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CLEVELAND BD. OF EDN. v. R.J. STICKLE INT.

Nos. 58979, 59054, 59083.

76 Ohio App.3d 432 (1991)

CLEVELAND BOARD OF EDUCATION, v. R.J. STICKLE INTERNATIONAL et al.; Motorists Mutual Insurance Co. et al., Appellants; CNA Insurance Co., Appellee.

Court of Appeals of Ohio, Cuyahoga County.

Decided October 28, 1991.

Attorney(s) appearing for the Case

Martin T. Franey, for appellant, Motorists Mutual Insurance Co.

Frederick P. Vergon, for appellant, Midwestern Indemnity Co.

Julius R. Gerlack, for appellant, Commercial Union Insurance Co.

James Gowan, for appellee, CNA Insurance Co.

PATRICIA A. BLACKMON, Judge.

Appellants, Motorist Mutual Insurance Company, Midwestern Indemnity Company, and Commercial Union Insurance Company, timely appeal the outcome of a declaratory judgment action, wherein the trial court was asked to apportion payment of damages among several liability insurance carriers. Since we believe the arguments of the appellants are meritorious, we reverse.

The underlying case involved the construction of East High School...

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