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Cincinnati Insurance Co. v. Canton Financial

Court of Appeals of Ohio, Fifth District

December 16, 2003

CINCINNATI INSURANCE COMPANY, Plaintiff-Appellee
v.
CANTON FINANCIAL, Defendant-Appellant

Civil appeal from Stark County Court of Common Pleas, Case No. 2002CV03128

NUNC PRO TUNC

For Plaintiff-Appellee: THOMAS C. HOGAN

For Defendant-Appellant: RONALD G. FIGLER

JUDGES: Hon. W. Scott Gwin, P.J., Hon. Shelia G. Farmer, J., Hon. John F. Boggins, J.

OPINION

Boggins, J.

{¶1} This is an appeal from a decision of the Court of Common Pleas of Stark County, which granted summary judgment in favor of Appellee and denied Appellant's motion for partial summary judgment.

STATEMENT OF THE FACTS AND CASE

{¶2} Appellee had issued two policies of insurance providing coverage to Appellant, a commercial general liability policy and a commercial umbrella liability policy.

{¶3} Appellant is engaged in the business of lending money to the general public and in the course of such business it obtains credit reports as to prospective borrowers.

{¶4} On August 4, 2000, Tom Cooksey made a joint loan application on behalf of he and his wife, Patricia.

{¶5} Appellant obtained a credit report as to both.

{¶6} In actuality, the Cooksey's were separated at such time.

{¶7} Patricia Cooksey filed suit in the United States District Court involving Appellant asserting a violation of the Fair Credit Reporting Act.

{¶8} Demand was made upon Appellee to defend such action and provide coverage. Appellee denied such demand.

{¶9} The Federal suit was subsequently settled with substantial legal fees in defense thereof.

{¶10} Appellee then filed the case sub judice in declaratory judgment seeking a determination of coverage under the ...


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