LTF 55 Prob. Ltd. v. Charter Oak Fire Ins. Co.

Citations

• 2020 Ohio 4294

Syllabus

Summary judgment Civ.R. 56 motion to compel insurance claim prompt notice subrogation breach of contract bad faith declaratory judgment. Defendant-insurer-appellee was not entitled to summary judgment on plaintiffs-insureds-appellants' claims. There was a genuine issue of material fact regarding whether appellee received prompt notice of Appellants' loss claim under all the circumstances and whether appellee's subrogation rights were impaired by the delayed notice. There were also issues of fact as to whether delayed notice prejudiced appellee and whether appellee denied appellants' claim in bad faith. In light of these fact issues, appellee was also not entitled to summary judgment on appellants' declaratory judgment claim. The trial court erred in granting summary judgment to appellee while appellants' motion to compel was pending.