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Hahn's Electric Company v. Cochran9/24/2002
. Defendant-appellant, Hartford Casualty Company ("Hartford") appeals, and plaintiff-appellee, Hahn's Electric Company ("HEC") cross-appeals, from a Franklin County Court of Common Pleas judgment granting in part the parties' cross-motions for summary judgment on HEC's claim for coverage under a Hartford business liability insurance policy issued to HEC. At issue is whether Hartford had a duty under the policy to defend HEC against a homeowner's claims that (1) HEC's electrical workmanship was incomplete and/or faulty, and (2) a mechanic's lien HEC filed against the homeowner's property had defamed the title to the real estate .
. On March 23, 2000, HEC filed a complaint for foreclosure and unjust enrichment against defendant Eleanor Cochran, alleging Cochran owed HEC $9,500 for electrical work HEC performed at Cochran's home. As a result of Cochran's refusal to pay, HEC also filed a mechanic's lien on Cochran's home. On May 18, 2000, Cochran filed an answer and counterclaim alleging she and HEC had verbally agreed the electrical work would be performed at her property for a total cost of $2,000. Cochran presented three counts in the counterclaim, alleging: (1) HEC breached the contract because the electrical work was incomplete and not performed in a good, workmanlike manner; (2) HEC negligently performed the electrical work; and (3) the mechanic's lien HEC filed against Cochran's property had defamed the title to the real estate .
. In response to Cochran's counterclaim, HEC turned to Hartford, seeking that Hartford provide a defense for, and indemnify, HEC against Cochran's counterclaims. In a detailed letter to HEC on October 4, 2000, Hartford advised HEC of its conclusion that its policy to HEC did not provide coverage for Cochran's allegations against HEC.
. On December 5, 2000, HEC filed an amended complaint adding Hartford as a defendant and asserting three claims against Hartford: (1) declaratory judgment that the Hartford insurance policy issued to HEC provides coverage to HEC for Cochran's counterclaims; (2) Hartford's breach of its contract with HEC in its failure to defend or indemnify HEC against Cochran's counterclaims; and (3) Hartford's bad faith denial of its duties under the insurance policy by its refusal to defend or indemnify HEC. Both parties moved for summary judgment on HEC's claims against Hartford. On July 10, 2001, the trial court stayed HEC's bad faith claim, as well as discovery on the claim, pending the court's determining the issue of coverage under the Hartford policy.
. In a decision issued on October 9, 2001, the trial court granted, in part, summary judgment to both parties. Specifically, the trial court found the allegations in Cochran's breach of contract and negligence counterclaims, Counts I and II respectively, fall within the policy's general liability coverage for "property damage" caused by an "occurrence." The trial court further found, however, that because the only damages alleged are to HEC's own electrical work, the damages are excluded from coverage, and Hartford is relieved of its duty to defend or indemnify HEC against the allegations. To that extent, the trial court granted summary judgment to Hartford.
. In contrast, the trial court concluded Cochran's allegations of defamation or slander of title to real estate, Count III of the counterclaim, fall within the scope of coverage for "personal injury" as defined in the Hartford policy, thus obligating Hartford to defend against those allegations. As a result, the trial court also concluded Hartford breached its contract with HEC by refusing to defend against the slander allegations. Lastly, the court determined that, although Hartford's refu
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