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VALLEY PAINT & BODY v. INS. CO. OF PENNSYLVANIA

No. CA2010-08-059.

2011 Ohio 1307

Valley Paint & Body dba Mercedes Benz of Cincinnati Collision Center, et al., Plaintiffs-Appellants, v. The Insurance Company of the State of Pennsylvania, Defendant-Appellee.

Court of Appeals of Ohio, Twelfth District, Clermont County.

March 21, 2011.

Attorney(s) appearing for the Case

Becker & Cade, Dennis A. Becker , 526 A Wards Corner Road, Loveland, Ohio 45140, for plaintiffs-appellants.

Garvey Shearer, PSC, John J. Garvey III , and Jason E. Abeln , 300 Buttermilk Pike, Suite 336, Ft. Mitchell, Kentucky 41017, for defendant-appellee.

OPINION

POWELL, P.J.

{¶1} The trial court found that an insurance company was no longer obligated to perform on a particular claim after the insureds failed to cooperate with their insurance company by assigning to an auto body shop the right to collect the difference between the amount the insurance company paid and the repair bill. The court also found the insureds were unable to show any damages when the body shop released the vehicle...

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