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INS. CO. OF NORTH AMERICA v. WELLS

Nos. 72AP-292 and 72AP-293.

35 Ohio App. 2d 173 (1973)

INSURANCE CO. OF NORTH AMERICA, APPELLANT, v. WELLS, D. B. A. CUSTOM PLUMBING CO., APPELLEE.

Court of Appeals of Ohio, Franklin County.

Decided January 23, 1973.

Attorney(s) appearing for the Case

Messrs. Vorys, Sater, Seymour & Pease, Mr. Thomas B. Ridgley and Mr. Herbert R. Brown, of counsel, for appellant.

Messrs. Lane, Alton & Horst and Mr. David L. Day, of counsel, for appellee.

HOLMES, J.

This is an appeal of summary judgments in two consolidated cases in the Court of Common Pleas of Franklin County. The court found that there was no genuine issue as to any material fact and entered a judgment for the defendant as a matter of law.

The facts in brief are that the plaintiff had issued a policy of fire insurance to a partnership known as Fairlane Apartments on an apartment structure...

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