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The Demise Of The Declaratory Judgment Action As A Device For Testing The Insurer's Duty To Defend, J. Patrick Browne
The Demise Of The Declaratory Judgment Action As A Device For Testing The Insurer's Duty To Defend, J. Patrick Browne
Cleveland State Law Review
When a liability insurer defends claims brought against its insured, its interests frequently come in conflict with those of the insured. Over the years, courts and litigants have attempted to alleviate or eliminate this problem by several methods: providing the insured with independent counsel to represent his interests; a declaratory judgment action to test the insurer's duty to defend; direct actions by the injured claimant against the insurance company; and through the imposition on the insurer of an absolute duty to defend with a reserved right to test coverage at a later date. The second of these four methods the …
Voluntary Dismissals And The Savings Statute: Has Rule 41(A) Changed The Law, J. Patrick Browne
Voluntary Dismissals And The Savings Statute: Has Rule 41(A) Changed The Law, J. Patrick Browne
Cleveland State Law Review
Prior to the adoption of the new Ohio Rules of Civil Procedure, it had been held that a suit voluntarily dismissed could not be refiled under the provisions of the savings statute. Ohio Civil Rule 41(A) replaced the prior Code section providing for voluntary dis- missals and, by its language, suggested that at least one refiling of the suit would be permitted under the savings statute. However, the one reported judicial decision squarely on point at the time of this writing, Brookman v. Northern Trading Co., rejects the apparent purpose of Rule 41 (A) and adheres to the pre-Rule view …