MODIFIED ON DENIAL OF REHEARING
Justice KNECHT delivered the opinion of the court:
Defendant Mark W. Stearnes filed a personal injury lawsuit in state court against defendant Baur's Opera House, Inc. (Baur's). Baur's was insured by plaintiff, the Cincinnati Insurance Company (Cincinnati). Cincinnati filed a declaratory judgment action against defendants alleging it was not obligated to defend or indemnify Baur's because neither of the defendants notified...
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