Insights

The Enforceability of "Evergreen Clauses"

February 11, 2016

An increasing presence in contractual transactions is the automatic renewal clause known as the "Evergreen Clause." An Evergreen Clause allows for an agreement to continue for a defined period if the existing agreement is not renegotiated or properly cancelled within a specified time. Evergreen Clauses can be found in both consumer and commercial contracts, including Residential Lease Agreements, Advertising Contracts, Gym Memberships, and many other service-based agreements. The question is whether Evergreen Clauses are enforceable, as their effect is to automatically bind a contracting party to an agreement beyond the original contract term....

Is Your Municipality Ready for House Bill 5?

January 27, 2016

While it may not have been on your mind as the clock struck midnight, the ball dropped and toasts were exchanged; the dawn of 2016 signals the dawn of a new era in Ohio Municipal Tax Policy. House Bill 5 became effective January 1, 2016....

Three Year Limitation Period for Taking Civil Action – Beat the Clock

January 27, 2016

In 1968 the Ohio Supreme Court determined that municipalities may not extend the statute of limitations imposed by the General Assembly. Ohio House Bill 5 is slightly changing the limitations statute for municipal corporations taking civil action and should be the blueprint for how municipalities draft their ordinances surrounding limitations periods....

Are You Doing Enough to Protect Your Patients and Residents?

November 24, 2015

Under federal law, facilities that provide elder care services including nursing homes, adult daycares and home healthcare providers are prohibited from hiring employees that have been found guilty of neglect or abuse of a patient. Nonetheless, federal law does not require these facilities to conduct criminal background checks even though many states' laws do require such checks....

Affordable Care Act and Affordable Healthcare

November 24, 2015

In the world of a global marketplace at the touch of a button, it is increasingly incumbent upon people to shop around for nearly everything, including health care coverage. Prior to opening the marketplace for healthcare coverage last year, the Obama administration unveiled data showing that many Americans with health insurance bought under the Affordable Care Act could face substantial price increases in 2015 — in some cases as much as 20 percent — unless they switch plans. Whether this was intended to spur people to check out the new policies or was a harsh reality, this year has been telling....

Pursuing a Damage Claim Against the Insurance Company

November 2, 2015

When utility property is damaged as a result of the actions of a driver or excavator, the insurance company cannot be named in a lawsuit by virtue of the insurance policy itself. The driver or excavator is the holder of that insurance policy, and as a result, case law in most states has held that a damaged third party does not have standing to sue the insurance company for failing to pay out under an insurance policy which should cover its damages. That said, when collecting damage claims, Weltman finds that insurance companies routinely refuse to pay out the limits of the policy where damages allegedly exceed the limits of the policy....

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