Sullivan v. Fabe

Birdsong, Presiding Judge.

Francis C. and Elsie D. Sullivan appeal from the grant of summary judgment to George Fabe, as Insurance Commissioner of the State of Ohio and Liquidator of the American Druggists Insurance Company (“ADIC”), on his claims for indemnification for payments purportedly made by ADIC as bonding company for United Contractors, Inc., a company owned by the Sullivans.

The Sullivans denied liability and later moved for summary judgment based upon Mr. Sullivan’s affidavit. Fabe, with leave of court, filed an untimely response to the motion which was supported by the affidavit of…