.

Andrew H. Isakoff

Portrait of Andrew H. Isakoff

Andrew Isakoff is an experienced civil litigator with significant experience in property and casualty litigation. As a civil litigator, he’s defended auto, commercial auto, trucking and transportation matters, bad faith litigation and coverage issues. He also handles product liability matters, representing clients in complex claims involving alleged defects and associated damages. Andrew has experience litigating commercial and business disputes, and his background includes litigation management, negotiating the resolution of complex cases, auditing, and addressing regulatory matters.

Prior to joining the firm, Andrew served as the Director of Claims for Sedgwick Claims Management Services, where he had nationwide responsibility for all claims and litigation in the Consumer Claims Division.
Andrew was a Senior Trial Attorney with Progressive Insurance Company. During his time there, he managed multiple House Counsel offices for Progressive throughout the state of Ohio.

In 2012, Andrew assumed the nationwide management of National Interstate Insurance Company's Alternative Risk Transfer (Captive) Claims Department. In 2015, he became the Director of Claims at National Interstate and had enterprise-wide responsibility for a number of functional areas, including Compliance, Training, Subrogation and Salvage, Vendor Management, Cat Response, and Litigation.

Andrew is an adjunct professor at Case Western Reserve University College of Law where he teaches Insurance Law. He was also an instructor for the Cleveland Bar Association's High School Three R's program from 2010–2013. Andrew has had the privilege to serve as a judge for the Cleveland Bar Association’s High School Mock Trial Competition in 2012, 2014, 2016, and 2018.

Andrew received his juris doctor from the University of Toledo College of Law. He earned his undergraduate degree from Bowling Green State University. He is admitted to practice in the state of Ohio.

    • University of Toledo College of Law (J.D., 1986)
    • Bowling Green State University (B.A., 1983)
    • Ohio, 1986
    • U.S. District Court Northern District of Ohio, 1995
    • The Best Lawyers in America®, "Lawyer of the Year," Cleveland, Transportation Law (2026)
    • The Best Lawyers in America©, Transportation Law (2024-2027)
    • Litigation Management Institute, Graduate 2015 (CLMP)
    • Ohio State Bar Association
    • Claims & Litigation Management Alliance
    • Cleveland Metropolitan Bar Association
    • Trucking Industry Defense Association (TIDA)
    • Instructor, CLM Claims College, School of Transportation, 2016 - 2018
    • Panelist on a team that discussed novel approaches towards cost containment for cases in litigation, handling requests for proposals, litigation budgets and  various attorney fee structures and requested rate increases with law firms,  Magna Legal Services March Madness CLE, The Cosmopolitan Hotel, Las Vegas, NV, March 21, 2019
    • “Electronic Logging Devices and Digital Tracking in the Transportation Industry,” presented at the Primerus Defense Institute Transportation Seminar, The Westin Hotel, Austin, TX, February 22, 2019
    • “Navigating  the Path to Optimal Mediation Outcomes:  An Industry Perspective,” presented at the Alternative Dispute Resolution in Personal Injury and Civil Litigation CLE Program for the New York State Bar Association, Melville Marriott Hotel,  Long Island, NY, October 3, 2018 and  AMA New York Executive Conference Center, NYC, NY, October 4, 2018
    • “Commercial Vehicle Accident Investigations and Discovery Relative to Liability” and “Commercial Vehicle Investigation and Discovery Relative to Damages” presented at the CLM Claim College School of Transportation, Level I Training, Marriott Baltimore Waterfront, Baltimore, MD, September 6, 2018
    • Panelist on a team that presented “Using Your Expert to Educate You,” at the Magna Legal Services Battle of the Experts CLE Seminar, W Hotel South Beach, Miami, FL, May 3, 2018
    • “Litigating in the 21st Century:  Advancement in Technology- The Evolution of the Vehicles We Operate and Advancements in How Accidents Are Investigated,” presented at the Primerus Defense Institute Education Program, 2018 Annual Convocation, The Fairmont Princess Hotel, Scottsdale, AZ, April 26, 2018
    • “Dash Cams and Telematics: Reducing Risk or Enhancing Exposure?” presented at the Primerus Defense Institute Transportation Seminar,  The Cosmopolitan Hotel, Las Vegas, Nevada, February 23, 2018
    • “Commercial Vehicle Accident Investigations and Discovery Relative to Liability” and “Commercial Vehicle Investigation and Discovery Relative to Damages” presented at the CLM Claim College School of Transportation, Level I Training, Marriott Baltimore Waterfront, Baltimore, MD, September 7, 2017
    • Panelist on a team that presented “Crisis Response:  A discussion of how to respond when a major crisis impacts your company,” at the Magna Legal Services Mock Crisis /Crisis Management CLE Seminar, Ritz-Carlton Hotel, Naples, FL, May 12, 2017
    • “Preparing a Commercial Driver for Deposition,” presented at the Primerus Defense Institute Transportation Seminar,  Omni La Mansion del Rio, San Antonio, TX, February 17, 2017
    • Panelist on a team that presented “The Dreaded Call:  From Initial Loss Through Early Assessment” an interactive discussion about best practices for the early stages of a new loss and panelist on a team that presented “Resolution of the Truck Accident Claim” an interactive discussion on resolution strategies at The Atlanta Trucking Conference, Hyatt Regency, Atlanta, GA, October 27, 2016
    • “Commercial Vehicle Accident Investigations and Discovery Relative to Liability” and “Commercial Vehicle Investigation and Discovery Relative to Damages” presented at the CLM Claim College School of Transportation, Level I Training, Marriott Baltimore Waterfront, Baltimore, MD, September 8, 2016
    • “Preservation Letters Gone Wild!  Handling Ridiculous Pre-Suit Preservation Requests,” presented at the Claims Litigation Management Alliance Transportation Seminar, Aloft Hotel, Boston, MA, July 14, 2016
    • “How to Defend and Defeat the Light Impact Case," presented at the Primerus Defense Institute Transportation Seminar, The Cosmopolitan Hotel,  Las Vegas, NV, March 4, 2016
    • “Litigation 101,” presented at  the Claim Litigation Management Alliance Northeast Ohio Educational Event, Hahn, Loeser and Parks,  LLP, Cleveland, OH
    • “Tips on How To Favorably Impact the Outcome of a Claim,” presented at the Spring Safety Workshop, Safety, Claims and Litigation Services, LLC,  Westin Atlanta Airport Hotel, Atlanta, GA, April 28, 2015
    • Panelist  on team that discussed various liability issues that impact  an operator’s exposure and operating  costs at the South Central, Alabama and Georgia Motorcoach Operators Association Regional Meeting, Shreveport, LA Convention Center,  August 19, 2014
    • “What to Expect When a Claim is Filed,” presented at Gardner Trucking, Inc., Safety and Management Meeting, Ontario, CA, January 14, 2014
    • “Company Policies and Procedures and the Impact on Claims,” presented at the United Motorcoach Association Annual Safety Seminar, NTSB Training Center, Ashburn, VA, December 3, 2013
    • “The Ten Commandments of Working with Expert Witnesses for Risk Managers, Claims Adjusters and Lawyers,” presented at the Claim Litigation Management Alliance Seminar, Cleveland Museum of Art, Cleveland, OH, June 13, 2013

Firm Highlights

Thought Leadership

Commonwealth Court Reaffirms the Constitutionality of Act 111's IRE Provisions

In this case, the claimant sustained a work injury of January 6, 1994, which was acknowledged by Notice of Compensation Payable (NCP). After the claimant’s receipt of 104 weeks of temporary total disability benefits, the employer filed a Request for an Impairment Rating Examination (IRE). The IRE was performed in May 2023 and the IRE physician found that the claimant had a 5% whole person impairment, under the AMA Guides. The employer filed a Petition based on the IRE results, and the Petition was granted by the WCJ. During litigation, the claimant argued that the IRE provisions of Act 111 (Section 306(a.3) of the Act) were not applicable to her injury, since it predated June 24, 1996, the date Act 57 went into effect, and that the IRE provisions were unconstitutional. The Workers’ Compensation Judge (WCJ)) granted the Petition and the Board affirmed. On appeal to the Commonwealth Court, the claimant argued that Act 111 violated the nondelegation doctrine and that its retroactive application to the claimant’s injury was unconstitutional. The court rejected the arguments on the basis that they had already found the same arguments without merit in multiple, prior cases. The court also addressed an argument made by the claimant that Act 111 was procedurally defective under the Pennsylvania Constitution because it was only considered on two days in each House after having undergone amendments and reassignments. The court noted that the Pennsylvania Constitution requires every bill to be considered on three different days in each House. The claimant maintained that, according to the legislative history, the bill did not receive three separate days of consideration from each House when it was assigned a new bill number. The court pointed out, however, that the bill number, H.B. 1840 remained constant and was considered on three occasions by the House. Further, the court concluded that minor amendments to the bill were germane to its original subject, which was to modify the Act’s IRE process, in accordance with Protz II.

Thought Leadership

The Tolling Trap: Filing Alone Will Not Toll the Statute Without Good-Faith Service

The Eastern District of Pennsylvania recently reinforced a critical limitation on bad faith claims, holding that a timely filing alone will not preserve a cause of action absent a good-faith effort to serve the original process. The plaintiff had presented a claim for underinsured motorist benefits to his auto insurer. The insurer evaluated the claim and determined that the plaintiff’s accident-related damages did not exceed the bodily injury liability insurance limits of the at-fault driver and denied his claim. Among other claims, the plaintiff sought to present a claim for insurance bad faith under 42 Pa. C.S.A. § 8371, to which a two year statute of limitation applies. He first filed a praecipe for writ of summons before the expiration of the statute of limitation. However, the plaintiff did not attempt to serve the praecipe or writ until after the statute of limitations had expired. Additionally, the service failed as the plaintiff had mailed the original process to an incorrect address. Despite receipt of the Postal Service’s failure to deliver the original process, the plaintiff did not attempt to re-serve the writ. Two months later, the plaintiff filed a complaint and then successfully served that complaint. The insurer sought to dismiss the plaintiff’s bad faith claim as time-barred by the statute of limitations. The district court agreed. Though the plaintiff had filed a praecipe for a writ of summons prior to the expiration of the statute of limitations, the statute is only tolled if there is a good faith effort to serve that original process. In this case, the court determined that the plaintiff had failed to perform a “good faith effort to serve the original process”. Additionally, though the filing and service of a complaint can serve as alternative original process when the lawsuit is commenced by the filing of a praecipe for a writ of summons, the plaintiff filed his complaint after the statute of limitations had expired. The plaintiff’s bad faith claim was therefore determined to be barred by the statute of limitations and dismissed by the court, with prejudice. A key takeaway for the defense is not to assume that the statute of limitations has been successfully tolled by a plaintiff merely because a praecipe for a writ of summons or complaint has been filed prior to the expiration of the statute. A filed complaint or writ is only part of the equation. The defense should carefully review the docket and filings to confirm that the plaintiff also performed the requisite good faith effort to serve that original process. A thorough review of the docket may reveal that the plaintiff failed to make the good-faith service efforts necessary to toll the statute of limitations.

Thought Leadership

Florida Supreme Court Rules Florida Statute §627.70152 Does not Apply Retroactively

In a decision that resolves years of appellate uncertainty and confirms that insurers and insureds alike can rely on the legal framework in place when a policy is issued, the Supreme Court of Florida last week found that Florida Statute §627.70152, which involves an insured’s requirement to provide an insurer with pre-suit notice before filing a suit, cannot be applied retroactively. In Universal Property & Casualty Insurance Company v. Hughes, the Court was presented with the issue of whether the statutory pre-suit notice requirement applied retroactively and whether it would apply to a breach of contract of an insurance policy that was issued before the statute went into effect. Before the Court was an appeal from a homeowner, Ms. Hughes, who sued her insurance carrier, Universal Property & Casualty Insurance Company (Universal) for breach of contract under an insurance policy that was in effect from April 24, 2019 through April 24, 2020. During the policy period, Ms. Hughes suffered a loss and, on May 29, 2019, made a claim for water damage. The carrier investigated the loss and issued payment; Ms. Hughes disputed the payment, finding the amount insufficient for repairs. On July 1, 2021, Florida Statute §627.70152 went into effect, which required insureds to provide notice of intent to initiate litigation against the carrier prior to filing a lawsuit; if an insured filed the lawsuit without complying with §627.70152, a court must dismiss the case without prejudice. On August 4, 2021, Ms. Hughes filed her lawsuit against Universal for breach of contract. Universal moved to dismiss based on her failure to comply with §627.70152. Ms. Hughes contended the notice requirement could not be applied retroactively. The trial court disagreed and dismissed the lawsuit without prejudice, and Ms. Hughes appealed. During the appeal, the Fourth District Court of Appeal, in Cole v. Universal Property & Casualty, 363 So. 3d 1089 (Fla. 4th DCA 2023), ruled that Florida Statute §627.70152 did apply retroactively to policies issued before the effective date of §627.70152. However, the Sixth District Court agreed with Ms. Hughes and overturned the trial court’s ruling, finding the statute could not retroactively apply to policies issued prior to the statute effective date. Thereafter, the other district courts weighed in, with the Third District Court agreeing with the Fourth District Court, and the First, Second and Fifth District Courts agreeing with the Sixth District Court. In resolving the conflict amongst the district courts, the Supreme Court advised “as a general rule, ‘the statute in effect at the time an insurance contract is executed governs substantive issues arising in connection with that contract.’ Hassen v. State Farm Mut. Auto. Ins. Co., 674 So. 2d 106, 108 (Fla. 1996). The Court applied the two-step test when deciding whether a statute has retroactive application: “First, the Court must ascertain whether the Legislature intended for the statute to apply retroactively. Second, if such an intent is clearly expressed, the Court must determine whether retroactive application would violate any constitutional principles.” Menendez v. Progressive Exp. Ins. Co., 35 So. 3d 873, 877 (Fla. 2010). In analyzing the Legislature’s intent, the Court must determine whether the Legislature has manifested a clear command for retroactivity in the statutory text.  In review of the statutory text, the Court found nothing in the language of the statute to indicate that the phrase “all suits” was serving another purpose of expanding its reach to suits based on policies that both predate and postdate the enactment of the statute. Buis v. Universal Prop. & Cas. Ins. Co., 394 So. 3d 738, 741 (Fla. 2d DCA 2024). Further, the Court noted the statute has an effective date, which has long been considered to be evidence against retroactive application of a statute. The Court concluded that, on its face, no provision of §627.70152 speaks to application of the statute to insurance policies issued before the statute’s effective date and therefore, the Legislature did not clearly command retroactivity of the statute to include insurance policies issued prior to the enactment of the statute. The Court briefly reviewed Universal’s argument that the presuit notice requirement was procedural, not substantive, and therefore should be applied retroactively; however, the Court agreed with the Sixth District Court’s finding that, in its entirety, §627.70152 transformed an insured’s ability to sue an insurance company under a property insurance policy and an insurer’s obligations to respond to and pay insurance claims, thus making the requirement a substantive change. The Court thereby upheld the decision of the Sixth District and disapproved the decision of the Fourth District in Cole.