TRAVELERS INS. CO. v. CASUALTY CO.

No. 36821.

172 Ohio St. 507 (1961)

THE TRAVELERS INS. CO., APPELLANT, v. THE BUCKEYE UNION CASUALTY CO. ET AL., APPELLEES.

Supreme Court of Ohio.

Decided December 20, 1961.


Attorney(s) appearing for the Case

Messrs. Wright, Harlor, Morris, Arnold & Glander, for appellant.

Messrs. Power, Griffith & Jones, for appellee The Buckeye Union Casualty Company.

Messrs. Graham, Graham, Gottlieb & Johnston, for appellee John Keiser.


KERNS, J.

At the outset, it is clear that the provisions of the insurance policy issued to Gulf by Travelers could neither enlarge nor restrict the coverage of the policy issued by Buckeye to McCracken. We are only concerned, therefore, with the contract between Buckeye and McCracken, and in construing the latter contract it is fundamental, of course, that the intent of the parties thereto, when ascertained, will be controlling. In other words, did Buckeye and McCracken...

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