Firm News

Once again, forecasts in the Midwest are calling for plunging temperatures that frequently result in pipe freeze claims.

Located in frigid Ohio, RMI has years of subrogation experience on freeze failures and helping insurers recover on losses occurring during what our firm refers to as “pipe freeze season.”

Our property division includes counsel who have years of experience in freeze failures, one with an engineering degree and concentration in fluid dynamics.  A support staff member also is an engineering graduate.

The last 2021 and 2022 winter seasons saw RMI recover $1,260,000.00 on freeze claims, and we are again prepared to help insurers weather the predicted storms.  Freeze failures involve complex issues. RMI has a proven track record of immediate response, engaging the proper experts in cold weather related losses and recoveries. Freeze failures encompass sprinkler system installation, maintenance by service companies, construction errors, and faulty plumbing standards set forth in NFPA 13 (Standard for Installation of Sprinkler Systems), and NFPA 25 – Inspection Testing and Maintenance of Fire Protection Systems.

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Attorneys Amanda Martanovic and Dustin Smith have been named as new shareholders at Roberts, Matejczyk & Ita (RMI).  

Attorney Amanda Martanovic

Attorney Amanda Martanovic has led the auto subrogation division at RMI for the past several years.  

The first half of 2021 at RMI was highlighted by significant settlements in our property division; continued success, settlements and expansion of our auto division; and a host of recoveries in the RMI health care/workers compensation division.

On the property side, RMI’s time tested formula of immediate scene exams at loss sites continued to yield results in the first half of 2021.  Product liability settlements in the first two quarters involved dehumidifiers, dryers, dishwashers, gas and water hoses and related connections.  Significant six digit settlements were reached in claims involving explosions, electrical fires, and structure collapse cases.  A trend noticed during Covid 19 showed an uptick in rental property cooking fires, and several early resolutions occurred on those losses. 

This past month, RMI partner David Matejczyk and Brian Churchwell of Churchwell Fire Consultants provided a webinar in conjunction with NASP and the IAAI on fires and explosions involving death and serious injuries.    

RMI’s auto division continues to grow, aided by an upgrade in collection software and additional legal assistants joining the firm. The auto division has litigated and recovered on complicated legal issues involving out-of-state policies, under-insured and coverage matters.  On the subrogation auto industry side, RMI’s Amanda Martanovic has again been selected as the Auto Subrogation Track leader for the 2021 National Association of Subrogation Professional’s upcoming 2021 Annual Conference.

March 16, 2020

In a unanimous decision, the Ohio 10^th Appellate District has upheld a $651,335.00 jury verdict in favor of a subrogated insurer and its insured. The case, COMTEX, et al. v. Turner / PSC Metals was tried in the Franklin County Court of Common Pleas, and argued in the appellate court by RMI Attorneys Glenna Roberts and Dustin Smith.

The February 20, 2020 ruling upheld a verdict that had been challenged in post-trial motions and then on appeal since the verdict was rendered back in 2017. The original verdict after a four day trial involved a commercial subrogation claim asserting a large nationwide metal recycling corporation had wrongfully converted product belonging to the insured.

The appellate court ruled that the trial judge properly decided a duty to mitigate instruction was inapplicable under the facts of the case. The opinion noted “the duty to mitigate arises only where the injured party has knowledge that it has sustained damages.” The court also held that under Ohio law, contributory fault is not available as an affirmative defense in a conversion case. The appellate court further ruled the trial court did not err in denying the defense motions for judgment notwithstanding the verdict and for a new trial.

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Attorney Jeffrey Baill, founder of the National Association of Subrogation Professionals, was presented with the organization’s first Lifetime Achievement Award in Austin, Texas at the annual convention.  RMI partner David Matejczyk was pleased to participate in the presentation along with three other original board members of NASP. Congratulations Jeff Baill, and thank you for your efforts on behalf of all subrogators!