SMITH v. TRAVELERS INS. CO.

No. 76AP-247.

50 Ohio App. 2d 349 (1976)

SMITH ET AL., APPELLEES, v. TRAVELERS INSURANCE CO., APPELLEE.

Court of Appeals of Ohio, Franklin County.

Decided August 10, 1976.


Attorney(s) appearing for the Case

Mr. Philip Q. Zauderer, for appellees.

Messrs. McNamara & McNamara, Mr. John L. Miller and Mr. William H. Woods, for appellant.


HOLMES, J.

This matter involves the appeal of a judgment for the plaintiffs in an action brought against the defendant insurer because the insurance company had refused to pay a medical expense claim submitted by the plaintiffs. The basis of the refusal to pay the claim was that the plaintiff insured had violated the subrogation provisions of the insurance policy, and had also violated the terms of the subrogation agreement entered into in accordance with such subrogation...

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