While the Gubernatorial, US Senate, and Congressional races will get more money and attention this election season, the Ohio Supreme Court election is arguably more important to the independent agency system than any of the aforementioned races.

With Ohio’s General Election Day scheduled for Tuesday, November 3, 2026, your political views on the high-level political candidates are not nearly as important as the judicial candidates’ impact on our industry. Choosing candidates who have a strict constructionist judicial philosophy will help ensure a fair and stable insurance environment, ultimately benefiting consumers, businesses, independent agents, and the insurance industry.

The Ohio Independent Agent slate card for the Ohio Supreme Court: Justice Dan Hawkins & Colleen O’Donnell.

Anytime there are potential changes to the majority of the Ohio Supreme Court, independent insurance agents need to be aware of how these roles could impact our industry. Most of the time, the Ohio Supreme Court has been relatively balanced and deferential to the legislature in its decision-making and interpretation of statutes. However, the Court has seen judicial activism, and there is no better example of the Court’s activism that affected the insurance industry than the infamous 1999 decision in the Scott-Pontzer case.

Selecting the right judicial candidates for the Ohio Supreme Court is crucial because the court’s decisions can significantly affect the insurance market, including regulations, contractual interpretations and nuclear verdicts. The Ohio Supreme Court impacts our industry in multiple ways, including:

1. Tort Reforms are Being Pressure-Tested in the Legislature: We helped enact over 20 tort reforms in the early 2000s, strengthening Ohio’s legal and business climate. More recently, OIA supported House Bill 105, which increased transparency and accountability in third-party litigation financing. We are now ranked the #1 state to do business by CNBC. However, other longstanding reforms remain under pressure, including caps on non-economic damages. Proposals to weaken or index those caps to inflation could make Ohio’s legal environment less stable and predictable, and the American Tort Reform Association has placed Ohio in “Legislative Limbo.”
2. Tort Reform Laws are Being Challenged in the Courts: As Ohio’s highest court, the Ohio Supreme Court establishes precedents that lower courts must follow. Its rulings can have long-lasting effects on how insurance disputes are resolved and state laws are applied. The tort reforms OIA helped enact 20+ years ago continue to face legal challenges, many of which ultimately reach the Ohio Supreme Court for final resolution. Although the Court has upheld key reforms, including caps on non-economic damages and joint and several liability, new cases continue to test their constitutionality and application.
3. Consumer Protection: The Court’s decisions can affect consumer rights and protections directly. For example, how the Court interprets policy language, determines the fairness of claim denials, or addresses issues of bad faith can impact how insurance companies handle claims and how you interact with your clients. Hawkins and O’Donnell have a judicial philosophy of interpreting the plain meaning of the policy language, ensuring feelings and subjectivity are not inserted into the interpretation of policies.
4. Litigation Environment: The Ohio Supreme Court shapes Ohio’s litigation climate through its rulings on liability, punitive damages, and insurance coverage disputes. These decisions can either preserve or weaken the stable, predictable legal environment created by the state’s tort reforms. A change in the Court’s approach could affect insurers’ claim costs and, ultimately, the price and availability of insurance.
5. Economic Impact: Insurance is a significant component of the economy, affecting your clients, businesses, and industries that rely on insurance coverage. The Court’s decisions can impact the stability and predictability of the insurance market, which, in turn, can affect economic growth and business operations.

The Ohio Supreme Court’s justices will shape the legal environment in which insurance companies operate, impacting how you serve your clients.

OIA has vetted the candidates for these seats and through the Ohio Insurance Agents Political Action Committee (OIAPAC), supports the retention of Justice Dan Hawkins and the election of Colleen O’Donnell. Both candidates are committed to interpreting statues, contracts, insurance policies, and other legal documents as written – without inserting personal opinions into their decisions.

Hawkins and O’Donnell understand the complexities of insurance law and are committed to fairness and stability. They will help ensure a balanced approach that supports a healthy insurance market and a stable Ohio economy. We’ve read their opinions, analyzed their judicial philosophies, and believe these candidates are best for a stable and predictable legal environment in Ohio. Please contact Jeff Smith, JD, CIC at jeff@ohioinsuranceagents.com for any questions on the upcoming election.

About the Author:

Jeffrey S. Smith, JD, CIC, CAE serves as Chief Executive Officer for Ohio Insurance Agents Association (OIA) and IA Valuations. He is responsible for leading the organization’s strategic initiatives and day-to-day operations.

As CEO of IA Valuations, Smith has consulted and reviewed over 200 agency valuations for independent agents across the US. IA Valuations serves independent agencies as a trusted advisor and strategic business partners as they implement strategies to increase their agency value, grow their businesses, and transition their agencies. Smith provides insights into the agency’s operations, risk factors, and legal guidance on how to perpetuate and maximize value in a sale.