Western Reserve Mutual Casualty Co. v. Eberhart

Reece, Judge.

Plaintiff-appellant, Western Reserve Mutual Casualty Company (“Western Reserve”), challenges the findings of the Summit County Court of Common Pleas in this declaratory judgment action. The court concluded that defendant-appellee, Dianne M. Eberhart, was entitled to proceeds of a homeowners insurance contract issued to Donald and Daisy Gengler. The couple’s adult son, Patrick Gengler, was covered by the policy and had previously dated Eberhart. On the evening of June 12, 1987, he shot Eberhart and then committed suicide.

This matter was tried to a referee who recommended judgment…