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CINCINNATI INS. v. CPS HOLDINGS

No. 2006-0722.

115 Ohio St.3d 306 (2007)

2007-Ohio-4917

CINCINNATI INSURANCE COMPANY, APPELLANT, ET AL., v. CPS HOLDINGS, INC., D.B.A. IQ SOLUTIONS, ET AL., APPELLEES.

Supreme Court of Ohio.

Decided September 27, 2007.

Attorney(s) appearing for the Case

Davis & Young, Richard M. Garner, and Dennis R. Fogarty, for appellant.

Robert P. Rutter, for appellees IQ Solutions, L.L.C., CPS Holdings, Inc., CPS Holding Company, Ltd., CPS Utilities, Linda and Robert Kendall, and NCP Limited Partnership.

Marc Dann, Attorney General, Stephen P. Carney, Deputy State Solicitor, and William J. Cole and James M. Evans, Assistant Attorneys General, for appellee Ohio Department of Administrative Services.

LANZINGER, J.

{¶ 1} We accepted this discretionary appeal to clarify the interpretation of language within an umbrella insurance policy. We reverse the court of appeals because an insurer has no duty to defend when there is no applicable "underlying insurance."

Case Background

{¶ 2} In late 2003, appellee Ohio Department of Administrative Services (...

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