Community Insurance v. Ohio Department of Transportation

I must respectfully dissent. The majority concludes that R.C. 2743.02(D) bars subrogation actions brought by insurers against the state. The majority holds that an insurer cannot have an independent claim, based upon a subrogation agreement with their insured, for damages against the state. I disagree.

I

The majority states that it finds “no support for concluding that the General Assembly intended that subrogation claims against the state should be treated differently from subrogation claims against political subdivisions.” (Emphasis added.) However, today’s decision ignores the state’s waiver…