ROBERTS v. U.S. FID. & GUAR. CO.

No. 94-2511.

75 Ohio St.3d 630 (1996)

ROBERTS, TRUSTEE IN BANKRUPTCY FOR WIKEL MANUFACTURING COMPANY, INC., APPELLANT AND CROSS-APPELLEE, v. UNITED STATES FIDELITY & GUARANTY COMPANY, APPELLEE AND CROSS-APPELLANT.

Supreme Court of Ohio.

Decided June 26, 1996.


Attorney(s) appearing for the Case

Murray & Murray Co., L.P.A., Dennis E. Murray and Kirk J. Delli Bovi, for appellant and cross-appellee.

Spengler Nathanson, James R. Jeffery, Teresa L. Grigsby and James D. Jensen, for appellee and cross-appellant.


FRANCIS E. SWEENEY, SR., J.

This court must determine whether the trial court properly made the following findings: (1) that USF&G did not act in bad faith in breaching the duty to defend Wikel; (2) that USF&G was entitled to a setoff; and (3) that Wikel was entitled to only $1.5 million in damages for USF&G's breach of its duty to defend. For the following reasons, we uphold the trial court's determination...

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