Personal Service Insurance v. Mamone

The determinative issue in this appeal is whether the proposed civil penalty assessment issued by appellant Mamone constitutes an unconstitutional impairment of PSI’s surety contract which was executed prior to the effective date of R.C. 1513.02(F)(1). For the reasons that follow, we reverse the judgment of the court of appeals which held that the proposed civil penalty assessment was unconstitutional as applied to PSI.

Appellee PSI argues that the proposed civil penalty assessment against it for violating reclamation standards amounts to an unconstitutional retroactive impairment of the…