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CITY OF WILLOUGHBY HILLS v. CINCINNATI INS. CO.

Nos. 82-1727 and 83-350.

9 Ohio St. 3d 177 (1984)

CITY OF WILLOUGHBY HILLS, APPELLANT, v. CINCINNATI INSURANCE COMPANY, APPELLEE.

Supreme Court of Ohio.

Decided February 15, 1984.

Attorney(s) appearing for the Case

Messrs. Byron & Cantor, Mr. Barry M. Byron and Mr. Patrick T. Ryan, for appellant.

Dyson, Schmidlin & Foulds Co., L.P.A., Mr. James J. Dyson and Mr. Robert J. Foulds, for appellee.

Messrs. Gallagher, Sharp, Fulton & Norman, Mr. John B. Robertson, Messrs. Lane, Alton & Horst, Mr. Jeffrey W. Hutson and Mr. Jeffrey D. Boyd, urging affirmance for amicus curiae, Ohio Association of Civil Trial Attorneys.

CELEBREZZE, C.J.

In Motorists Mut. v. Trainor (1973), 33 Ohio St.2d 41 [62 O.O.2d 402], this court held at paragraphs one and two of the syllabus:

"1. An insurance company, which by contract is obligated to defend its insured in a negligence action, may defend in good faith without waiving its right to assert at a later time the policy defenses it believes it has, provided that it gives its insured...

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