Volume 178 — North Eastern Reporter, Third Series

CIVIL-ADMINISTRATIVELAW-INSURANCE - Common pleas court did not abuse its discretion by finding Department of Insurance's order revoking Appellant's insurance license was supported by reliable, probative, and substantial evidence where: (1) Appellant stipulated to impersonation of a client and (2) evidence supported finding that Appellant knew or should have known document submitted to support his disability claim was forged also, common pleas court did not abuse its discretion when it determined department's order was in accordance with the law and principles of due process while there must be strict compliance with the administrative hearing process outlined in Chapter 119, Appellant provided no authority in support of his argument that R.C. 119.09 mandates that an order of the Department of Insurance must be mailed to the affected parties and their attorneys or other representatives of record simultaneously.

CIVIL-SUMMARY JUDGMENT-PRESENTATION OF CLAIM AGAINST ESTATE-R.C. 2117.06-STRICT COMPLIANCE - The trial court's grant of summary judgment concluding that plaintiff cannot collect from the assets of the estate due to his failure to strictly comply with the requirements of R.C. 2117.06 is affirmed however, to the extent the trial court's order also held that all of plaintiff's claims were completely barred against the estate, as opposed to simply barring collection from the estate, the order exceeded the relief requested in the summary judgment motion and, therefore, must be reversed further, despite failing to properly present a claim against the estate in accordance with R.C. 2117.06, plaintiff was entitled to pursue his personal injury action against the estate for purposes of seeking recovery from assets outside the estate, primarily any insurance coverage available to decedent at the time of the accident.

Fourth Amendment seizure search warrantless traffic stop concealed carry violation plain view immediately apparent inadvertent. Trial court erred in granting motion to suppress evidence where traffic stop was constitutionally valid and police observed contraband in plain view.

Plea agreement term forfeiture money drug trafficking waiver statutory excessive fine manifest weight evidence burden proof. Because defendant's forfeiture to the cash was ancillary to the plea agreement and not R.C. Chapter 2981, she had no basis to challenge the court's failure to adhere to the statutory provisions for forfeiture. The trial court's determination that the monies seized from defendant did not derive from a legitimate source was not against the manifest weight of the evidence. The record reflects that the trial court performed an analysis that included a determination as to whether the forfeiture was grossly disproportionate.

Deception to obtain a dangerous drug R.C. 2925.22(a) sufficiency of the evidence manifest weight of the evidence.

CERTIFIED MAIL – SIGNATURE – PANDEMIC – RETURN RECEIPT – CIV.R. 4.1 – SERVICE OF PROCESS - JURISDICTION: Service of process was not effective under Civ.R. 4.1(A)(1)(a) where the mail carrier signed the certified mail receipt on behalf of the recipient due to the Covid-19 pandemic, in contravention of United States Postal Service guidelines, and there was no order permitting the postal employee's signature to constitute proper service on the defendant in light of the pandemic. Therefore, the trial court never acquired personal jurisdiction over the defendant and lacked jurisdiction to enter a default judgment against it.

Insurance policy interpretation of policy limits products completed operations hazard post-judgment interest.