Archive for category: Uncategorized

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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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Celebrating our 10 Year Anniversary!

We had a great time celebrating our 10 year anniversary at Top Golf! Thank you to everyone who has helped us make this celebration possible! Here’s to the next decade!

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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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Congratulations to Newly Promoted Partners, Luke Baker & Dave Sherman

Luke BakerDave Sherman

CRUG is pleased to announce that attorneys Luke Baker and Dave Sherman have been promoted to Partner October 1, 2022.

In a short number of years, Luke Baker (L), in our Columbus office has honed and expanded his civil litigation experience as a team litigator in a number of large complex cases, while also independently handling a growing docket of insurance coverage, bad faith, motor vehicle, construction, product liability and personal injury cases.  Luke’s specialty with detailed analysis and expedient case resolution has helped lead to many positive outcomes for defendants and clients. Additionally, Luke is involved in training other Ohio lawyers and has been a speaker at the National Business Institute (NBI, Inc.) and the Ohio Association of Civil Trial Attorneys (OACTA) providing guidance on reducing bad faith claims and coverage litigation issues. Luke has been named a “Super Lawyers: Rising Star” every year since 2020. Please join us in congratulating Luke and learn more about him here:  https://cruglaw.com/attorneys/lucas-p-baker/

Likewise, Dave Sherman (R) in our Cleveland office has quickly impressed colleagues and clients with his detailed and sharp litigation talent and work ethic. In just a little over 5 years, senior partners have come to rely upon Dave to consistently step up and take on a heavy docket of litigation involving a fair amount of court and trial activity across several practice areas including personal injury, motor vehicle, property damage, and construction. Dave’s ability to thoroughly research and develop streamlined case strategies has enabled his success at shortening case life cycles and obtaining favorable results for defendants and clients.  Please join us in congratulating Dave and learn more about him here:  https://cruglaw.com/attorneys/david-l-sherman/