Legal Opinion · Dissent

Gilchrist v. Gonsor

Ohio Supreme Court

Decided December 30, 2004No. 2003-1081 and 2003-1092Published

1DissentLundberg Stratton, J.

*603{¶ 14} I respectfully dissent. Because United Rentals, Inc. (“URI”) bore the ultimate responsibility for the risk of loss, I believe that its “fronting policy” was self-insurance in the practical sense. Therefore, we should apply the rationale of Grange Mut. Cas. Co. v. Refiners Transport & Terminal Corp. (1986), 21 Ohio St.3d 47, 21 OBR 331, 487 N.E.2d 310, and reverse the judgment of the court of appeals.

{¶ 15} The majority concludes in a two-sentence analysis: “URI and USF & G entered into an agreement, which is titled and referred to throughout as a commercial insurance policy. * * *…

2Cases cited4 opinions

  1. Grange Mutual Casualty Co. v. Refiners Transport & Terminal Corp.Ohio Supreme Court · 1986
  2. Tribune Co. v. Allstate InsuranceAppellate Court of Illinois · 1999
  3. Playtex FP, Inc. v. Columbia Casualty Co.Superior Court of Delaware · 1991
  4. Chicago Insurance Co. v. Travelers Insurance Co.Court of Appeals of Kentucky · 1997

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