This form for use in litigation against an insurance company for bad faith breach of contract. Adapt this model form to fit your needs and specific law. Not recommended for use by non-attorney.
Ohio Complaint for Recovery of Monies Paid and for Declaratory Judgment as to Parties' Responsibility and Subrogation
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How to fill out Complaint For Recovery Of Monies Paid And For Declaratory Judgment As To Parties' Responsibility And Subrogation?
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FAQ
Section 2721.01 | Person defined. As used in this chapter, "person" means any person, partnership, joint-stock company, unincorporated association, society, municipal corporation, or other corporation.
(A) No person, with purpose to commit or to promote or facilitate the commission of aggravated murder, murder, kidnapping, abduction, compelling prostitution, promoting prostitution, trafficking in persons, aggravated arson, arson, aggravated robbery, robbery, aggravated burglary, burglary, trespassing in a habitation ...
Section 2721.02 | Force and effect of declaratory judgments - action or proceeding against insurer. (A) Subject to division (B) of this section, courts of record may declare rights, status, and other legal relations whether or not further relief is or could be claimed.
Ohio's Made Whole Doctrine: In Ohio, the "Made Whole Doctrine" may affect subrogation rights. This doctrine states that an insurance company cannot subrogate or seek reimbursement until the insured individual has been fully compensated for their injuries and damages.
As used in this section, "incompetent person" means a person who is so mentally impaired, as a result of a mental or physical illness or disability, as a result of an intellectual disability, or as a result of chronic substance abuse, that the person is incapable of taking proper care of the person's self or property ...
Subrogation rights Ohio law gives a right of subrogation to BWC, self-insuring employers and certain employers who contract for the direct payment of medical services pursuant to section ORC 4121.44 (P) of the Ohio Revised Code (ORC).
Section 2721.04 | Contract. Subject to division (B) of section 2721.02 of the Revised Code, a contract may be construed by a declaratory judgment or decree either before or after there has been a breach of the contract.