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BUCKEYE UNION INS. CO. v. NEW ENGLAND INS. CO.

No. 98-1268.

87 Ohio St.3d 280 (1999)

BUCKEYE UNION INSURANCE COMPANY, RESPONDENT, v. NEW ENGLAND INSURANCE COMPANY, PETITIONER.

Supreme Court of Ohio.

Decided December 22, 1999.

Attorney(s) appearing for the Case

Squire, Sanders & Dempsey, L.L.P., and David J. Young; Chester, Wilcox & Saxbe, L.L.P., and John J. Chester, for respondent.

Thompson, Hine & Flory, L.L.P., and Bruce M. Allman; Louis G. Adolfsen and S. Dwight Stephens, pro hac vice, for petitioner.

PFEIFER, J.

We answer the certified questions thusly: (1) No, (2) No, and (3) We decline to answer.

Question 1

"When an insurance company is found by Ohio courts to be guilty of `bad faith' with `actual malice' because it failed to settle a tort case against its insured, does such conduct constitute the type of intentional tort that is uninsurable under Ohio law?"

We find that an insurer...

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