NL Corp., Inc. v. Seneca Specialty Ins. Co.

Citations

• 2021 Ohio 1610

Syllabus

The trial court did not err by granting summary judgment to appellee- insurance company on appellant-insured's claims for breach of an insurance policy and bad faith or by granting summary judgment to the insurance company on its counterclaim for the deductible owed under the policy. The insurance company was not obligated to reimburse the insured for attorney fees and costs that it voluntarily incurred without the insurance company's consent. The insurance company's contractual duty to defend did not arise because no \suit\ was ever filed against the insured. Rather, the insurance company privately settled the claim against the insured for an amount within policy limits. The insurance company's payment of the claim triggered the insured's obligation to pay the deductible. Judgment affirmed remanded for resolution of remaining claims.