SOUTHSIDE RIVER-RAIL TERMINAL, INC. v. CRUM & FORSTER UNDERWRITERS OF OHIO

Nos. C-030400, C-030423 and C-030445.

157 Ohio App.3d 325 (2004)

2004-Ohio-2723

SOUTHSIDE RIVER-RAIL TERMINAL, Inc., Appellee and Cross-Appellant; Reclaim of Norwich, England Insurance Company, Intervening Appellee and Cross-Appellant; Lindsey Motor Express, Inc. v. CRUM & FORSTER UNDERWRITERS OF OHIO, Appellant and Cross-Appellee; Crum & Forster Insurance Company et al.; Schiff, Kriedler-Shell, Inc.

Court of Appeals of Ohio, First District, Hamilton County.

Decided May 28, 2004.


Attorney(s) appearing for the Case

Lindhorst & Dreidame, James L. O'Connell, Cincinnati, and Bradley D. McPeek, for appellee and cross-appellee Southside River-Rail Terminal, Inc.

Keating, Muething & Klekamp, P.L.L., Gregory M. Utter, Cincinnati, and David M. Gallagher, for intervening appellee and cross-appellant Reclaim of Norwich, England Insurance Company.

Ulmer & Berne, LLP, Marvin L. Karp and Frederic X. Shadley, Cincinnati, for appellant and cross-appellee Crum & Forster Underwriters Co. of Ohio.


GORMAN, Judge.

{¶ 1} In these consolidated appeals, the parties contest whether defendant-appellant and cross-appellee Crum & Forster Underwriters of Ohio ("C & F") must provide property-damage coverage for the collapse of a storage tank owned by plaintiff-appellee and cross-appellant Southside River-Rail Terminal, Inc. and for the loss of its contents separately insured by intervening plaintiff-appellee and cross-appellant Reclaim of Norwich...

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