Preferred Risk Insurance v. Gill

I applaud the pronouncements within the majority opinion to the effect that under the circumstances presented here, and in Transamerica Ins. Co. v. Taylor (1986), 28 Ohio St. 3d 312, 28 OBR 381, 504 N.E. 2d 15, a declaratory judgment action pursuant to R.C. Chapter 2721 does lie seeking a declaration of the insurance company’s rights and duties under the insurance contract and, more particularly, any duty it may have pursuant to such an agreement to defend a lawsuit brought against the insured. Pointing out that the duty to defend should not be entirely dependent upon the allegations of the…