HYBUD EQUIP. CORP. v. SPHERE DRAKE INS. CO., LTD.

No. 91-641.

64 Ohio St.3d 657 (1992)

HYBUD EQUIPMENT CORP. ET AL., APPELLANTS AND CROSS-APPELLEES, v. SPHERE DRAKE INSURANCE COMPANY, LTD., APPELLEE AND CROSS-APPELLANT.

Supreme Court of Ohio.

Decided September 16, 1992.


Attorney(s) appearing for the Case

Day, Ketterer, Raley, Wright & Rybolt and Matthew Yackshaw, for appellants and cross-appellees.

Reminger & Reminger Co., L.P.A., David Ross and Clifford C. Masch; Arter & Hadden and Louis Gerber, for appellee and cross-appellant.

George Pappas Co., L.P.A., and Dennis J. Bartek; Lord, Bissell & Brook, John B. Haarlow, Michael P. Comiskey, Daniel I. Schlessinger and Diane I. Jennings, urging reversal and in support of the cross-appeal, on behalf of amicus curiae John Richard Ludbrook Yovell.

Wiley, Rein & Fielding, Thomas W. Brunner, Christopher D. Cerf and Kirk J. Nahra; Montgomery, Rennie & Jonson and Frederick M. Morgan, Jr., urging reversal and in support of the cross-appeal, on behalf of amic curiae Insurance Environmental Litigation Association et al.

Brouse & McDowell, Frank E. Quirk, Paul A. Rose and Keven D. Eiber; Anderson, Kill, Olick & Oshinsky, Eugene R. Anderson, Thomas H. Sear and Thomas G. Rozinski, urging affirmance and in opposition to the cross-appeal, on behalf of amici curiae city of Akron et al.

Graydon, Head & Ritchey and John C. Greiner; Covington & Burling, William H. Allen, William F. Greaney and Adam M. Cole, urging affirmance and in opposition to the cross-appeal, on behalf of amici curiae Ohio Manufacturers' Association et al.

Jones, Day, Reavis & Pogue, Steven E. Sigalow, Kathleen B. Burke, Joseph C. Weinstein and Charles D. Hassell, urging affirmance and in opposition to the cross-appeal, on behalf of amici curiae Ohio Township Association et al.

Squire, Sanders & Dempsey, John R. Gall, David W. Alexander, Karen A. Winters and Philomena M. Dane, urging affirmance and in opposition to the cross-appeal, on behalf of amici curiae Danis Environmental Management Co. et al.

Lee I. Fisher, Attorney General, Beverly Yale Pfeiffer and Ellen B. Leidner, urging affirmance and in opposition to the cross-appeal on behalf of amicus curiae Lee I. Fisher.


CHRISTLEY, J.

In their appeal before this court, the three insureds, IEL, Hybud and Budoff, have raised four issues concerning their right to a jury trial and the sufficiency of the damages award. In its cross-appeal, Sphere Drake has also raised a number of issues, the majority of which pertain to the proper interpretation of the language in the two policies.

For the reasons which follow, this court finds that...

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