Ohio Casualty Insurance Co. v. State Farm Mutual Automobile Insurance Co.

STEINFELD, Justice.

This action sought a declaration of rights to resolve a dispute between two insurance companies as to which one should defend and indemnify H. C. James with respect to an automoible accident. The facts being undisputed, counsel for the parties aided the trial court and this court by filing a “Stipulation of Facts,” which in pertinent part is as follows:

“1. On October 7, 1971 H. C. James left his automobile with McCoy Motor Company for * * * repairs intending to * * * pick (it) Up * * * the same day. Either as a courtesy to Mr. James * * * or because he had shown interest in…