Lessak v. Metropolitan Casualty Ins. (106 Ohio App. 179, 1957)

Doyle, J.

William J. Lessak, engaged in business as the “Massillon Road Hardware and Lumber Company,” commenced the case here under review in the Common Pleas Court of Summit County, in which he sought a declaratory judgment to determine whether a policy of liability insurance issued to him by the Metropolitan Casualty insurance Company of New York provided coverage for liability arising out of a personal injury action brought against him and others by one Floyd Daniel Pouts, a minor.

The word “coverage,” as used above, is meant to apply to an obligation of the insurance company to defend the assured Lessak in court, as well as to pay any judgment which may ultimately be rendered against him in the now pending personal injury action instituted by the said minor, Fouts, through his guardian ad litem.

The trial court found that the policy afforded full protection to the assured, and its judgment was duly entered.

From this judgment, appeal has been perfected to this court, and the appellant, in its quest of a reversal of the order, presents, inter alia, the following claims of error:

“1. The court erred in its interpretation of the insurance policy contract introduced in evidence as ‘Appendix A’ attached to the appellee’s petition.

“2, The court erred in finding that the defendant insurance company has obligated itself to both defend W. J. Lessak * * * in the Court of Common Pleas of Summit County, Ohio, and to pay any damage judgment that may be finally awarded against

William J. Lessak up to the stated limits of the liability.

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