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KINCAID v. ERIE INS. CO.

No. 92101.

183 Ohio App.3d 748 (2009)

2009-Ohio-4372

KINCAID, Appellant, et al. v. ERIE INSURANCE COMPANY, Appellee.

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

Decided August 27, 2009.

Attorney(s) appearing for the Case

Paul W. Flowers Co., L.P.A., and Paul W. Flowers; and Bashein & Bashein, W. Craig Bashein, and John P. Hurst, for appellant.

Weston Hurd L.L.P., Ronald A. Rispo, Shawn W. Maestle, and Carol K. Metz, for appellees.

LARRY A. JONES, Judge.

{¶ 1} Plaintiff-appellant, Don Kincaid Jr., appeals the judgment of the trial court granting the motion of defendant-appellee, Erie Insurance Company ("Erie"), for judgment on the pleadings. Finding some merit to the appeal, we affirm in part and reverse in part.

{¶ 2} In 2005, Kincaid was involved in an accident in which his car struck a bicyclist. Erie, Kincaid's insurance agency, provided for his...

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