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Liability Of Parents For The Willful Torts Of Their Children Under Ohio Revised Code Section 3109.09, Stuart A. Laven
Liability Of Parents For The Willful Torts Of Their Children Under Ohio Revised Code Section 3109.09, Stuart A. Laven
Cleveland State Law Review
This article will examine four issues which the practitioner may face in handling litigation under Section 3109.09, which imposes liability on the parents of children who willfully damage the property of another: whether the statute extends to a "taking" of property; whether the term "parents" includes others who have custody and control of a minor; whether an insurance company as a subrogated plaintiff may maintain an action under the statute; and, finally, whether parents of the minor wrongdoer are provided with coverage under their homeowners policy in an action brought against them under Section 3109.09.
The Demise Of The Declaratory Judgment Action As A Device For Testing The Insurer's Duty To Defend: A Postscript, J. Patrick Browne
The Demise Of The Declaratory Judgment Action As A Device For Testing The Insurer's Duty To Defend: A Postscript, J. Patrick Browne
Cleveland State Law Review
For years the conflict of interest problem that occasionally arose out of the defense of an insured by his liability carrier denying coverage under the policy was, for the most part ignored. Now, within the last decade, it has surfaced as one of the most litigated questions in the field of insurance law. In the last issue of this Review, this author attempted an exegesis of Motorists Mutual Insurance Co. v. Trainor, then the latest pronouncement on the subject by the Supreme Court of Ohio. Soon after that article was published, the Supreme Court again addressed itself to the problem …