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MID-AMERICAN FIRE v. HEASLEY

Nos. 2005-2399 and 2006-0249.

113 Ohio St.3d 133 (2007)

2007-Ohio-1248

MID-AMERICAN FIRE & CASUALTY COMPANY ET AL., APPELLANTS, v. HEASLEY, APPELLEE.

Supreme Court of Ohio.

Decided April 4, 2007.

Attorney(s) appearing for the Case

Weston Hurd, L.L.P., and Shawn W. Maestle, for appellants.

Klein & Carney Co., L.P.A., Larry S. Klein, and Christopher J. Carney, for appellee.

LANZINGER, J.

{¶ 1} In this case, we address two issues: (1) when an insurance company may maintain a declaratory judgment action against an insured whose claim for coverage was extinguished by Westfield Ins. Co. v. Galatis, 100 Ohio St.3d 216, 2003-Ohio-5849, 797 N.E.2d 1256, and (2) what the appropriate standard of review is for a trial court's dismissal of such an action.

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