Summary
limiting to its facts Preferred Risk Ins. Co. v. Gill 30 Ohio St. 3d 108, 114, which had held that a narrower duty to defend existed in the absence of the "groundless, false or fraudulent" insurance policy language
Summary of this case from Younglove Construction, LLC v. PSD Development, LLCOpinion
No. 2001-1309.
Submitted April 10, 2002.
Decided May 22, 2002.
Appeal from the Court of Appeals for Wayne County, No. 00CA0053.
Baker, Dublikar, Beck, Wiley Mathews, James F. Mathews and Jack R. Baker, for appellee.
Jaime P. Serrat and Shawn P. Martin, for appellant.
Robert P. Rutter, urging reversal for amicus curiae, Ohio Academy of Trial Lawyers.
The judgment of the court of appeals is reversed on the authority of Willoughby Hills v. Cincinnati Ins. Co. (1984), 9 Ohio St.3d 177, 9 OBR 463, 459 N.E.2d 555. The holding in Preferred Risk Ins. Co. v. Gill (1987), 30 Ohio St.3d 108, 30 OBR 424, 507 N.E.2d 1118, is limited to its facts.
Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Pfeifer, Harsha and Lundberg Stratton, JJ., concur.
William H. Harsha III, J., of the Fourth Appellate District, sitting for Cook, J.