Ohio appellate court finds expert testimony may not be necessary to prove claim against an insurance agent.

The Ohio Seventh District Court of Appeals reversed summary judgment in favor of an insurance agent and found that there was an issue of fact as to whether the plaintiff could establish a fiduciary relationship between the plaintiff and her agent and that it was possible for the plaintiff to prove a breach of duty and damages on behalf of the agent, even without expert testimony.

The agent has filed a discretionary appeal with the Ohio Supreme Court, arguing that the Court of Appeals opinion is inconsistent with well-settled Ohio law and upends the relationship between an agent and client. The agent’s counsel also argues that well-settled law establishes that expert testimony is required to establish a breach of the duty of care and damages in a case like this. The Ohio Supreme Court has not decided whether to accept the appeal at this time. If the Ohio Supreme Court declines discretionary jurisdiction, the opinion is only binding in the Seventh Appellate District in Ohio, but it may be persuasive authority in other jurisdictions as well.

^{Case Law Alerts, 1st Quarter, January 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2021 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.}