Sanderson v. Ohio Edison Co.

Plaintiff argues that the insurer breached its contractual duty to defend, that this breach effected a waiver of the conditions relied upon by the insurer, and that the court of appeals erred in its conclusion that the Allens were required to file a declaratory judgment action in response to the insurer’s refusal to defend. The insurer contends, in its first and second propositions of law, that its duty to defend was not automatically invoked by the plaintiff’s allegations of negligence stated in her pleadings, and that its incorrect determination not to defend did not result in a waiver of…