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BROZ v. WINLAND

No. 92-2370.

68 Ohio St.3d 521 (1994)

BROZ, EXR., ET AL., APPELLANTS, v. WINLAND ET AL.; AMERICAN STATES INSURANCE COMPANY, APPELLEE.

Supreme Court of Ohio.

Decided March 30, 1994.

Attorney(s) appearing for the Case

Jeffries, Kube, Forrest & Monteleone Co., L.P.A., Michael R. Kube and William J. Shramek, for appellants.

Cronquist, Smith, Marshall & Weaver and Stephen C. Merriman, for appellee.

FRANCIS E. SWEENEY, Sr., J.

The legal issue we are asked to decide is whether a determination made in a declaratory judgment action between an insurance company and its insureds binds persons injured by the insured's negligence who are not parties to the declaratory judgment action. For the reasons which follow, we hold that injured persons not parties to a separate declaratory judgment action are not bound by such decision, and thus are not precluded from litigating...

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