MOTORISTS MUTUAL INS. CO. v. JONES

No. 42004.

9 Ohio Misc. 113 (1966)

MOTORISTS MUTUAL INS. CO. v. JONES, D. B. A., ET AL.

Common Pleas Court of Lake County.

Decided November 12, 1966.


Attorney(s) appearing for the Case

Messrs. Petrancek, Sonkin & Mesrobian, by Mr. Richard C. Mesrobian, for plaintiff, Motorists Mutual Insurance Company.

Messrs. Merkel, Campbell, Dill & Zetzer, by Mr. David J. Cook, Mr. Wayne R. Milburn and Mrs. Lillian L. Robinson, for defendants.


SIMMONS, J.

Plaintiff insurance company is suing a general contractor, Jones, and an artisan to recover on a subrogated fire claim, alleging negligence against both. In addition to a general denial of the claims in the petition, defendants present a special defense in which they claim that plaintiff's insured, Mr. and Mrs. Walker, expressly waived any claim for damages from fire, whether negligently caused or not.

By agreement among counsel and the court,...

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