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MIDWESTERN INDEMNITY COMPANY v. NIERLICH

No. 90536.

2008 Ohio 3537

Midwestern Indemnity Company, Plaintiff-Appellant, v. John K. Nierlich, et al., Defendants-Appellees.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

RELEASED: July 17, 2008.

Attorney(s) appearing for the Case

Craig G. Pelini, Esq., Randall M. Traub, Esq., Pelini, Campbell, Williams & Traub, LLC, 8040 Cleveland Avenue, N.W., Suite 400, North Canton, Ohio 44720, Attorneys for Appellant.

Ed E. Duncan, Esq., Tucker, Ellis & West, LLP, 925 Euclid Avenue, Suite 1150, Cleveland, Ohio 44115-1414, Attorney for Appellees.

BEFORE: Dyke, J., Calabrese, P.J., and Rocco, J.

JOURNAL ENTRY AND OPINION

ANN DYKE, J.:

{¶ 1} Plaintiff, The Midwestern Indemnity Co. ("Midwestern"), appeals from the order of the trial court which determined that Midwestern has a duty to defend Richard Puzzitiello, Sr., Park Group East, and Park Southern Builders of Pinellas, Inc. in connection with litigation pending in the United States District Court for the Southern District of Florida. For the reasons set forth below, we find that there is...

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