Jeffrey T. Kay YERS. Nationwide and. to both first and. claims, products. and property and. casualty claims. Appellate Practice

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1 Jeffrey T. Kay PARTNER Cleveland Office T: (440) Send me an . Jeff s Profile PDF AREAS OF PRACTICE Appellate Practice Civil Rights & Government Liability Directors & Officers Liability General Liability Medical Malpractice Professional Liability & Licensing Business Law & Real Estate Construction Litigation Employment & Labor Law Insurance Coverage & Bad Faith Municipal Law DEFENSE OF INSURANCE COMPANIES AND THEIR INSUREDS Jefff Kay has extensive experience, in both state courts and federal district courts, across multiple areas of practice with the primary area of expertise being civil litigation defense. He has provided representation to numerous insurance companies/risk pools, including, among others, Nationwide and its wholly owned subsidiaries (Scottsdale Insurance Company, Scottsdale Surplus Lines Insurance Company, Scottsdale Indemnity Company and Western Heritage Insurance Company), Freedom Specialty Insurance (subsidiary of Scottsdale Insurance Company), Lloyd s of London, Selectivee Insurance Company of North America, Fireman s Fund, Trident, Colony Insurance Company, Nautilus Insurance Company, CORSA and PERSO,, and their insureds with respect to both first and third party claims whichh includes the following areas: employment discrimination, professionall liability (including doctors, lawyers, accountants, home inspectors, counselors and nursing homes), municipal liability, automobile negligence claims, general commercial matters, bad faith claims, uninsured/underinsured claims, products liability, wrongful death claims, commercial premises liability claims, and property and casualty claims. He also has significant experience in providing advice and representation in insurance coverage matters, including the securing of declaratory judgments on policy interpretations. DEFENSE OF PUBLIC ENTITIES AND PRIVATE EMPLOY YERS Jefff has provided counsel and representation to public entities, public officials and private employers in cases nvolving issues such as hiring, terms of employment, defamation, harassment based on gender, race, age

2 and disability, wrongful discharge, claimed violations of the First, Fourth, Fifth, Eighth and Fourteenth Amendments to the U.S. Constitution, excessive force, false imprisonment, malicious prosecution and wrongful death. Jefff has successfully handled cases before state and federal administrative agencies, with a focus onn representing clients before the Equal Opportunity Employment Commission and the Ohio Civil Rights Commission. From 1996 to 1997 Jeff was employed by the Ohio Civil Rights Commission and, among other duties, was primarily responsible for drafting the Cleveland Regional Office s Recommendation for submission to the Commission which set forth the Cleveland Regional Office s legal basis for its determination as to whether an employer had or had not unlawfully engaged in discrimination. His time and experience with the Ohio Civil Rights Commission has provided Jefff with unique insight into the handling of employment matters before such agencies. BUSINESS AND TRANSACTIONAL EXPERIENCE In addition, Jeff demonstrates a rare and unique combination of excellence and success as both a trial lawyer and a transactional attorney. This difficult to find combination of skills provides his business clients with a significant advantage. Jeff s proven courtroom abilities, combined with his transactional experience, gives him a unique ability to analyze and solve a wide variety of legal issues and problems faced by his clients. While Jeff is extremely effective in settling disputes, when necessary he willl fiercely protect his clients legal interests in the courtroom. Jefff understands the needs off business owners and entrepreneurs as he is an entrepreneur and investorr himself. Jeff founded Jacobs III Capital Holdings, LLC, a creative andd cutting-edge investment company, in 2003 and since then it has invested in several successful business ventures including residential real estate development. Jacobs III has experienced success in recent years as ann investor in a joint venture specializing in investments in the risky and complex world of futures and options markets. OHIO APPELLATEE EXPERIENCE Jefff has likewise achieved success on behalf of his clients before state and federal appellate courts, having successfully argued cases before the Sixth Circuit Court of Appeals, Fifth District Court of Appeals, Sixth District Court of Appeals, Seventh District Court of Appeals, Eighth District Court of Appeals, Ninth District Court off Appeals, Tenth District Court of Appeals and the Eleventh District Courtt of Appeals.

3 HONORS AND AWARDS Recipient, Martindale-Hubbell Peer Review Rating of AV Preeminent (highest rating available for legal ability and professional ethics) (profile and peer reviews located at htm) Recipient, "Clevelandd 2013 Top Rated Lawyer in Insurance Law" by American Lawyer Media and Martindale-Hubbell A.M. Best, Recommended Insurance Attorney, 2013 Selected as a Top Rated Lawyer in "Insurance Law", The American Lawyer & Corporate Counsel, 2014 SPECIALIZED TRAINING Certified Litigation Management Professional (CLMP), Litigation Management Institute, Columbia Law School, 2013 EDUCATION Cleveland State University, Cleveland-Marshall College of Law, J.D., 1997 Ashland University, B.S., History and Criminal Justice (double major) with a minor inn Public Affairs (Magna Cum Laude, Gamma Alpha Kappa), 1993 RECENT PRESENT TATIONS Presenter, Ohio Political Subdivisions and Roadway Liability, Ohio Township Association 2013 Winter Conference, February 1, 2013 (PowerPoint presentation and prepared materials) Presenter, Defending Roadway Claims, Educational Presentation to Trident Insurance (Argo Group) ), June 20, 2013 (PowerPoint presentation and prepared materials) Presenter, Home Inspection Contracts & Ohio Case Law, Educational Presentation to the American Society of Home Inspectors (ASHI), North Central Ohio Chapter, October 3, 2013 (Prepared materials) RECENT PUBLICA ATIONS Article, Broke and Searching for Solutions: Local Governments

4 Turn to Job Description Changes as an Option to Achieving Needed Cost Savings,, Ohio Association of Civil Trial Attorneys, Quarterly Review, Vol. 5, Issue No.4, Fall LATEST DECISIVEE DEFENSE BLOG POSTSS When Joining The Crowd May Allow You to Stand Out: The Jobs Act and the Advent of Equity-Based Crowdfunding SELECT REPORTED CASES Nova v. State Farm Mut. Auto. Ins. Co., Ohio (Ohio App. 9 th Progressive Preferred Ins. Co. v. Certain Underwriters at Lloyd s London (2006), 166 Ohio App.3d 1 (Ohio App. 11 th Reinbolt v. Natl. Fire Ins. Co. of Hartford (2004), 158 Ohio App.3d 453 (Ohio App. 6 th Modesty v. Scottsdale Surpluss Lines, Ohio (Ohio App. 8 Yonkings v. Piwinski, 2011-Ohio-6232 (Ohio App. 10 th Adams v. Township of Champion, 68 F.Supp.2d 906 (N.D.Ohio, 1999) Catalano v. Lorain (2005), 161 Ohio App. 3d 841 (Ohio App. 9 th Dooley v. City of Lorain, WL (Ohio App. 9 th Teamsters Local Union No. 507 v. Nasco Industries Inc., 2000 WL (Ohio App. 9 th ) Ewers v. Genuine Motor Cars, Inc., 2007 WL (N.D.Ohio, 2007) Briggs v. Glenbeigh Health Services, WL (Ohio App. Smith v. L.J. Lewis Enterprises, Inc., Ohio (Ohio App. 1 Smith v. Capriolo, 2001 WL (Ohio App. 9 th Small v. HCF of Perrysburg, Inc. (2004), 159 Ohio App.3d 66 (Ohio App. 6 th Davis v. Safe Auto Ins. Co., 2000 WL (Ohio App. 11 th 11 th

5 Yaeger v. Fairview General Hospital, WL (Ohio App. Zappola v. Hennig, 20 F.Supp.2d 1150 (N.D.Ohio, 1998) Auto-Owners Ins. Co. v. Old Time Roofing, 2000 WL (Ohio App. 7 th Robinson v. Kramer, 1999 WLL (Ohio App. PROFESSIONAL ASSOCIATIONS AND MEMBERSHIPS Claims & Litigation Managementt Alliance (CLM) Ohio Association of Civil Trial Attorneys (Member, Governmental Liability Committee) Ohio State Bar Association American Bar Association Geauga County Bar Association BAR ADMISSIONSS Ohio, 1997 U.S. District Court Northern District of Ohio, 1999 U.S. District Court Southern District of Ohio, 1999 U.S. Court of Appeals 6th Circuit, 1999