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ELEVATORS MUT. INS. CO. v. J. PATRICK O'FLAHERTY'S, INC.

No. S-08-006.

180 Ohio App.3d 315 (2008)

2008-Ohio-6946

ELEVATORS MUTUAL INSURANCE COMPANY, Appellee, v. J. PATRICK O'FLAHERTY'S, INC., et al., Appellants.

Court of Appeals of Ohio, Sixth District, Sandusky County.

Decided December 31, 2008.

Attorney(s) appearing for the Case

Robert E. Chudakoff and Gary S. Greenlee, for appellee Elevators Mutual Insurance Company.

D. John Travis, Jay C. Rice, and Richard C.O. Rezie, for appellee-intervenor, NAMIC Insurance Company.

W. Patrick Murray, James L. Murray, and William H. Bartle, for appellants.

SINGER, Judge.

{¶ 1} Appellants appeal a summary judgment issued to an insurer by the Sandusky County Court of Common Pleas in a dispute over fire coverage. For the reasons that follow, we reverse.

{¶ 2} Appellants, Richard A. and Jan N. Heyman, are equal shareholders in appellant J. Patrick O'Flaherty's, Inc., a company that operated a restaurant of the same name on the...

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