Opinion

Brown v. Gonzales

  • 50 Ohio App. 2d 254
  • 4 Ohio Op. 3d 220
  • 362 N.E.2d 658
  • 1975 Ohio App. LEXIS 5923
Court
Ohio Court of Appeals
Filed
Jul 22, 1975
Status
Published
Author
Wiley
On the bench
Brown, Wiley, Coller
Cited by
4 cases
Authority
More cited than 42.9%

The opinion

Wiley, J.,

concurring. The service of summons upon the insurance company herein did not constitute service upon the defendant. Even if the insurance company had been named a party defendant, we conclude that the Supreme Court of Ohio has stopped short of stating that service of summons on an insurance company under the facts of this case would be sufficient to make the insurance company directly liable as a party defendant or sufficient to commence the action against the insured. R. C. 3929.05 and 3929.06;

Chitlik

v.

Allstate Ins. Co.

(1973), 34 Ohio App. 2d 193 ;

cf. Heuser

v.

Crum,

(1972), 31 Ohio St. 2d 90 ; 30 Ohio Jurisprudence 2d 998, Insurance, Section 1095; 44 American Jurisprudence 2d 460, Insurance, Section 1575. For a different view, see

Shingleton v. Bussey

(Fla. 1969), 223 So. 2d 713 ; see, also, McDonald,

Joinder of Insurers,

24 Case W. Res. L. Rev. 201 (1972-73).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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