PREFERRED RISK INS. CO. v. GILL

No. 86-882.

30 Ohio St. 3d 108 (1987)

PREFERRED RISK INSURANCE COMPANY, APPELLEE AND CROSS-APPELLANT, v. GILL ET AL., APPELLANTS AND CROSS-APPELLEES.

Supreme Court of Ohio.

Decided May 20, 1987.


Attorney(s) appearing for the Case

Gustin & Lawrence Co., L.P.A., and James W. Gustin, for appellee and cross-appellant.

Rogers & Olivas, R.T. Rogers and Adolf Olivas, for appellants and cross-appellees.


DOUGLAS, J.

The threshold question presented herein is whether the instant action is properly before this court. More specifically, we must determine whether an insurance company may bring a declaratory judgment action to adjudicate its duty to defend or indemnify its insured in an action brought against the insured by a third party. In resolving this question, we are called upon to reexamine this court's holding in Transamerica Ins. Co. v. Taylor (1986...

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