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City of Sharonville v. American Employers Insurance Co.9/3/2004
uced the plaintiffs to act to their own detriment. Further, the cases cited by the insurers are not relevant because they involve common-law fraud actions. Here, the Kammeyer plaintiffs did not sue for fraud. They sued for the deprivation of their civil rights. The fraud exclusion does not surface in this case. It is not even below the surface. Or under the sea.
{ } We hold that the LEL Insurers have a duty to defend Sharonville in the Kammeyer action.
{ } Therefore, we sustain Sharonville's sole assignment of error as it relates to the LEL Insurers. As long as the Kammeyer complaint still has the allegations that trigger the LEL Insurers' duty to defend, the LEL Insurers have that duty.
i. Conclusion
{ } We affirm the summary judgment entered in favor of the General Liability Insurers. We reverse the summary judgment entered in favor of the LEL Insurers and instruct the trial court to grant summary judgment in favor of Sharonville on its claim against the LEL insurers. We remand for further proceedings consistent with this decision.
Judgment affirmed in part and reversed in part, and cause remanded.
DOAN, P.J., and HILDEBRANDT, J., concur.
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