Preferred Mutual Insurance v. Thompson

An insurance company has a duty to defend an action against its insured when the allegations of the complaint against the insured bring the action within the coverage of the insured’s policy. Motorists Mut. v. Trainor (1973), 33 Ohio St. 2d 41, paragraph two of the syllabus. See, also, Willoughby Hills v. Cincinnati Ins. Co. (1984), 9 Ohio St. 3d 177. In the instant case, the allegations of negligence set forth in Victor Thompson’s complaint against Albert Sabo bring the action within the coverage of Sabo’s homeowners policy; and, the presence of additional allegations, which state an…