More Independent Counsel
The Supreme Court of Ohio held that the policyholder was sued for negligently and intentionally shooting the plaintiff. A finding of negligence at trial bound the insurer. The court explained that in Ohio an insurer must intervene at trial to protect its interests and argue that the policyholder acted intentionally, because the liability finding of the trier of fact may not be relitigated in a supplemental proceeding. In most states an insurer should never interpose itself into a lawsuit and has no right to so do because of the prejudice to the insured if the jury learns insurance is available.
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