Kean v. Cincinnati Ins. Co.

Citations

• 2021 Ohio 490

Syllabus

The trial court did not err in granting summary judgment in favor of defendant-appellee, the Cincinnati Insurance Company (\CIC\.) No genuine issue of material fact existed as to whether the damage to Kean's property is due to fungi or wet rot as the evidence unequivocally shows the damage to Kean's residence is fungi and wet rot damage. Neither did the trial court err in finding that the insurance policy at issue clearly and unambiguously provides that CIC's obligation to reimburse Kean for damages to his residence caused by fungi or wet rot is limited to a maximum of $10,000. Finally, the trial court did not err in finding CIC was entitled to judgment as a matter of law on Kean's claim of bad faith. Judgment affirmed.