ORMET PRIMARY ALUMINUM CORP. v. EMPLOYERS INS. OF WAUSAU

No. 98-2456.

88 Ohio St.3d 292 (2000)

ORMET PRIMARY ALUMINUM CORPORATION, APPELLANT, v. EMPLOYERS INSURANCE OF WAUSAU ET AL., APPELLEES.

Supreme Court of Ohio.

Decided April 5, 2000.


Attorney(s) appearing for the Case

Neal R. Brendel and Paul K. Stockman, pro hac vice; and Yoss & Hampton and Richard M. Yoss, for appellant.

Hugh C. Griffin, Alfred L. Buchanan and Stephen M. Murray, pro hac vice; Arter & Hadden and Irene C. Keyse-Walker; Roetzel & Andress and Bradley L. Snyder; and Law Offices of James W. Peters and James W. Peters, for appellees Certain Underwriters at Lloyd's of London.

Gallagher, Sharp, Fulton & Norman, Robert H. Eddy, Alton L. Stephens and Alexander E. Goetsch; and Hanlon, Duff, Paleudis & Estadt Co., L.P.A., and Gerald P. Duff, for appellee Globe Indemnity Company.

Burech & Crow and Stanley G. Burech; David C. Linder and Roger B. Frederickson, pro hac vice; and Reminger & Reminger Co., L.P.A., and Clifford C. Masch, for appellee Employers Insurance of Wausau, A Mutual Company.

Gottlieb, Johnston, Beam & Dal Ponte and Jeffrey Robert Beam; and David J. Bloss, pro hac vice, for appellee Home Indemnity Company.

Crabbe, Brown, Jones, Potts & Schmidt, Larry H. James and Amy Fulmer Stevenson, urging affirmance for amicus curiae, Ohio Association of Civil Trial Attorneys.

Keener, Doucher, Curley & Patterson, Thomas Joseph Keener and Amy K. Schermer, urging affirmance for amicus curiae, Insurance Environmental Litigation Association.

Jones, Day, Reavis & Pogue and Brian F. Toohey, urging reversal for amici curiae, Cleveland Cliffs, Inc. and Lincoln Electric Company.

Paul A. Rose, Keven Drummond Eiber and Brouse McDowell, urging reversal for amici curiae, Ohio Chemical Council, Inc., BP Amoco Corp., PPG Industries, Inc., RPM, Inc., B.F. Goodrich Company, and Goodyear Tire and Rubber Company.


LUNDBERG STRATTON, J.

Today we are asked to decide whether the court of appeals erred in affirming the trial court's granting of the appellees' joint motion for summary judgement due to Ormet's unreasonably late notice to its insurance carriers. We find no error and therefore we affirm the judgment of the court of appeals.

Pursuant to Civ.R. 56, summary judgment is proper "if the pleadings, depositions...

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