HART v. R. M. INS. CO.

No. 31673.

152 Ohio St. 185 (1949)

HART, APPELLANT, v. THE REPUBLIC MUTUAL INS. CO., APPELLEE.

Supreme Court of Ohio.

Decided July 20, 1949.


Attorney(s) appearing for the Case

Messrs. Yonkee & Murphy and Mr. Lee Van Tilburg, for appellant.

Messrs. Vodrey, Vodrey, Buzzard & Shay, for appellee.


WEYGANDT, C. J.

Counsel are agreed that this case presents a question of first impression in this court.

Where, as here, a liability insurance company reserves "the right to settle any claim or suit and to make such investigation or negotiation as may be deemed expedient by the company," what duty does it owe in defending the insured? Is it liable for failure to exercise ordinary care in settling or refusing to settle claims? Or is it liable only in the event...

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