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Cincinnati Insurance Co. v. Anders6/25/2003
Insurance - Duty of insurer to defend - Insurance policies insuring against liability for property damage arising from accidents do not provide coverage to homeowners who are sued for their negligent failure to disclose to purchasers damage to the property that occurred during the sellers' occupancy.
Submitted February 11, 2003
I. Facts
A. Cincinnati Insurance Company v. Anders
. Appellants, Roger and Jenny Hastings, appeal from the judgment of the Greene County Court of Appeals affirming the trial court's declaratory judgment in favor of appellee, Cincinnati Insurance Company ("CIC").
. This case is related to a complaint filed by Jeffrey and Julie Anders against the Hastingses, alleging that the Hastingses failed to disclose structural, electrical, mechanical, and plumbing defects in the home they sold to the Anderses. The only damage the Anderses put at issue in the appeal was allegedly caused by installation of fiberglass insulation with the vapor barrier on the wrong side, leading to the eventual deterioration of the floor joists.
. The Hastingses requested that their insurer, CIC, provide them with legal representation pursuant to their homeowner's insurance policy and its umbrella endorsement. After considering the complaint against the Hastingses, CIC refused to provide a defense against any of the Anderses' nine claims. Thereafter, the trial court granted the Hastingses' motion for summary judgment with respect to all of the Anderses' claims except those for breach of contract and unjust enrichment.
. CIC then filed a complaint in the Common Pleas Court of Greene County for declaratory judgment against both the Hastingses and the Anderses, seeking a determination that it was not required under the homeowner's policy with its umbrella endorsement to defend the Hastingses against the claims of the Anderses. The Hastingses filed a counterclaim for a declaration that they had a right to a defense on the claim of negligent misrepresentation in the underlying action as well as a claim for bad faith. The trial court declared that neither the basic homeowner's policy nor its liability umbrella endorsement required CIC to provide a defense against any of the claims asserted by the Anderses against the Hastingses.
. The Court of Appeals for Greene County affirmed, holding that "the Anders' claims against the Hastings were not arguably or potentially within the scope of the policy, and CIC did not have a duty to defend." Thereafter, the court of appeals recognized that this holding was in conflict with Spalding v. Aetna Cas. & Sur. Co. (Oct. 11, 1994), Stark App. No. CA 9429, 1994 WL 590438. Accordingly, on March 20, 2002, we determined that a conflict existed and ordered the parties to brief the following issue:
. "Whether insurance policies covering personal injuries arising out of property damage provide coverage to homeowners who are sued for their negligent failure to disclose to purchasers damage to the property that occurred during the sellers' occupancy."
. This cause is now before this court upon our determination that a conflict exists. B. GuideOne Mutual Insurance Company v. Reno
. Appellants, Lee and Melanie Reno, appeal from the judgment of the Greene County Court of Appeals affirming a declaratory judgment by the Common Pleas Court of Greene County in favor of appellee, GuideOne Mutual Insurance Company ("GuideOne").
. In 1998, Jeffrey Cooper purchased a home from the Renos, which he later alleged had extensive structural damage caused by termite infestation. Cooper sued the Renos, asserting claims of intentional fraudule
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