Enforcing a Contract Between the Hospital and the Negligent Doctor
In Gerig v. Kahn 95 Ohio St.3d 478, 2002 Ohio 2581, 769 N.E.2d 381, the plaintiffs suing in malpractice, sought to enforce the contract between the hospital and the negligent doctor regarding insurance coverage. the Ohio Supreme Court held that because the non-signatory plaintiffs were seeking the enforcement of a contract from which they would derive a benefit, that is, funds from which to recover damages, they were bound by the arbitration agreement contained within the insurance contract between the doctor and the hospital.
Subsequent courts have held the holding in Gerig applies when a non-signatory is seeking to enforce obligations in an agreement in which the arbitration clause is contained. Henderson v. Lawyers Title Ins. Corp., 108 Ohio St.3d 265, 2006 Ohio 906 at P42, 843 N.E.2d 152; Simon v. Commonwealth Land Title Ins. Co., Cuyahoga App. No. 84553, 2005 Ohio 1007 at P36; I Sports v. IMG Worldwide, Inc., 157 Ohio App.3d 593, 2004 Ohio 3631, 813 N.E.2d 4; Benjamin v. Pipoly, 155 Ohio App.3d 171, 2003 Ohio 5666, 800 N.E.2d 50