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INS. CO. OF NORTH AMERICA v. AUTOMATIC SPRINKLER CORP.

Nos. 80-619 and 80-620.

67 Ohio St. 2d 91 (1981)

INSURANCE COMPANY OF NORTH AMERICA ET AL. v. AUTOMATIC SPRINKLER CORPORATION OF AMERICA, APPELLEE; THE ANSUL COMPANY, APPELLANT. YOUNGSTOWN STEEL AND ALLOY CORPORATION ET AL. v. AUTOMATIC SPRINKLER CORPORATION OF AMERICA, APPELLEE; THE ANSUL COMPANY, APPELLANT.

Supreme Court of Ohio.

Decided July 8, 1981.

Attorney(s) appearing for the Case

Messrs. Calfee, Halter & Griswold, Mr. William Tousley Smith and Mr. Norman A. Rheuban, for appellee.

Messrs. Harrington, Huxley & Smith, Mr. Eldon S. Wright and Mr. Frederick S. Coombs, III, for appellant.

LOCHER, J.

This case presents three issues: (1) whether Ansul has effectively disclaimed all implied warranties with Automatic Sprinkler; (2) whether Ansul has effectively excluded all liability for consequential damages; and (3) whether Automatic Sprinkler must indemnify Ansul against all claims arising in this litigation. Resolving each of these issues requires an interpretation of paragraph 9.

We hold that Ansul has neither disclaimed its liability for...

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