McGuffin v. Zaremba Contracting

Dyke, Administrative Judge.

{¶ 1} Third-party defendant-appellant, State Automobile Mutual Insurance Company (“State Auto”), appeals the trial court’s decision that defendant and third-party plaintiff-appellee, Mr. Excavator, Inc. (“Mr. Excavator”) was entitled to coverage under State Auto’s umbrella policy from the first dollar. For the reasons set forth below, we reverse.

{¶ 2} Plaintiff-appellees, Alvin and Laura McGuffin (“plaintiffs”), instituted this action on August 16, 2000, against Mr. Excavator, Alvin McGuffin’s employer, and several other defendants. In the complaint, plaintiffs…