Washington partner's win in Sager
Washington partner Patrick Hofer was mentioned in an April 11 Mealey’s insurance article about the Supreme Court of Ohio in In re: All Suits Against Sager Corporation on April 3 holding that asbestos plaintiffs cannot seek to have a court appoint a receiver for a foreign dissolved corporation for the purpose of evading the corporation’s home state law barring such suits.
“The ruling would appear to prevent efforts by the asbestos bar in Ohio to resurrect foreign dissolved corporations in Ohio in order to pursue insurance proceeds,” Hofer had stated in an earlier document distributed to the press. “It also provides additional clarity in the law that insurance policies may not be treated as a ‘fund’ or sum of money to which the insured, claimants or others may claim entitlement in the absence of a judgment of liability against the insured in order to accelerate the insurer’s potential payment obligation.”
This case was a big win for Hofer who represented Sager.