SHARONVILLE v. AM. EMPLOYERS INS.

No. 2004-1735.

109 Ohio St.3d 186 (2006)

2006-Ohio-2180

CITY OF SHARONVILLE, APPELLEE, v. AMERICAN EMPLOYERS INSURANCE COMPANY; UNITED NATIONAL INSURANCE COMPANY ET AL., APPELLANTS; CRAMER ET AL., APPELLEES.

Supreme Court of Ohio.

Decided May 17, 2006.


Attorney(s) appearing for the Case

Keating, Ritchie & Swick, Kevin L. Swick, and Thomas T. Keating, for appellees.

Dinsmore & Shohl, L.L.P., Alan H. Abes, and Susan M. Luken, for appellant Folksamerica Reinsurance Company.

Reminger & Reminger Co., L.P.A., Clifford C. Masch, and Holly M. Wilson, for appellant United National Insurance Company.

Shumaker, Loop & Kendrick, L.L.P., and Michael Sanderson, for appellant Ohio Government Risk Management Plan.

Subashi, Wildermuth & Ballato, Nicholas Subashi, and Brian Wildermuth, for appellant Scottsdale Insurance Company.

Kohnen & Patton, L.L.P., K. Roger Schoeni, and Kimberly A. Zamary, for appellant North East Insurance Company.

Byron & Byron Co., L.P.A., Barry M. Byron, and Stephen L. Byron; and David E. Cruikshank, urging affirmance for amicus curiae, Ohio Municipal Attorneys Association.


LANZINGER, J.

{¶ 1} This case, involving the question of an insurer's duty to defend law-enforcement officers in a civil rights action, is accepted upon a discretionary appeal.

{¶ 2} A federal action was filed against the city of Sharonville, Ohio and three of its current or former police officers.1 The officers were sued in their official capacity over an alleged ongoing conspiracy...

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