Ohio fair plan underwriting association complaints

Court of Appeals of Ohio, Cuyahoga County. Thompson for failure to join an indispensable party. The complaint, filed January 12,alleged that Joseph and Dominic Comella owned property which plaintiff had insured against loss and damage. The complaint alleged that on November 5,an automobile owned by defendants and operated by one Charles Edmundson collided with and damaged the Comella property.

Hitchman Insurance Agency, Inc. Planeyfor appellant.

ohio fair plan underwriting association complaints

Littrellfor appellee. Because the trial court did not abuse its discretion by granting Hitchman's motion, we affirm. Delivery information contained within the record shows that Hitchman was served with the complaint on April 27, Hitchman contended that its failure to answer the complaint was due to mistake or excusable neglect and attached affidavits in support.

Ohio Fair Plan Underwriting Assn | Better Business Bureau® Profile

Hitchman"was traveling out of the country, and then traveling out of state for the wedding of his daughter, Hitchman employee Jenna Hitchman, and then out of state for business.

Hitchman was out of state from April 26 to June 8,an absence he said had never happened before during his association with the agency. Three of Hitchman's remaining four employees, including Jenna, were also out of state for the wedding for part of the answer time. The one remaining employee signed for the complaint, but did not recognize it as business-related, and therefore, did not inform anyone of its receipt.

Ohio Fair Plan Underwriting Assn | Better Business Bureau® Profile

Hitchman took immediate action to respond to the complaint upon his return to the office on June 8, Hitchman also contended that it had a meritorious defense to the complaint. The court found that Hitchman employed just five people, four of whom were out of office at the same time, which happened to coincide with the filing of the complaint and the answer time.

Hitchman had a mail-handling procedure in place, but the remaining employee inadvertently failed to comply with it. The court concluded that Hitchman had demonstrated that its failure to answer was the result of excusable neglect.

The trial court erred to the substantial prejudice of [the Plan] in granting [Hitchman's] Motion for Relief from Judgment, because [Hitchman] failed to show that its neglect in failing to timely answer should be excused. In order to prevail on a Civ. We will reverse a trial court's decision to grant or deny a motion for relief under Civ.

ohio fair plan underwriting association complaints

The only issue is whether the trial court erred by finding that Hitchman had demonstrated that its failure to answer was the result of "mistake, inadvertence, surprise or excusable neglect" pursuant to Civ. To meet the test, a party must present circumstances sufficient to show the following: We conclude that the trial court did not err by determining that Hitchman met the two-part test here.

Hitchman's unusual absence and evidence that the policy, inadvertently, was not followed until it was too late. Specifically, the policy applied during Mr.Norman E. Beal, is the President of Ohio FAIR Plan Underwriting Association which was founded in Ohio FAIR Plan Underwriting Association primarily deals with insurance.

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Ohio Fair Plan Underwriting Assn has received out of 5 stars based on 2 Customer Reviews and a BBB Rating of A+. Comprised of 67% BBB Rating and 33% Customer Review Rating/5(2). {¶ 1} Plaintiff-appellant, Ohio FAIR Plan Underwriting Association ("the Plan"), appeals the judgment of the Franklin County Court of Common Pleas, which granted the {¶ 2} On April 24, , the Plan filed a complaint against Hitchman.

In it, the Plan alleged that negligent and fraudulent acts by Hitchman caused it to pay more than. The Governing Board has contracted with the Ohio FAIR Plan Underwriting Association for administrative and claims services and has developed a Plan of Operations and the necessary forms for the implementation of this program.

Ohio Fair Plan Underwriting Association was founded in The company's line of business includes the underwriting of fire, marine, and casualty barnweddingvt.comon: Corp Exchange Dr, Columbus, OH , United States.

The Governing Board has contracted with the Ohio FAIR Plan Underwriting Association for administrative and claims services and has developed a Plan of Operations and the necessary forms for the implementation of this program.

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