SMEARMAN MARSHALL LLC

General Insurance Defense

The attorneys at Smearman Marshall approach each case, no matter the size, with a concentrated focus upon the issues, and engage in a timely and very thorough investigation to assess all aspects of the case. Our attorneys will delve into the details, and provide an efficient, targeted defense of the case. We pride ourselves on promptly responding to our client’s inquiries and needs, and strive to provide a detailed analysis of the issues facing them. This leads to solid, successful results.

Our attorneys have litigated cases on behalf of insurers and their insureds in various courts throughout Ohio. These cases involved a range of matters, including:

Insurance Coverage

Our firm provides advice to insurers regarding their obligations to policyholders, as well as their rights and obligations with respect to other insurers. Over the years, our insurer clients have routinely called upon us to help them evaluate coverage for a wide variety of claims, including construction defect lawsuits, product liability class actions, and homeowners’ casualty claims. We frequently author coverage opinions addressing issues arising under commercial general liability, errors and omissions, excess and umbrella, first-party property, stop-loss, and other types of policies. We also help clients navigate potential and actual disputes related to claims-handling practices, the defense and settlement of liability claims on behalf of policyholders, and equitable rights and obligations with respect to co-insurers.

Although we pride ourselves on our ability to provide sound advice that often helps our clients avoid lawsuits, litigation is sometimes inevitable. Our attorneys represent insurers in breach of contract and bad faith lawsuits in state and federal courts. Drawing on deep knowledge and experience in this area of law, we have been highly successful in defending our client's coverage positions and claims handling practices.

Governmental Liability

Our firm’s experience is unparalleled in the representation of state and local government entities and law enforcement personnel. Our firm has notable experience in matters involving police excessive force, highway and road design, traffic-related matters, wrongful imprisonment, and civil rights claims.

Our firm’s attorneys possess a wealth of knowledge and experience working with the unique body of laws applicable to the public sector. With this knowledge, our attorneys insure that our public sector clients achieve their objectives of protecting constitutional rights, preserving statutory immunities, vigorously defending frivolous lawsuits, and providing a superior defense of public employees and entities.

Probate/Estate Planning

Our attorneys have vast experience with guiding families to create comprehensive plans for the transfer of assets, and caring for loved ones. Our role as advisors in this area allow us to gain an understanding of a person’s or family’s desires and plans and assist them to accomplish their estate planning goals through preparation of wills, trusts, powers of attorneys, and advance directives (living wills and health care powers of attorney).

Families turn to Smearman Marshall, LLC in their greatest time of need upon the passing of a spouse, parent or family member to assist with probate and asset transfer matters. Our attorneys have extensive experience in estate and trust administration, leading our clients through a very difficult time, and providing prompt and efficient service. It is our goal to earn the client’s trust so that the next generation will likewise turn to our firm for guidance.

Our firm handles a variety of estate planning matters, including gifting and planning for the distribution of an individual's property at his or her death. We work with the client to consider wills, taxes, insurance, property ownership options and trusts in order to gain the maximum benefit of the law, while carrying out the client's wishes.

Business Law

Our attorneys are proud to assist many small to mid-sized business throughout Ohio with understanding and solving their legal issues and concerns. We view our role as trusted advisor as an integral part of the business’ success. We strive to learn about our clients’ business and practices to help them grow and develop, while protecting their goodwill and assets. This allows us to focus upon the issues facing the business and then problem solve with the company to arrive at solutions.

As “in-house” counsel to our clients, the attorneys at Smearman Marshall assist with a wide variety of matters, including:

Employment

Our firm offers a broad range of services to individuals and employers alike. We advise and represent clients on employment issues including wrongful termination, employment discrimination, retaliation, wage claims, and sexual harassment. Additionally, we are involved with the interpretation and enforcement of employment contracts, post-employment restrictive covenants, change of control agreements, and ERISA benefit plans.

Our attorneys bring to this practice area extensive experience in litigation, representing both employers and employees in state and federal courts and in arbitrations. At the same time, we emphasize preventive lawyering, provide practical advice for resolving disputes, and keep the disputes from escalating to litigation. We provide advice and training to businesses regarding their legal obligations and personnel practices, draft personnel policies and manuals, and negotiate employment and severance agreements for both individuals and companies.

Real Estate

Our firm represents purchasers and sellers of commercial, industrial, agricultural, and residential real estate in all aspects of property acquisition, development, financing, ownership, leasing, and operation. Our attorneys have extensive experience in the areas of: