CNH Capital v. Janson Excavating, Inc.

Lee H. Hildebrandt Jr., Judge.

{¶ 1} In one assignment of error, Ohio Casualty Insurance Company contends that the trial court erred by entering summary judgment in favor of Owners Insurance Company and in denying Ohio Casualty’s cross-motion for summary judgment. We reverse and remand this case for further proceedings consistent with this decision.

{¶ 2} Ohio Casualty and Owners both insured a piece of machinery called a “tub grinder” at the time the tub grinder was destroyed by fire on March 15, 2002. Glen Janson had purchased the Ohio Casualty policy a few weeks before the fire while he was…