Legal Opinion
Centennial Insurance v. Liberty Mutual Insurance
Ohio Supreme Court
Decided May 21, 1980No. 79-652PublishedCited by 46 opinions
1Opinion of the CourtPaul W. Brown, J.
It is settled law in this state that an insurer owes a duty to exercise good faith in defending and settling claims against the insured and that a breach of that duty will give rise to a cause of action by the insured. Hart v. Republic Mut. Ins. Co. (1949), 152 Ohio St. 185; Slater v. Motorists Mut. Ins. Co. (1962), 174 Ohio St. 148. The instant cause, however, presents a situation in which an excess insurer seeks recovery from a primary insurer. The great weight of authority approves such a cause of action, extending an insurer’s duty to exercise good faith to include an excess insurer. Home…
2Cases cited15 opinions
- American Fidelity & Casualty Co. v. All American Bus Lines, Inc.Court of Appeals for the Tenth Circuit · 1951
- Hart v. Republic Mutual Ins.Ohio Supreme Court · 1949
- Continental Casualty Co. v. Reserve InsuranceSupreme Court of Minnesota · 1976
- Northwestern Mut. Ins. Co. v. Farmers Ins. GroupCalifornia Court of Appeal · 1978
- Estate of Louis Penn v. Amalgam. Gen. Agen.New Jersey Superior Court Appellate Division · 1977
10 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Hoskins v. Aetna Life InsuranceOhio Supreme Court · 1983
- American Centennial Insurance Co. v. Canal Insurance Co.Texas Supreme Court · 1992
- Bogan v. Progressive Casualty InsuranceOhio Supreme Court · 1988
- Commercial Union Insurance v. Medical Protective Co.Michigan Supreme Court · 1986
- Motorists Mutual Insurance v. SaidOhio Supreme Court · 1992
41 more not listed; retrieve them via the Exa API.