Myers v. Encompass Indemnity Co.

Bressler, Judge.

{¶ 1} Defendant-appellant, Encompass Indemnity Company (“Encompass”), appeals the decision of the Butler County Court of Common Pleas to grant summary judgment on an insurance-coverage issue to plaintiff-appellee, Robert Douglas Myers. We reverse the judgment and remand the cause for the reasons outlined below.

{¶ 2} Appellee incurred damage at his home when water entered his basement after a series of events occurred both off and on his property on April 22, 2004. The parties stipulated in writing that rain fell, “diffused over the surface of the ground” on the properties of…