NASP Update: Ohio State Bar Association Subrogation Committee
NASP, www.subrogation.org
NASP was invited to speak to the Ohio State Bar Association (OSBA) Subrogation Committee Meeting on September 14, 2010. NASP President Elect, Ken Levine, was in attendance and NASP Amicus Committee Chair, Daran Kiefer, represented NASP at this meeting, presenting written testimony that you can read on the NASP website at www.subrogation.org.
The purpose of this meeting was for the Committee to decide if there exists a problem with subrogation rights in Ohio. If no problem exists, then the Committee would stop meeting. If a problem does exist, then the OSBA Committee would continue to meet and craft a legislative fix to the problem, which would then be presented to the General Assembly.
At the conclusion of the meeting, four Committee members voted that a problem exists and four voted that no problem exists with Ohio subrogation rights. The Chairman announced he would not vote, leaving it a tie. The Committee will not continue to meet. Instead, the Chairman will draft a report for the OSBA Board of Governors, which states the Committee could not come to a consensus on problems with subrogation. The OSBA Board of Governors can create a new Committee, allow their current Committees (i.e. Insurance Law, Negligence Law, etc.) to study subrogation in Ohio, or simply stop investigating subrogation rights. This meeting will take place in early November, just after NASP’s national conference in Grapevine, Texas.
Additionally, the new chairman of the OSBA’s Negligence Law Committee invited NASP to send three designated representatives to Negligence Law meetings. NASP will be sending Mark Damien, Jeff Nodzak and Ted Traut as our designated representatives, along with Board of Director, Glenna Roberts, so subrogation matters can be discussed.
NASP is encouraged by the “tie” vote in the OSBA Committee, but NASP has concerns as to how the Committee may appoach this issue in the future, and what next steps the OSBA may take to erode or eliminate subrogation in Ohio.
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