CLEMENTS AND MONTGOMERY, D. B. A. C. & M. CONTRACTORS v. AETNA CAS. & SURETY CO.

No. A-202026.

15 Ohio Misc. 252 (1968)

CLEMENTS AND MONTGOMERY, D. B. A. C. & M. CONTRACTORS, v. THE AETNA CASUALTY & SURETY CO. ET AL.

Common Pleas Court of Hamilton County.

Decided January 5, 1968.


Attorney(s) appearing for the Case

Messrs. Mebs & Altmayer, Messrs. Sand & Sand and Mr. Fred Mebs, for plaintiffs.

Messrs. Rendigs, Fry, Kiely & Dennis and Mr. John A. Kiely, for defendant, The Aetna Casualty & Surety Co.

Messrs. Gatch, Ritchie & Kleinman, Mr. William B. O'Neal and Mr. Lewis G. Gatch, for defendant, Kay Riesenberg Ruth.


KEEFE, J.

This is an action for declaratory judgment. The plaintiffs ask the court to order the defendant, The Aetna Casualty & Surety Co. (hereinafter designated Aetna) to pay a judgment secured by Kay Riesenberg Ruth against the plaintiffs up to the policy limits. Aetna failed to provide plaintiffs with legal representation in this matter, failed and refused to undertake plaintiffs' defense in the suit brought...

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