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OH SB326
Bill
Status
4/8/2014
Primary Sponsor
John Eklund
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AI Summary
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Amends section 3345.40 of the Revised Code to expand the definition of "collateral recovery" in civil actions against state universities or colleges to include insurance proceeds, disability awards, settlements, and any other collateral recovery received by a plaintiff.
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Changes language in section 3345.40(B)(2) from requiring disclosure and deduction of "benefits" to requiring reduction of recoveries by the aggregate of "collateral recoveries" that plaintiffs receive or are entitled to receive.
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Prohibits insurers or other persons from bringing subrogation actions against state universities or colleges with respect to collateral recoveries.
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Makes technical corrections to section 3345.40 and section 2743.02, including changing "person" to "personal" and "persons" to "person" in relevant provisions.
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Explicitly abrogates the Court of Appeals decision in Adae v. Ohio, 2013-Ohio-23, which held that settlement proceeds are not subject to collateral set-off against recoveries against state universities or colleges.
Legislative Description
Relative to the set-off of collateral recoveries against damages awarded in certain civil actions against state universities or colleges.
Civil actions against state universities-collateral recovery set offs
Last Action
To Civil Justice
4/8/2014