shooter admitted to firing during “a disagreement that got out of control” which forensics indicated was at point-blank range. 
 
Evan Palik and David Lester of CRUG handled the case for State Farm.  
 

(L-R) Evan Palik and David Lester

 

 

 

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Kurt Anderson Receives OACTA 2024 Distinguished Contributions to Community Award

Kurt D. Anderson, CRUG Partner of Cleveland was awarded the 2024 Distinguished Contributions to the Community Award by OACTA (Ohio Association of Civil Trial Attorneys) during their annual convention held last week in Columbus, Ohio.  This award is given to recognize members who consistently serve and make significant contributions to their community outside of the practice of law.  Apart from Kurt’s professional work, Kurt has dedicated time to the non-profit, Reconciliation Ministries Inc., helping with conflict resolution, as well as worked in his church as a ministries team member making significant contributions, specifically expanding the church’s screening and abuse prevention training program for all children and youth workers. Kurt has been a board member and now serving a third-term as president of the Elyria Sunrise Rotary Club.  Additionally, Kurt helped the Club start the Rotary Tour for MESA (Medical Equipment Supplies & Aid Sharing non-profit), an annual charity cycling tour in Northeast Ohio that has raised more than $900,000 to ship medical equipment and supplies to needy areas around the world, including more than 30 shipments to Ukraine in the past 2 years.  Kurt and his wife also have served as foster parents in Lorain County to more than 2 dozen children over the past 10 years, including the adoption of a daughter into their growing family.  Kurt gratefully and humbly accepted the award saying it is probably the most meaningful recognition he’s ever received.

 

 

 

 

 

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Congratulations to Our Newly Minted Lawyer Kaylin L. Paul

Congratulations to our very own Kaylin Paul, who was sworn in and admitted to the Ohio Bar November 12th. Kaylin graduated from The Ohio State University Moritz College of Law in May. Kaylin is a member of the litigation team in our Columbus office.