BUCKEYE UNION INS. CO. v. SHELBY MUT. INS. CO.

No. 83-1572.

12 Ohio St. 3d 46 (1984)

BUCKEYE UNION INSURANCE COMPANY, APPELLEE, v. SHELBY MUTUAL INSURANCE COMPANY, APPELLANT.

Supreme Court of Ohio.

Decided July 3, 1984.


Attorney(s) appearing for the Case

Sommer, Solovan & Piergallini Co., L.P.A., Mr. Lawrence T. Piergallini and Mr. Keith A. Sommer, for appellee.

Lancione Law Office Co., L.P.A., and Mr. Bernard G. Lancione, for appellant.


REILLY, J.

The relevant part of the leased equipment agreement between Hoffman and Kuhn, owner of the tractor and the insured of Buckeye Union Insurance, and C & D, insured of Shelby, provides the following:

"5. (a) The LESSOR agrees to secure and pay for and maintain public liability and property damage insurance protecting the interest of all parties to this contract against liability for damage, personal injury or death caused by any vehicle leased...

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