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JTO, INC. v. STATE AUTO. MUT. INS. CO.

No. 2010-L-062.

194 Ohio App.3d 319 (2011)

2011-Ohio-1452

JTO, INC., Appellant, v. STATE AUTOMOBILE MUTUAL INSURANCE COMPANY, Appellee.

Court of Appeals of Ohio, Eleventh District, Lake County.

Decided March 25, 2011.

Attorney(s) appearing for the Case

Dworken & Bernstein Co., L.P.A., Richard N. Selby II , and Keith R. Kraus , for appellant.

Glowacki & Associates Co., L.P.A., James L. Glowacki , and Christopher M. Corrigan , for appellee.

MARY JANE TRAPP, Judge.

{¶ 1} JTO, Inc., a construction company, appeals from a judgment of the Lake County Court of Common Pleas. The court dismissed its complaint seeking a declaration that State Automobile Mutual Insurance Company ("State Auto") has a duty to indemnify and defend JTO in a lawsuit relating to a hotel constructed by JTO. The damage to the hotel was brought about by water infiltration, which was caused by defects in the construction...

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