Broadview Savings & Loan Co. v. Buckeye Union Insurance

We are in agreement with the Court of Ap*50peals. Broadview argues that the law set forth in the recent case of Hounshell v. American States Ins. Co. (1981), 67 Ohio St. 2d 427, should apply here. While the principles set forth in Hounshell do apply, a review of the facts of both cases leads us to the conclusion that the results are inapposite.

In Hounshell, two insurance companies wrote policies of insurance covering the same property. Following a loss by fire, one of the companies, American States Insurance Company, offered to pay the insured to the extent of its liability on a pro rata basis.…