Legal Opinion · Concurring in part, dissenting in part

Buckeye Union Casualty Co. v. Royal Indemnity Ins.

Ohio Court of Appeals

Decided September 25, 1963No. 1542Published

1Concurring in part, dissenting in partFrance, J.

I concur in that part of the opinion finding that the policy of Royal Indemnity Insurance Company does not extend coverage to Zum or Zum’s washboy — in the absence of facts that Zum or the plaintiff in the pending or contemplated tort actions can supply. It should be clearly understood that since they are not parties to this action they are in no respect bound by the decision in the event, upon judgment, a supplemental petition were to be filed.

Coverage depends upon the concurrence of two elements specified in each policy:

1. Definition of Hazards

“Ownership, maintenance or use of an automobile…

2Cases cited5 opinions

  1. Allstate Insurance Co. v. Hartford Accident & Indemnity Co.Missouri Court of Appeals · 1958
  2. Reese v. ReamoreNew York Court of Appeals · 1944
  3. United States Fidelity and Guaranty Company v. TrussellDistrict Court, W.D. Virginia · 1962
  4. Farm Bureau Mutual Automobile Ins. v. Motorists Mutual Ins.Ohio Court of Appeals · 1957
  5. Randall Insurance Agency, Inc. v. BurnsOhio Court of Appeals · 1961

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