Hartong v. Makary
Ohio Court of Appeals
1Opinion of the Court
Reece, Presiding Judge.
Farmers Insurance 1 (“Farmers”) appeals from the trial court’s declaratory judgment finding that Farmers is contractually obligated to indemnify and defend James Makary in a wrongful death suit brought by his wife’s estate. Farmers raises three assignments of error. We find merit in the second assignment of error and, therefore, reverse the judgment of the trial court.
On December 29,1992, James Makary fatally shot his wife, Barbara Makary, at their apartment. As a result of the shooting, Barbara’s estate brought a wrongful death suit against James. At the time of the…
2Cases cited8 opinions
- Zanco, Inc. v. Michigan Mutual InsuranceOhio Supreme Court · 1984
- Wurth v. Ideal Mutual InsuranceOhio Court of Appeals · 1987
- Santana v. Auto Owners InsuranceOhio Court of Appeals · 1993
- Ambrose v. State Farm Fire & CasualtyOhio Court of Appeals · 1990
- National Union Fire Insurance v. ShaneOhio Court of Appeals · 1992
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- Ohayon v. Safeco InsuranceOhio Court of Appeals · 2003