Adding To The Debate: Defense Costs Create Conflict

Law360, New York (July 8, 2013, 1:16 PM EDT) -- On the electronic pages of Insurance Law360, a debate has recently arisen over the insurance implications of the Ohio Supreme Court’s recent decision in Kaminski v. Metal & Wire Products Co., 927 N.E.2d 1066 (Ohio 2010), and its companion case Setter v. R.J. Corman Derailment Service LLC, 927 N.E.2d 1092 (Ohio 2010), which held that an employer is liable in tort and outside the workers' compensation system only when it acts with specific intent to cause injury.

Addressing the issue of who has the right to...
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