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DISCOVER PROPERTY & CAS. CO. v. PROGRESSIVE CAS.

No. 96125.

2011 Ohio 3841

Discover Property & Casualty Co., Plaintiff-Appellant, v. Progressive Casualty, et al., Defendants-Appellees.

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

RELEASED AND JOURNALIZED: August 4, 2011

Attorney(s) appearing for the Case

Philip J. Weaver , Smith Marshall, LLP, 1425 Superior Building, 815 Superior Avenue, Cleveland, Ohio 44114-2703, Attorney for Appellant.

Joseph R. Tira , Michael R. Shanabruch , 625 Alpha Drive, Box #011B, Highland Heights, Ohio 44143, for Progressive Casualty, Ian R. Luschin , Williams, Moliterno & Scully Co., L.P.A., 2241 Pinnacle Parkway, Twinsburg, Ohio 44087-2387, for Geico Casualty Company, Attorneys for Appellees.

BEFORE: Blackmon, P.J., Rocco, J., and E. Gallagher, J.

JOURNAL ENTRY AND OPINION

PATRICIA ANN BLACKMON, P.J.

{¶ 1} Appellant Discover Property & Casualty Co. ("Discover") appeals the trial court's granting of summary judgment in favor of appellees Progressive Casualty ("Progressive") and Geico Casualty Company ("Geico") and assigns the following error for our review:

"I. Discover is entitled to summary judgment because Ohio law does not distinguish between carrying property...

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