Common use of Union Fire Ins Clause in Contracts

Union Fire Ins. Co. x. Xxxxxx, 000 Xxxx Xx.3d 594, 2009- Ohio-3601, 000 X.X.0x 000. As a result, a firm can only be vicariously liable for malpractice when a principal or associate is liable for malpractice. Id. In other words, if the individual attorney is dismissed from the case (because of the statute of limitations or otherwise), the lawsuit cannot simply proceed against the law firm alone. Although the Seniah case involves legal malpractice claims and the Xxxxxx analysis discussed above renders the decision most poignant in the malpractice context, Seniah is potentially relevant to other types of cases that involve a tolling agreement left unsigned by certain parties. Just because a corporate entity/employer may enter into a tolling agreement in its own right does not mean that other parties—even those closely related to signing parties—are subject to its terms. Whatever the facts or circumstances may be, lessons learned from the Seniah case should be considered while negotiating and drafting tolling agreements as well as when attempting to enforce or avoid them in court.

Union Fire Ins. Co. x. Xxxxxx, 000 Xxxx Xx.3d 594, 2009- Ohio-3601, 000 X.X.0x 000. As a result, a firm can only be vicariously liable for malpractice when a principal or associate is liable for malpractice. Id. In other words, if the individual attorney is dismissed from the case (because of the statute of limitations or otherwise), the lawsuit cannot simply proceed against the law firm alone. Although the Seniah case involves legal malpractice claims and the Xxxxxx Wuerth analysis discussed above renders the decision most poignant in the malpractice context, Seniah is potentially relevant to other types of cases that involve a tolling agreement left unsigned by certain parties. Just because a corporate entity/employer may enter into a tolling agreement in its own right does not mean that other parties—even those closely related to signing parties—are subject to its terms. Whatever the facts or circumstances may be, lessons learned from the Seniah case should be considered while negotiating and drafting tolling agreements as well as when attempting to enforce or avoid them in court.