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MIDWESTERN INDEMN. CO. v. SAVAGE

No. 02CA1584.

149 Ohio App.3d 596 (2002)

2002-Ohio-5593

MIDWESTERN INDEMNITY COMPANY, Appellee, v. SAVAGE; Rich, Appellant.

Court of Appeals of Ohio, Second District, Darke County.

Decided October 18, 2002.

Attorney(s) appearing for the Case

Edward M. Ryder, David K. Frank and Kristin Gatherum, for appellee Midwestern Indemnity Company.

William A. Posey and Joseph M. Callow Jr., for appellant David Rich.

GRADY, Judge.

{¶ 1} This is an appeal from a summary judgment rendered for an insurer in a declaratory judgment action, finding that the insurer has no duty to indemnify for legal liability arising from a judgment against its insured on an employee intentional tort claim.

{¶ 2} David Rich was employed by Paul Savage, and was seriously injured while working on the job. Rich obtained workers' compensation benefits for his

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