In the case of Chillicothe Gazette v. Chillicothe City Schools, 2018-Ohio-5445, the Court of Claims adopted a special master’s report and recommendation finding documents regarding appointed insurance legal counsel are not public records when the records are created, maintained, and stored by the insurance company only.
This case involved public records requests seeking records pertaining to work done by attorneys appointed by the insurance company to represent the school district in a Title IX investigation. The school district denied some requests on the grounds that the records do not exist as the school district’s insurance company maintained the requested records.
The special master agreed with the school district and found that some of the records sought by the requester were created, maintained, and stored by the insurance company and not the school district. The special master further found that a public office cannot produce records under the Ohio Public Records Act where the records are “kept” by an insurance company. The special master also noted that these requests may have been denied as inherently overly broad.
To read the report and recommendation, click here. To read the Court of Claims order, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.