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OHIO CAS. INS. v. KENTUCKY NATURAL RESOURCES

722 S.W.2d 290 (1986)

OHIO CASUALTY INSURANCE COMPANY, Appellant, v. KENTUCKY NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET, Appellee.

Court of Appeals of Kentucky.

December 31, 1986.

Attorney(s) appearing for the Case

Lee W. Rowland, Clark, Ward, Stuart & Hopgood, Lexington, for appellant.

James P. Berry, Natural Resources & Environmental Protection Cabinet, Frankfort, for appellee.

Bobby D. Williams, Hindman, for third party defendant/appellee Thomas Adams.

Before DUNN, COOPER and WILHOIT, JJ.

DUNN, Judge.

This is an action to hold the surety Ohio Casualty Insurance Company liable for the acts of a public official principal without affording the surety notice and an opportunity to defend the underlying action against the principal. The trial court ruled against the surety by summary judgment, and Ohio Casualty appeals.

Appellee Kentucky Natural Resources and Environmental Protection Cabinet is the judgment creditor below. Appellee obtained judgment...

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