Firm News

August, 2018

Every auto subrogation professional handling Ohio claims should be aware of a new law aimed at making it easier for suspended drivers to get back on the road.

Governor John Kasich on August 3, 2018 signed into law House Bill 336, known as the “Reinstatement Fee Amnesty Initiative.” The new law will require the Ohio Registrar of Motor Vehicles to establish a 6 month driver’s license reinstatement fee reduction and amnesty program.

For those subrogation professionals who use license suspensions as a method of recovery, this is a law that needs their attention. Under this new statute, individuals with suspended licenses who have committed an “eligible offense” can apply to the Ohio BMV to either have their reinstatement fees reduced or have the fees waived completely if they meet various criteria.

RMI was pleased to participate and co-sponsor “Burn it – to Learn it” - a day long information packed fire investigation and insurance subrogation/adjuster seminar.

The event featured a morning classroom program addressing legal and insurance issues.  The program was held at the Norwich Township and Fire Department state-of-the-art training facility. A live burn was held in the afternoon at the adjacent Franklin County Fairgrounds. The program was attended by approximatey150 representatives of the insurance industry (adjusters, subrogation units and in-house counsel), agents, property managers and local fire officials.

The classroom portion featured insurance issues including proper and compliant notice, roles and duties of the front line adjuster & subrogation unit, scene preservation, avoidance of bad faith claims, impacted third parties, losses involving injuries and proper damage documentation.

RMI partner David Matejczyk was a presenter on the insurance and legal issues from a fire loss.

Failure to Properly Respond Per Ohio Civil Rules May be Fatal to Your Subrogation Claim

In Ohio, court documents may arrive in several different forms. The court document or pleading most likely to be seen first would be a “Summons and Complaint” naming a plan or TPA (usually improperly named) as a defendant, which is very common in Ohio. In fact, some courts require the subrogated interest(s) such as a health plan or workers comp lien to be added as a party where not originally named. The document you receive may be an initial complaint alleging injury or an amended complaint by which the lien interest is being added to the already ongoing litigation. 

Under Ohio law, a defendant has only 28 days from the date the summons and complaint or amended complaint are first received in which to answer. The 28 days begins running as soon as the party or its agent (i.e., statutory agent, TPA, any office address, etc.) receives the suit papers. We all know this time can pass all too quickly during the press of ordinary business, while the court document is first associated with a particular member (or subscriber’s relative) and eventually makes its way to the appropriate handler for the first time.

A timely phone call to Ohio outside counsel, even with limited information, can help stave off the potentially bad consequences of a late response. It should be emphasized here that it is not sufficient at this point under either the Ohio civil rules or practical experience for the file handler to simply call or write the plaintiff’s attorney – the simple fact is that you need to get right with the court through counsel at the peril of your subrogated interest.

Invitation....

RMI is pleased to have been asked to participate in an information packed fire investigation and insurance adjuster/subrogation live burn seminar being held Friday, June 22, 2018, 9:30 am to 1:30 pm at the Norwich Township Fire Department, 5181 Northwest Parkway in Hilliard, Ohio.

Your company’s adjusters, managers, subrogation units and in-house counsel are invited to attend.

Lunch is provided. Please RSVP to Michelle Hoffman (Ph. 614-863-9650) or This email address is being protected from spambots. You need JavaScript enabled to view it.

Ohio’s “sudden-medical emergency” doctrine has long been utilized by defense insurers and counsel to defeat subrogation cases. The defense is often used by insurers who claim a sudden medical or other emergency resulted in a driver losing control of a vehicle and colliding with a building.

In three recent cases, RMI has successfully challenged the defense resulting in $350,000.00 in aggregate subrogated recoveries by way of a verdict and two settlements.

All three cases involved property losses to buildings sharing a common denominator of a complete denial of liability by the vehicle insurer based on the sudden emergency doctrine. Two of the cases involved alleged medical emergencies.

Tim Ita tried a case to verdict in Hamilton County with a 100% liability finding in his client’s favor, an insurer of a retail store. The defendant driver claimed a sudden emergency resulted in his swerving onto the sidewalk and crashing into the storefront. Tim Ita also litigated and settled a claim for $146,000 involving a residential loss where the defense was that the commercial operator of a heavy equipment truck had lost consciousness from choking and collided with the insured’s home.

David Matejczyk recently litigated and resolved a “sudden-medical emergency” case in the sum of $180,000 for a subrogated insurer. The defense insurer maintained its driver collided with a commercial building because she allegedly lost consciousness. In that case, RMI immediately visited the loss site and matched witness statements as to specific locations along the route of travel. It was successfully argued that there was nothing “sudden” about the driver’s loss of consciousness, and that she continued driving despite warning signs of her condition.

Once again, Ohio is gripped with plunging temperatures and resulting claims from pipe freeze losses.  Recently, RMI was pleased to present a program along with Lee Fire Protection on “Sprinkler System Freeze Failures: Causes, Investigation and Successful Subrogation.” The webinar was a joint presentation with PLRB and NASP.

Plumbing failures occur when water in a system freezes. Water expands when it changes from liquid to solid, and if there are not sufficient air pockets a pipe break will ensue. Often the failure is not evident until a thaw or warming in temperature, sometimes two to three days after the bitter cold spell ends. The resulting escape of water can be catastrophic. RMI has successfully litigated multiple cases involving freeze failures in sprinkler systems, along with other pipe freeze and other plumbing failures.

Recently the firm had a $516,000.00 pipe break water loss subrogation settlement at a commercial building in northern Ohio. The case was litigated by RMI Attorney David Matejczyk.

Other significant recoveries by the firm have involved six digit settlements on freeze failures involving contractors who deviated from the standards set forth in NFPA 13 (Standard for Installation of Sprinkler Systems, and NFPA 25 – Inspection Testing and Maintenance of Water-Based Fire Protection Systems).  RMI Attorneys  David Matejczyk and Glenna Roberts have litigated multiple large and small losses involving freeze failures, NFPA 13 and NFPA 25. The firm also this past year added to its property division Attorney Dustin Smith  a graduate of Ohio State’s engineering program whose background includes fluid and thermodynamics.

RMI partner David Matejczyk, who has participated in hundreds of fire scene examinations in Ohio during his legal career, was a co-presenter at the NASP Annual Conference on the topic of safe and successful fire scene examinations.

The program titled “Fire Scene Safety, Preservation, and Relationships: Three Keys to a Safe and Successful Fire Investigation Subrogation” addressed steps to a successful fire scene investigation.

Co-presenters included the Chair of the IAAI Health and Safety Committee along with another experienced subrogation counsel from a neighboring state.

The program addressed the health and safety risks associated with site inspections, the legal risks associated with improperly handling site inspections, and the interpersonal conflicts that may exist during the site inspection process. The presentation addressed issues that arise during the early stages of a fire loss investigation: (1) the often overlooked environmental and physical hazards; (2) the sometimes overlooked NFPA 921 mandates for site access, site exams, and evidence preservation; and (3) the interrelationships between those involved in the investigation process and the conflicts that sometimes develop.

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!

RMI Attorneys Amanda Martanovic and Glenna Roberts were presenters at a popular session in November during the 2017 NASP Annual Conference held in Austin, Texas, titled “Anatomy of an Auto Subrogation Trial.” The unique program involved a mock automobile subrogation trial where attendees played the role of jurors during the program.

Attorney Martanovic represented the insurer as the plaintiff’s subrogation counsel. In her role, she presented an opening statement, cross and direct exam of witnesses, and closing arguments. Attorney Glenna Roberts acted as judge during the trial, ruling on objections and instructing the jurors prior to deliberations.

The trial involved subrogaton professionals from the industry serving as trial witnesses (insureds, adjuster and fact witnesses). In this formidable battle between the parties, liability was evaluated, damages were dissected, and the credibility of witnesses was assessed. At the conclusion, the jury was instructed and deliberated before rendering a verdict that was then discussed at length.

Amanda Martanovic leads the auto subrogation department at RMI. She has litigated multiple automobile cases throughout Ohio. Glenna Roberts is a founding partner at RMI.

After a four day trial, a Franklin County, Ohio jury issued a verdict in favor of a subrogated insurer and its insured, awarding damages in the amount of $651,355.00.

The case, COMTEX, et al. v. Turner / PSC Metals, was tried by Roberts, Matejczyk & Ita attorneys Glenna Roberts and Dustin Smith.

The $651,355.00 award was the exact amount requested in closing by Attorney Roberts.

The subrogated insurer and insured successfully argued that the defendant, a large nationwide scrap metal company, had wrongfully converted product belonging to the insured. The defendant made only a nominal offer prior to trial. The case involved expert testimony as to standards of care in the industry and valuations.

On the fourth day of trial, the case went to the jury, who deliberated for two hours before making the award. A motion for prejudgment interest has been filed.

Dustin Smith has joined Roberts, Matejczyk & Ita Co. as an associate attorney.

“Dustin brings an engineering background that makes him a natural fit to the property section of our subrogation practice,” noted partner Glenna Roberts.

He will primarily work on subrogation assignments from insurers involving commercial and residential fires, cases involving electrical and mechanical failures, water losses, construction defects, structure failures and product liability claims.

Dustin is a 2014 graduate of Cleveland Marshall College of Law and a 2010 graduate of the engineering program at the Ohio State University. At Ohio State he obtained his bachelor degree in Aeronautical and Astronautical Engineering. He was a member of the university’s freshman Engineering Honors Program.

His engineering studies included extensive course work in electrical circuits, structural stress analysis, fluid dynamics and thermodynamics. While in college, Dustin also worked for a construction company in Columbus, Ohio.

RMI partner David Matejczyk was invited by Claims Magazine and sponsors of the ACE annual conference as a guest speaker at the annual ACE Conference held June 20-22, 2017 in Charolotte, North Carolina.

Dave was asked to present the topic “Maximizing Property Subrogation Recoveries: A Study of Current Subrogation Trends” to claims managers and professionals from across the country. The presentation covered not only trends in the industry, but a discussion of the role of the claims professional in the subrogation process.

 “It was enjoyable to not only address the claims side of our industry, but also having the oportunity to meet in person individuals who have been on the other side of multiple subrogation cases I have litigated througout the years,” noted Matejczyk. The session included an interactive dialoge as to the importance of front line adjusters and their initial involvement in the subrogation process. A formula and model used by many insurers on large claims was presented.   

The 2017 NASP Litigation Skills Conference held in Scottsdale Arizona, April 27-28, 2017 was a success. The two day conference featured experts, insurers and attorneys from across the country addressing the topic of subrogating construction defects.

RMI Partner Glenna Roberts chaired the conference.  Here is a link to the Subrogator Magazine conference wrap up: 2017 NASP Litigation Skills Article 

David Matejczyk was a co-presenter at the conference on the topic of "Overcoming the Independent/Subcrontactor Defense in a Subrogation Construction Case."

In addition to presenting the legal issues involved in this topic, attendees were provided with sample discovery materials to use when addressing this defense to a subrogation case. If you would like a copy of the sample discovery, please email This email address is being protected from spambots. You need JavaScript enabled to view it..

RMI Partner Glenna Roberts is chairing the 2017 National Association of Subrogation Professionals Litigation Skills and Management Conference being held in Scottsdale Arizona, April 27-28, 2017.  This years conference topics will center on Construction Defects.

David Matejczyk will be a co-presenter at the conference for the April 28 morning session.  Dave's topic will be "Overcoming the Independent/Subcrontactor Defense in a Subrogation Construction Case."  If you would like a copy of the power point presentation on this topic, please email This email address is being protected from spambots. You need JavaScript enabled to view it.

Celebrating 25 Years of Ohio Subrogation!