Kaplan Trucking Co. v. Grizzly Falls Inc.

Citations

• 2017 Ohio 926

Syllabus

R.C. 3929.06, statutory subrogation R.C. 3929.27, solicitor agent of company, cargo insurance, statutory and common law agency, implied, apparent and express authority, estoppel, breach of insurance contract. The trial court's grant of appellees' insurer's motion for summary judgment denying coverage of appellant's cargo insurance claim is reversed and remanded. There are genuine issues of material fact as to the interpretation of the notice provision of the insurance contract, the agency relationship between the parties, and the sufficiency of notice thereto, and the appellant's entitlement as a judgment credit under statutory subrogation provision R.C. 3929.06, to recover a judgment against the appellees' insurer where the insured failed to satisfy a judgment obtained by appellant.