ESTATE OF HEINTZELMAN v. AIR EXPERTS, INC.

No. 2008-2173.

126 Ohio St.3d 138 (2010)

2010-Ohio-3264

ESTATE OF HEINTZELMAN, Appellee, ET AL., v. AIR EXPERTS, INC.; AMERICAN FAMILY INSURANCE COMPANY, Appellant.

Supreme Court of Ohio.

Decided July 15, 2010.


Attorney(s) appearing for the Case

Cooper & Elliott, L.L.C., Charles Cooper Jr., and Rex H. Elliott, for appellee.

Curry, Roby & Mulvey Co., L.L.C., and Bruce A. Curry, for appellant.

Freund, Freeze & Arnold and Shawn M. Blatt, urging reversal for amicus curiae Ohio Association of Civil Trial Attorneys.

Law Offices of Daniel R. Mordarski, L.L.C., and Daniel R. Mordarski, urging affirmance for amicus curiae Thomas Martel.

Paul W. Flowers Co., L.P.A., and Paul W. Flowers, urging affirmance for amicus curiae Ohio Association of Justice.

BROWN, C.J., not participating.


PFEIFER, J.

{¶ 1} In this case, we are asked to determine whether a declaratory judgment obtained in an action initiated by an insurer, holding that the insurer has no duty to indemnify its insured for injuries caused to a third party, is binding upon that third party in a separate action brought against the insurer pursuant to R.C. 3929.06. We hold that the declaratory judgment between the insured...

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