Ohio law must be used to resolve an insurance dispute involving a polluted site in Michigan caused by manufacturing companies based in Ohio and Indiana, the Ohio Supreme Court ruled Wednesday.
The 5-2 decision may force Travelers to turn over documents related to the claim requested by its insured, Scott Fetzer Co. after the federal government ordered the company to remediate hazardous waste sites. The insurer argued that the information was protected by attorney-client privilege, but under Ohio law that privilege does not shield documents in a bad faith action.
