Distinguishing Hi-Lo Agreements from Mary Carter Agreements

The Ohio Supreme Court earlier this fall came out with an opinion in Hodesh v. Korelitz, 123 Ohio St.3d 72 (2009).  For anyone wanting a springboard for teaching the basic differences between High-Low Agreements and Mary Carter Agreements, I think it’s a good case.  It does not include every piece of detail one might reasonably want in order to dive deeply into things, but it’s a useful starting place.  The Appellate Brief in this case (available through Westlaw) is a useful supplement.

Michael Moffitt

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