WEST AMERICAN INS. CO. OHIO v. McGhee

HOFFMAN, Judge.

The West American Insurance Company (West) is appealing a negative decision in this declaratory judgment action. West filed this action seeking a ruling that, by reason of an exclusionary clause, it was not liable to the appellees, who are a group of potential claimants under a homeowner’s insurance policy issued by West. The court reached its decision on an agreed record, without live testimony and, although West poses several issues, they can be simply restated as: whether the evidence is sufficient to support the trial court’s judgment.

West’s insured was Philmore Hankerson,…