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DAMON'S MISSOURI, INC. v. DAVIS

No. 91-292.

63 Ohio St.3d 605 (1992)

DAMON'S MISSOURI, INC. v. DAVIS ET AL., APPELLEES; FIREMAN'S FUND INSURANCE COMPANIES, INC., APPELLANT.

Supreme Court of Ohio.

Decided May 6, 1992.

Attorney(s) appearing for the Case

Lane, Alton & Horst, Rick E. Marsh and John A. Fiocca, Jr., for appellees.

Crabbe, Brown, Jones, Potts & Schmidt, Steven B. Ayers and Robert C. Buchbinder, for appellant.

HOLMES, J.

The ultimate issue before the court concerns the vicarious liability of an insurer for the errors in judgment of its independent insurance agents. Specifically, we must determine whether at the time Davis was interpreting the Damon's Missouri location lease, as not to require insurance coverage on the building occupied by Damon's, Davis was acting as Fireman's Fund's insurance agent. For the reasons that follow, we answer such query in the negative.

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