OSBA to Review Subrogation Proposal

The Ohio State Bar Association Screening Committee will review on Friday the legislative proposal drafted by the Special Subrogation Committee and endorsed by the majority of its members. The Screening Committee will then vote whether the proposal should be recommended for consideration by the full Council of Delegates. If the proposed legislation is considered and endorsed by the council, the OSBA will actively engage in lobbying for the codification of subrogation, the made whole rule, the common fund doctrine, and a list of other plaintiff-friendly changes.

Although the OSBA's Insurance Law Committee voted unanimously to reject the proposed legislation, the proposal continued to move forward. The proposal was also presented to the Negligence Law Committee, which recommended that the legislation be considered by the Council of Delegates. This was a close vote, but the plaintiff's bar prevailed.

This Friday, Oct. 23 at 10 a.m., the Screening Committee will review all reports/comments from the committees and, as we understand it, will hear from all present who wish to voice an opinion as to the proposed legislation. All OSBA members are strongly encouraged to attend, as it is apparent that this legislation will not fade away even if it is not passed through to the full Council of Delegates. In fact, the Insurance Law Committee report indicates that its recommendation is that the subrogation proposal be returned to the Special Committee on Subrogation so that the proposed legislation can be reworked. Although this recommendation was not voted upon by the Insurance Law Committee, it is apparent that there are many twists and turns yet to come.

Lastly, if you are unable to attend the meeting on Friday, you are strongly encouraged to send a letter in opposition to the subrogation proposal to the members of the Screening Committee. The letter must be emailed no later than tomorrow to ensure that the delegate will have time to review it prior to Friday's meeting. Click here for an example of a letter.

Direct questions to NAMIC's Assistant Vice President of State Affairs Joe Thesing.