LESSAK v. METROPOLITAN CASUALTY INS. CO. OF NEW YORK

No. 35436.

168 Ohio St. 153 (1958)

LESSAK, D. B. A. MASSILLON ROAD HARDWARE & LUMBER CO., APPELLEE, v. METROPOLITAN CASUALTY INS. CO. OF NEW YORK, APPELLANT, ET AL.

Supreme Court of Ohio.

Decided July 2, 1958.


Attorney(s) appearing for the Case

Messrs. Buckingham, Doolittle & Burroughs, Mr. Hugh Colopy and Mr. Allan Johnson, for appellee.

Messrs. Kaufman, Shama & Devany, for appellant.


STEWART, J.

The question before us is whether the insurance policy obligates the insurance company to defend the action of Fouts against plaintiff and to pay any judgment which may be rendered therein up to the limits of liability of the policy, by reason of plaintiff's alleged unlawful act of selling B-B shot to a minor, with the result that injury to another occurred away from plaintiff's premises.

This court has decided that an action for a declaratory...

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