Intergroup Internatl. Ltd. v. Cincinnati Ins. Cos.

Citations

• 2017 Ohio 8660

Syllabus

Breach of contract summary judgment insurance coverage declaratory judgment motion to strike Loc.R.21.1. The trial court's judgment granting summary judgment to defendant was affirmed in part and reversed in part. Summary judgment was proper regarding the 2014 claim because plaintiff did not offer any evidence in its affidavit to counter defendant's expert and there was no \collapse\ as defined by the insurance policy. Summary judgment was not proper regarding the 2015 claim because genuine issues of material fact remained as to whether defendant should cover plaintiff's damage from the roof collapsing. Further, the trial court erred when it granted summary judgment to defendant on its counterclaim for declaratory judgment because defendant simply asked the court to resolve the matter in its favor and failed to ask the court to declare the rights, status, obligations or other legal relations between the parties. We also find no error in the trial court's denial of plaintiff's motion to strike the expert's supplemental affidavit under Loc.R. 21.1 because the trial court had broad discretion regarding motions to strike and the supplemental affidavit was not substantially different in opinion than his earlier affidavit.