Rutter & Russin : Bob Rutter

Bob Rutter has over 35 years of experience successfully fighting insurance companies on behalf of policyholders. Along the way he has become a nationally recognized leader in insurance coverage law, personally arguing and winning two landmark cases before the Ohio Supreme Court which helped define insurance bad faith in the state.

Bob started his insurance law career on the other side of the fence, working for a firm that represented insurance companies. After learning how insurance companies operated, Bob switched sides to co-found Rutter & Russin in 1991. He dedicated his practice to achieving justice for policyholders across the Midwest who have been wronged by the very same insurance companies they thought would protect them in their time of need.

Bob's expertise is well-known among his peers. A sought-after speaker, Bob has traveled across the country lecturing on insurance law and has published articles in multiple legal journals. He's been elected to the following leadership positions by colleagues in his field:

Chair, Insurance Coverage Specialization Committee, Ohio State Bar Association
Chair, Insurance Law Committee, Ohio State Bar Association
Chair, Insurance Law Section, Ohio Association for Justice

MEMBERSHIPS AND AWARDS

2019 Respected Advocate Award, Ohio Association of Civil Trial Attorneys

Lifetime Achievement Award, Ohio Association for Justice, Annual Convention, 2017

Certified Specialist in Insurance Coverage Law, Ohio State Bar Association, 2017-Present

The Best Lawyers in America, Insurance Law, 2015-24
The Best Lawyers in America, Litigation - Insurance, 2015-24
The Best Lawyers in America 2016 & 2021 Cleveland Insurance Law "Lawyer of the Year"
The Best Lawyers in America 2023 Cleveland Litigation – Insurance "Lawyer of the Year"

Rutter & Russin, LLC has been named a Tier 1 firm in Cleveland for Insurance Law by U.S. News – Best Lawyers® "Best Law Firms" in 2021, 2022, 2023, 2024

Rutter & Russin, LLC has been named a Tier 1 firm in Cleveland for Litigation Insurance Law by U.S. News – Best Lawyers® "Best Law Firms" in 2024

AV Preeminent Rated in Martindale-Hubbell Law Directory

Avvo Rated 10 out of 10

Super Lawyers, Insurance Coverage, 2010-24
Super Lawyers Top 50 List in Cleveland, 2016-20, 2024
Super Lawyers Top 100 List in Ohio, 2016-20, 2024

American Bar Association, Tort Trial and Insurance Practice Section

Insurance Coverage Litigation Committee

Ohio State Bar Association, Insurance Law Committee

Chair, Insurance Law Committee, 2010-12
Chair, Insurance Coverage Specialization Committee, 2009-14

Ohio Association for Justice

Vice-Chair, Insurance Law Section, 1991-93
Chair, Insurance Law Section, 1993-95
Trustee, 1998-2002

Cleveland Academy of Trial Attorneys

Trustee, 1994-96

Cleveland Metropolitan Bar Association, Insurance Law Section

National Association of Public Insurance Adjusters

United Policyholders, Sponsor

CHARITY

United Way of Greater Cleveland, Risk Management Committee, 2015-21

ARTICLES

Taming the ERISA Beast: Contesting the Denial of ERISA Insurance Claims
Cleveland Metropolitan Bar Journal, 2015

Understanding Your Professional Liability Policy: What You Need to Know
Cleveland Metropolitan Bar Journal, 2014

A Lamb in Wolf's Clothing: The Insurer's Duty to Defend Business Torts
Ohio Lawyer, March-April 2004

Insurance Bad Faith In Ohio After Zoppo: Where Are We?
Ohio Trial, Winter 1995

Fire Insurance Law
Ohio Trial, Fall 1993

Recovery in Ohio for Fear of Cancer and Increased Risk of Cancer
Ohio Academy of Civil Trial Attorneys Journal, 1987

PRESENTATIONS

"Business Interruption Loss Claims: What You Need to Know"
OAJ Webinar, April 2020

Public Adjuster as an Expert Witness: Qualifications, Reports, Billing and Fees
First Party Claim Conference, Rhode Island 2018

Interpreting Insurance Policies for Fun and Success: How to Find Ambiguity in Insurance Policies Using Grammar Rules You Ignored in High School
First Party Claims Conference, Rhode Island, 2015

Bad Faith Strategies and Tactics: Do Bad Faith Allegations Move the Needle?
Cuyahoga Metropolitan Bar Association, 2015

Presenting Evidence of Consequential and Punitive Damages
ABA Property Insurance Law Committee
Litigating the Complex Commercial Property Insurance Claim, San Antonio, 2015

Conditions and Exclusions: When is a Property Vacant?
Ohio Association for Justice, 2014

Professional Liability Claims Against Independent Adjusters and Public Adjusters: What You Need to Know
First Party Claims Conference, Rhode Island, 2013

Bifurcation Issues in Bad Faith Litigation
Lake County Bar Association, 2012

Developments in Insurance Coverage Litigation
Stark County Bar Association, 2011

Issues in Insurance Bad Faith Litigation
Ohio Common Pleas Judges Association Conference, 2011

Insurance Agent Liability
Oswald Companies, 2011

Insured's Cooperation and Duties - How to Prevent a Problem
First Party Claims Conference, Rhode Island, 2009

Homeowners Insurance Coverage
Ohio State Bar Association Insurance Law Seminar, 2009

Fire and Property Insurance
Ohio State Bar Association Insurance Law Seminar, 2008

Bad Faith Update: Is There Life After Tort Reform?
Cleveland Academy of Trial Attorneys, 2008

Competing Arguments in a Fire Claim Investigation
National Society of Professional Insurance Investigators Annual Convention, 2006

First and Third Party Insurance Coverage Claims for Damage Caused by Mold
Association of Trial Lawyers of America, Chicago, 2004

What's New in Bad Faith
Ohio State Bar Association Annual Convention, 2003

Hot Issues in Insurance Law
Ohio Academy of Trial Lawyers Insurance Law Seminar, 2003

Toxic Mold Litigation
Cleveland Bar Association, 2002

Settling the Automobile Property Damage Claim
Ohio Academy of Trial Lawyers Insurance Law Seminar, 2001

Bad Faith Considerations in Fire and Arson Claims
American Bar Association, Arson and Fire Investigation Seminar, Phoenix, 1999

Insurance Coverage for Intentional Torts
Ohio Academy of Trial Lawyers Insurance Law Seminar, 1998

Current Developments in Insurance Law
Cleveland-Marshall Law Alumni Association, 1996

Bad Faith Litigation in Ohio
National Business Institute, 1996

Misconceptions About Insurance Bad Faith
Jefferson County Bar Association, 1995

Savoie Update
Ohio Academy of Trial Lawyers Regional Seminar, 1995

Anatomy of the Homeowner's Policy
Ohio Academy of Trial Lawyers Insurance Law Seminar, 1993

Lawsuits Against Insurance Companies
Mahoning-Trumbull Counties Academy of Trial Lawyers, 1993

Procedural Aspects of Uninsured Motorists Cases After Schaefer v. Allstate
Ohio Academy of Trial Lawyers Annual Convention, 1993

Insurance Bad Faith
Ohio Academy of Trial Lawyers Annual Convention, 1991

Fire and Property Insurance
Ohio Academy of Trial Lawyers Annual Convention, 1991

Insurance Company Bad Faith - The Insured's Perspective
National Society of Professional Insurance Investigators, February 1991

Unfair Insurance Practices in Uninsured Motorist Claims
Ohio Academy of Trial Lawyers Insurance Law Seminar, 1989

BAR ADMISSIONS

Ohio

U.S. District Court, Northern District of Ohio

U.S. District Court, Southern District of Ohio

U.S. District Court, Southern District of Indiana

U.S. District Court, Northern District of Indiana

U.S. District Court, Western District of Pennsylvania

PAST EMPLOYMENT

Miller & Tolaro Co., L.P.A. 1987-1991

Ulmer & Berne 1982-1987

Cuyahoga County Prosecutor's Office 1979-1982

EDUCATION

Case Western Reserve University School of Law, J.D. 1979

Ohio State University, B.S. in Accounting 1975

REPORTED CASES : OHIO SUPREME COURT

Emoi Services, LLC v. Owners Ins. Co.

2022-Ohio-4649

Insurance coverage for ransomware attack (amicus)

Neuro-Communication Services, Inc. v. Cincinnati Ins. Co.

2022-Ohio-4379

Insurance coverage for Covid business loss (amicus)

LGR Realty, Inc. v. Frank and London Insurance Agency

2018-Ohio-334

Statute of limitations for insurance agent negligence (amicus)

World Harvest Church v. Grange Mutual Casualty Company

2016-Ohio-2913

Insurance coverage for employer's vicarious liability arising out of abuse or molestation committed by employee

Miller v. Motorists Mut. Ins. Co.

2012-Ohio-4959

Number of accidents for purpose of applying split limits of liability policy

Neal-Petit v. Lahman

125 Ohio St.3d 327, 928 N.E.2d 421, 2010-Ohio-1829 (amicus)

Insurance coverage for attorney fee award

Cincinnati Ins. Co. v. CPS Holdings, Inc.

115 Ohio St.3d 306, 2007-Ohio-713

Duty to defend business tort

Penn Traffic Co. v. AIU Ins. Co.

99 Ohio St.3d 227, 2003-Ohio-3373

Insurance coverage for employer intentional tort

Roman v. Estate of Gobbo

99 Ohio St.3d 260, 2003-Ohio-3655 (amicus)

Unsuccessful attempt to overrule the sudden medical emergency defense

Zoppo v. Homestead Ins. Co.

71 Ohio St.3d 552, 644 N.E.2d 397, 1994-Ohio-461

Precedent setting fire insurance case that redefined insurance company bad faith

Motorists Mut. Ins. Co. v. Said

63 Ohio St.3d 690, 590 N.E.2d 1228, 1992-Ohio-94

Insurance bad faith in an uninsured motorist claim

Cincinnati Ins. Co. v. Colelli & Assoc., Inc.

95 Ohio St.3d 325, 767 N.E.2d 717, 2002-Ohio-2214 (amicus)

Scope of an insurer's duty to defend

Anderson v. Highland House Co.

93 Ohio St.3d 547, 757 N.E.2d 329, 2001-Ohio-1607 (amicus)

Precedent setting decision that limited the scope of the standard pollution exclusion

Boone v. Vanliner Ins. Co.

91 Ohio St.3d 209, 744 N.E.2d 154, 2001-Ohio-27 (amicus)

Precedent setting decision that allowed complete discovery of attorney-insurer communications in a bad faith case

Motorists Mut. Ins. Co. v. Brandenburg

72 Ohio St.3d 157,648 N.E.2d 488, 1995-Ohio-281 (amicus)

Precedent setting decision that allowed insured to recover attorney fees in declaratory judgment action

Newman v. United Ohio Ins. Co.

68 Ohio St.3d 170, 624 N.E.2d 728, 1994-Ohio-507 (amicus)

Intra-family stacking in the context of an underinsured motorist claim

REPORTED CASES : COURTS OF APPEAL

Nationwide Fire Ins. Co. v. Jones

2017-Ohio-4244 (4th District)

Discovery for claim file documents

World Harvest Church v. Grange Mut. Cas. Co.

2013 WL 6843615 (10th District)

Allocation of verdict; duty to settle; insurability of punitive damages

Third Wing, Inc. v. Columbia Casualty Co.

2012-Ohio-2393 (8th District)

Indemnification for attorney fees

Miller v. Motorists Mut. Ins. Co.

196 Ohio App.3d 753, 965 N.E.2d 369, 2011-Ohio-6099 (11th District)

Number of accidents for purpose of applying split limits of liability policy

Frazier v. American Family Ins. Co.

2010-Ohio-3733, 2010 WL 316384 (8th District)

Mandatory appraisal of fire loss

Dunson v. Homeowners Ins. Co.

2010-Ohio-1928 (3rd District)

UM family member exclusion

Moor v. American Family Ins. Co.

2009-Ohio-4442 (3rd District)

Insurance agent negligence

Cincinnati Ins. Co. v. CPS Holdings, Inc.

2006-Ohio-713 (8th District)

Duty to defend of both primary and umbrella insurers

Simon v. Encompass Ins. Co.

2005-Ohio-5727 (8th District)

Homeowner's insurance claim for basement cave-in

Polk v. Landings of Walden Condominium Assoc.

2005-Ohio-4042 (11th District)

Homeowner's insurance claim seeking coverage for toxic mold

Blackwell v. Farmers Ins. Exchange

2005-Ohio-3499 (4th District)

Homeowner's fire insurance claim

Gerace-Flick v. Westfield Natl. Ins. Co.

2002-Ohio-5222 (7th District)

Homeowner's fire insurance claim; insurance agent negligence

Reitz v. Zurich American Ins. Co.

2004-Ohio-967 (9th District)

Uninsured motorist claim for wrongful death of a college student by a drunk driver

Brendle v. Auto Owners Mut. Ins. Co.

2001 WL 166469 (5th Dist. 2001)

Commercial water loss claim

Washington v. Citizens Sec. Mut. Ins. Co.

2000 WL 1369860 (8th Dist. 2000)

Uninsured motorist claim for wrongful death caused by hit-skip

CSS Publishing Co. v. Am. Economy Ins. Co.

138 Ohio App.3d 76, 740 N.E.2d 341, 2000-Ohio-1863 (3rd Dist. 2000)

Commercial fire insurance claim

Maric v. Adams

2000 WL 523007 (11th Dist. 2000)

Uninsured motorist wrongful death claim

Ragone v. Sentry Ins. Co.

121 Ohio App.3d 362, 700 N.E. 2d 48 (8th Dist. 1997)

Commercial fire insurance claim

Barnett v. Connecticut Mut. Life Ins. Co.

1996 WL 284878 (8th Dist. 1996)

Disability insurance claim

Danny Boy Farm Market, Inc. v. Coniglio Agency

1996 WL 199849 (8th Dist. 1996)

Insurance agency negligence in underinsuring a commercial business

Mapletown Foods, Inc. v. Motorists Mut. Ins. Co.

104 Ohio App.3d 345, 662 N.E.2d 48 (8th Dist. 1995)

Commercial claim for loss to frozen goods resulting from a power interruption

Grange Mut. Cas. Co. v. Messner

1994 WL 263267 (9th Dist. 1994)

Uninsured motorist claim resulting from the wrongful death of a child

Trudeau v. R & B Trucking

1991 WL 237 (8th Dist. 1991)

Automobile accident claim

Ambrose v. State Farm Fire & Cas.

70 Ohio App.3d 797, 592 N.E.2d 868 (9th Dist. 1990)

Homeowner's insurance claim for collapsed porch

Weber v. General Acc. Fire & Life Assur. Corp.

10 Ohio App.3d 305, 462 N.E.2d 422 (6th Dist. 1983)

Fire insurance claim dealing with adequacy of notice for examination under oath

REPORTED CASES : FEDERAL CASES

Fulkerson v. Unum Life Ins. Co.

36 F.4th 678 (6th Cir. 2022)

Insurance for accidental death claim

Cheney v. John Hancock Life Ins. Co.

2022 WL 4104336 (N.D. Ohio)

Disability claim

Secretary of Labor v. Kavalec

2021 WL 4756092 (N.D. Ohio)

Duty to defend related claims

Kahl v. Spectrum Security, LLC.

2021 WL 4963364 (6th Cir. 2021)

Wrongful death due to improperly installed fire detection system

Grinnell Mutual Reinsurance Co. v. Smith

2020 WL 9421167 (N.D. Ohio)

Bad faith failure to defend resulting in excess verdict

Caldwell v. Allstate Property Ins. Co.

2018 WL 5278956 (N.D. Ohio)

Insurance coverage for freeze claim

Muncy v. USLIC

2015 WL 8207441 (S.D. Ohio)

Contested insurance application dealing with operational smoke/heat detectors

Hartford Casualty Ins. Co. v. Bluemile, Inc.

2013 WL 1090329 (S.D. Ohio)

Court's discretion to decide declaratory judgment action

Taylor v. Fidelity National Ins. Co.

2012 WL 6027792 (N.D. Ohio)

Fire insurance claim

Barbour v. Household Life Ins. Co.

2012 WL 1109993 (N.D. Ohio)

Life insurance application misrepresentation

Corbo Properties, Ltd. v. Seneca Ins. Co.

771 F.Supp.2d 877 (N.D. Ohio 2011)

Fire insurance claim

Solomon v. Medical Mut. of Ohio

2009 WL 3086483 (N.D. Ohio)

Disability claim under ERISA

Mayle v. Allstate Ins. Co.

2007 WL 437887 (N.D. Ohio)

Fire insurance claim

Sherry v. Hartford Life & Accident Ins. Co.

314 F.Supp.2d 714 (N.D. Ohio 2004)

Disability claim under ERISA

Bob Rutter
brutter@OhioInsuranceLawyer.com
216-642-1425
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Robert P. Rutter

MEMBERSHIPS AND AWARDS

CHARITY

ARTICLES

PRESENTATIONS

BAR ADMISSIONS

PAST EMPLOYMENT

EDUCATION

REPORTED CASES : OHIO SUPREME COURT

REPORTED CASES : COURTS OF APPEAL

REPORTED CASES : FEDERAL CASES

Attorneys

Practice Areas

Cleveland Law Office

Bob Rutter, Member

Attorneys

Practice Areas

Cleveland Law Office