The Law Firm of Droder & Miller

Subrogating a claim after details about liability arise

2026-06-25T17:54:21Z

Insurance companies often sustain financial losses when policyholders need to use their coverage, especially if their claims are significant. Insurance companies may defend against claims when there are questionable details about the situation. They may also be able to recover funds already paid through subrogation when new information comes to light after the company pays a claim. The subrogation process can be relatively complex, and insurance providers often need guidance, especially if there are disputes about liability that cause complications during subrogation attempts.

What is subrogation?

Subrogation is essentially the process of one insurance company seeking compensation from another for a claim already paid. When information reveals that the policyholder was not, in fact, the liable party for the incident, another insurance company that covered the party at fault for the incident may need to reimburse the original insurance provider. For example, health insurance companies can pursue subrogation if they pay claims for care that later turns out to be the result of premises liability scenarios. If someone fell while at a business or a private residence, the premises liability coverage of the company or property owner may technically need to pay the costs of the claim already covered by the health insurance provider that covers the injured person. Subrogation requires a thorough analysis of the claim at issue and of all applicable policies. Negotiations, paperwork and even litigation may sometimes be necessary to secure compensation for a paid claim from another insurance company. Consulting with an insurance defense attorney can help those in the insurance sector minimize unnecessary financial losses and more effectively recoup funds paid through subrogation.

3 estate planning documents every modest estate deserves

2026-06-15T14:09:57Z

Many people assume estate planning only matters for those with significant wealth. If a person owns a large home, multiple investments or a business, estate planning seems like an obvious step. However, families with more modest estates often benefit just as much from having a plan in place. Estate planning is not about the size of an estate. It is about protecting the people and property that matter most. Here are three estate planning documents that everyone should consider having.

1. A will helps ensure property goes to the right people

A will remains one of the most important estate planning tools available. It allows a person to name beneficiaries, select an executor and provide instructions for distributing property after death. Without a valid will, state law generally determines who inherits assets. Those rules may not reflect a person's wishes or family circumstances. Even a modest estate can include valuable items such as a home, vehicle, savings account or family heirlooms. A will helps provide clear direction and can reduce the likelihood of disputes among surviving relatives.

2. A durable power of attorney protects financial matters during incapacity

Estate planning addresses more than what happens after death. It also helps prepare for unexpected situations during life. A durable power of attorney lets a trusted person manage financial matters if someone loses the ability to handle them independently. That authority may include paying bills, accessing bank accounts or managing property. Without this document, loved ones may need to seek court involvement before assisting with important financial decisions. A durable power of attorney can help families respond more efficiently during difficult circumstances.

3. An advance health care directive gives a voice to medical wishes

Medical emergencies can happen at any stage of life. An advance health care directive allows a person to communicate treatment preferences and appoint someone to make health care decisions if they cannot speak for themselves. This document can provide guidance during emotionally challenging situations. It may also reduce uncertainty for family members who want to respect a loved one's wishes while making difficult medical choices.

Planning for peace of mind

A modest estate still deserves thoughtful planning. Every family has unique needs and goals. Seeking legal guidance can help so that estate planning documents reflect personal circumstances and provide meaningful protection for the future.

When do startups need to report BOI to FinCEN?

2026-06-12T00:04:09Z

The Corporate Transparency Act (CTA) has been controversial for years. Ever since Congress passed the CTA, businesses and organizations that advocate for businesses have questioned whether the Financial Crimes Enforcement Network (FinCEN) has the authority to force disclosures from business owners and other interested parties. There have been numerous lawsuits related to the CTA, specifically the requirement to report beneficial ownership information (BOI) details to FinCEN. Currently, court rulings have impacted the implementation of the CTA. Only certain circumstances make BOI reporting mandatory.

When is BOI disclosure necessary when starting a new company?

Originally, the CTA mandated BOI reporting for any domestic business with an opaque business structure. Corporations, LLCs and other businesses not held directly in the name of specific individuals had an obligation to report anyone with a BOI. The CTA defines a BOI as a 25% or greater stake in the company or a role informing the business by filing state paperwork. Court rulings have largely eliminated the need for BOI disclosures. Only companies that have foreign owners or investors are currently subject to BOI reporting mandates. If a company fails to make BOI disclosures, the potential penalties include substantial fines and also possibly criminal prosecution for the people who failed to make necessary disclosures. New companies subject to BOI reporting requirements only have 30 days after registering the business in the United States to file the necessary paperwork. The CTA is one of many new laws that could affect business operations and cause financial hardship for those starting new businesses. Working with a business law attorney can help company owners and executives to better ensure that they consistently comply with all relevant federal and state regulations.

Do you need to leave someone $1 to disinherit them?

2026-06-04T08:37:15Z

To begin making your estate plan, you know that you want to disinherit one of your adult children. Maybe the two of you are estranged and have not seen each other in decades, or perhaps it is for a more practical reason, such as the fact that that child is very well off financially and does not need an inheritance. You may have seen a piece of common advice, which is to give someone a minimal inheritance. To cut them out of the will, for example, it may be recommended to leave them just one dollar. Do you actually have to do this, and why would someone choose to leave such a small inheritance?

Identifying them by name

No, you do not have to leave someone a small inheritance to cut them out of your will. Instead, you can just identify them by name. You can make it clear that they are not supposed to receive any of the assets from your estate. A few lines in your estate plan may be all that you need. The reason why people will leave a minimal inheritance is to make it clear that this is something they did on purpose. If you just omitted that child from the estate plan entirely, it could lead to an estate dispute. They may claim that it was a mistake, an oversight or simply a situation where you forgot to include them. By leaving them a minimal inheritance, you demonstrate that this is what you intended. But you can also do so simply by identifying them by name, without leaving them anything.

Drafting your estate plan

Disinheriting a beneficiary is a big step to take, and it can lead to potential conflicts. That is why it is so important to know exactly what legal options you have when setting up your estate plan.

Using civil litigation to end a contract after a breach

2026-05-19T15:54:10Z

Maybe a homeowner signed a contract with a lawn maintenance or snow removal company that has not fulfilled its obligations. Perhaps a business owner contracted with a vendor who failed to make deliveries as promised. In circumstances where a breach of contract occurs, the agreement may remain in effect until the fulfillment of all other contract requirements. The inclusion of a severability clause means that the contract remains in effect even if there are breaches of certain parts of the contract. Going to court may be necessary to terminate contractual obligations and avoid a contract lawsuit brought by the other party.

Judges can end valid contracts

People who no longer want to do business with someone else or a specific business due to a prior breach can officially terminate their legal obligations through a contract lawsuit. Judges have the authority to uphold the contract or award damages to the plaintiff. They also have the option of ordering judicial contract rescission, which effectively cancels the contract. If the contract is valid despite issues with the other party fulfilling their obligations, litigation to terminate the contract can protect businesses and individuals from litigation brought by the other party. If the party affected by the breach of contract refuses to render payment for a delivery not provided or withholds final payment as a means of compelling the other party to perform work that fulfills contractual obligations, they could face allegations of a breach of contract. Terminating the contract is necessary to prevent secondary breaches. Partnering with an attorney who has experience overseeing contract litigation can help those affected by contract breaches recover their losses and avoid additional legal challenges. Civil litigation can offer effective solutions for people frustrated by contract breaches.

Will your kids inherit your credit card debt?

2026-05-05T18:07:48Z

Many people operate with a substantial amount of debt. People often have credit card debt that they pay off on an ongoing basis. Even though they may pay it off at the end of the month, they are constantly making new charges on that account. As you make your estate plan and determine how your assets are going to be split up among your children, you may find yourself worried about this debt. If you passed away unexpectedly tomorrow, there could still be a significant balance on your credit card. Would this become a financial burden for your children?

Debts and taxes

Fortunately, the answer is generally no. Children are not going to inherit debts, including credit card debt, tax debt, mortgage debt, student loan debt or other personal obligations. The exception, of course, is if it is already a joint debt. If you and an adult child are co-owners on a financial account, they may still need to make the payments, even if you pass away. When it comes to personal debt, those obligations are typically paid out of your estate. After you pass away, your estate executor gains access to your accounts. Creditors can make claims, and the executor can use estate funds to pay off outstanding debts. They may also need to address final tax obligations, such as income or property taxes. Because the estate handles these payments, your children generally do not have to worry about inheriting those debts.

The complexities of estate planning

This helps demonstrate some of the complexities involved in drafting an estate plan and considering both your assets and obligations. It can help to work with an experienced attorney to ensure everything is handled properly.

When can you ask to modify a parenting plan after divorce?

2026-04-21T14:37:58Z

Life often changes after a divorce. The parenting plan that made sense when your case ended may not fit your family’s day-to-day life anymore. When that happens, you may need to ask the court to modify the plan. That does not mean you can seek a change just because the current arrangement feels frustrating or inconvenient. Courts usually want to see a real reason to revisit the issue. The question is whether the existing plan still serves your child well.

Some changes are easier to request than others

Not every parenting issue is treated the same way. You may want to adjust the weekly schedule, change exchange times or update how holidays are handled. In other situations, you may want to change who makes major decisions for your child or ask for a broader custody change.

That distinction is important. Courts may treat a request to adjust parenting time differently from a request to make a larger custody change. A family law attorney can help you understand what kind of change you are really asking the court to make.

When a parent may have grounds to ask for a change

A court usually expects to see a meaningful change in circumstances before it will modify a parenting plan. The reason should connect to your child’s well-being, not just your own frustration with the current setup.

Common examples include:

A major change in your work schedule
A move that affects the parenting schedule
Ongoing problems following the current order
A big change in your child’s school or activity schedule
New concerns about your child’s health, safety or stability

These situations do not guarantee that the court will approve a modification. They simply show the kind of developments that may justify asking for one.

The court will still look at the child’s best interests

Even if you have a valid reason to ask for a change, the court still has to decide whether the new arrangement would serve your child’s best interests. Judges usually value stability. They do not want to disrupt a child’s routine without a good reason.

That is why it helps to be specific. You should be prepared to explain how the current plan is no longer working and why the change you want would better support your child’s daily life.

Parents should not rely on informal changes alone

Many divorced parents make small changes to the parenting schedule on their own. That may work for a while when communication is strong. However, problems often start later when one parent stops cooperating or remembers the agreement differently.

Even if you both agree on a new routine, it may still make sense to put that change into a court order. If you do not, the original order is usually still the one the court can enforce. A lawyer can help you decide when an informal adjustment has become important enough to formalize.

Timing can make a difference

Some parents wait too long because they hope the issue will resolve on its own. Others go to court too quickly, before they have enough facts to support the request. Neither approach usually works well.

It often makes sense to ask for a modification when:

The problem keeps happening instead of coming up once in a while
The change is affecting your child’s routine or well-being
You can point to specific facts instead of general frustration
The current plan no longer reflects how your family actually lives

A parenting plan should work in real life and not just on paper. When it stops doing that, you may have a valid reason to ask the court for a change.

How employee misclassification can cost your business

2026-04-19T20:53:09Z

Many employers misclassify workers as independent contractors with good intentions – for example, to cut overhead, stay flexible or simplify payroll. However, the law doesn’t consider intentions. If the work relationship looks like employment, a worker should be treated as an employee, regardless of what their contract says. If your business relies on contractors, freelancers or gig-style workers, understanding employee misclassification can help you protect your business from costly problems.

The legal and financial risks

Misclassifying workers can create a chain reaction of financial and legal issues. Your business may be liable for:

Unpaid overtime and minimum wage claims
Back payroll taxes
Unemployment compensation contributions
Unpaid workers’ compensation premiums
Employee benefits disputes
Penalties and interests
Attorney fees and litigation costs

The reputational impact can be just as damaging. Allegations of misclassification can raise questions about how your business treats workers, which can affect trust with clients, partners and even future hires.

Common red flags for businesses

Your classification practices may need review if your workers perform core business functions, work set schedules and work only for your company. Additional warning signs that may indicate an employee relationship rather than an independent contractor arrangement include providing tools or equipment and closely supervising day-to-day tasks.

How to protect your business

Clear contracts help, but they are not enough on their own. What matters is whether your working relationships match how those workers are legally classified. That distinction isn’t always obvious from the inside, and the cost of getting it wrong rarely shows up until it’s too late to fix issues in time. The best defense is a proactive review of your workforce structure, and that’s where experienced legal guidance becomes essential. It can help you establish clear, defensible classification practices so your business is not relying on assumptions or outdated arrangements that could later create liability.

When can you sue for punitive damages in Ohio?

2026-04-06T14:52:13Z

In most civil cases in Ohio, the goal of a damage award is to cover your losses and put you back in the position you were in before the harm occurred. But some cases involve conduct for which compensation alone does not seem adequate, and punitive damages exist to address that gap.

What the law requires before punitive damages apply

Under Ohio law, you may recover punitive or exemplary damages only after you recover compensatory damages and prove your claim with clear and convincing evidence. You must show that the defendant acted with malice or engaged in serious or intentional fraud. If the defendant is a company, you must also show that a manager or supervisor knew about the conduct and approved it, took part in it or later accepted it.

Where punitive damage claims often arise

Some of the more typical scenarios include:

Drunk driving crashes where the at-fault driver had prior offenses or an extremely high blood-alcohol level
Defective product cases where a manufacturer knew about a dangerous flaw and continued selling the product
Fraud-based claims where a party engaged in deliberate deception that caused financial or physical injuries

Ultimately, these scenarios all demonstrate a conscious disregard for the safety of others that carries a great probability of causing substantial harm.

How Ohio limits and structures these awards

Even when the facts warrant punitive damages, the state places statutory caps on the amount a jury may award. In most cases, punitive damages may not exceed twice the amount of the compensatory award. For individuals and small employers, the limit is the lesser of two times your actual damages or 10% of the defendant’s net worth, up to an absolute maximum of $350,000. Additionally, state law dictates that upon the request of either party, the court must divide the proceedings into a two-phase trial. During the first phase, the jury considers only whether you are entitled to compensation for your losses. If it rules in your favor, the trial moves to a second stage dedicated solely to evidence regarding the punitive penalty.

What is the difference between a will and a trust in Ohio?

2026-03-18T16:15:37Z

You have worked hard to build your wealth and you want to make sure it transfers to your family as intended. You may question whether a will or a trust better aligns with your goals. Both instruments can direct your assets under Ohio law, but they operate under different legal frameworks.

How a will controls your estate in Ohio

A will is a legal document that becomes operative after your death. In Ohio, your will must be admitted to probate in the county where you resided at death, though estates under $35,000 may qualify for release from administration. A will can also include guardians for your minor children and specify the distribution of your assets. Once admitted to probate, the will becomes a matter of public record. You designate an executor to administer your estate, but some limits are important to understand:

Your estate must go through probate in Ohio
Your financial details may become public
You have less control over when heirs receive assets

These factors can affect how your family experiences the process.

How a trust can change the outcome for your family

A revocable living trust operates during your lifetime and after your death. You transfer assets into the trust during your lifetime and you avoid probate only for assets properly titled in the trust’s name before your death. You can serve as trustee and retain control during your lifetime. If you become incapacitated, a successor trustee can assume fiduciary responsibility. A trust offers greater privacy because it is not filed with the probate court and it gives you more control over when and how assets pass to your heirs, which can help protect wealth across generations. A trust requires ongoing planning and maintenance, and assets must be transferred into it to operate in accordance with its terms.

Choosing the structure that protects what you built

Your decision often comes down to control, privacy and administration for your family. Many Ohio estate plans incorporate both a will and a trust in which case a pour-over will can serve in conjunction with your trust. When your estate includes high-value assets or complex objectives, the structure assumes greater importance. Careful planning and clear legal guidance can help align each tool with the future you want to protect.