Cincinnati Insurance v. Baur's Opera House, Inc.

Defendant Mark W. Stearnes filed a personal injury lawsuit in state court against defendant Baur’s Opera House, Inc. (Baur’s). Baur’s was insured by plaintiff, the Cincinnati Insurance Company (Cincinnati). Cincinnati filed a declaratory judgment action against defendants alleging it was not obligated to defend or indemnify Baur’s because neither of the defendants notified it of the state lawsuit, thereby breaching the insurance policy. Cincinnati and Stearnes filed cross-motions for summary judgment arguing whether Cincinnati received reasonable notice of the lawsuit. The trial court denied…