Skip to main content
Article
Lovewell v. Physicians Insurance Co.: Personal Liability for Prejudgment Interest
Cleveland State Law Review
  • Karin Mika, Cleveland-Marshall College of Law
Publication Date
1-1-1997
Disciplines
Abstract

This article discusses the Ohio Supreme Court's decision in Lovewell by walking through the case from trial court to the final Supreme Court decision. The case raises many issues regarding the future of litigation involving parties who refuse to settle pursuant to a contractual right. Although, on the surface, it would appear that the court clarified what entity would ultimately be responsible for paying a prejudgment interest award, its failure to address other issues left open the potential for future litigation concerning the traditional relationship between the insurer and the insured. While Lovewell does not necessarily mean the death knell for "right to refuse settlement" clauses, both insurers and insureds need to be made aware of the potential risks of having a contract that includes such a clause.

Citation Information
Karin Mika. "Lovewell v. Physicians Insurance Co.: Personal Liability for Prejudgment Interest" (1997) p. 723
Available at: http://works.bepress.com/karin_mika/47/