# Brown v. Gonzales

> Ohio Court of Appeals · July 22, 1975 · 50 Ohio App. 2d 254

URL: https://www.frixlaw.com/law-library/cases/3716468

## Case

- **Full name:** Brown, Appellant, v. Gonzales Et Al., Appellees
- **Court:** Ohio Court of Appeals
- **Decided:** July 22, 1975
- **Citations:** 50 Ohio App. 2d 254; 4 Ohio Op. 3d 220; 362 N.E.2d 658; 1975 Ohio App. LEXIS 5923
- **Precedential status:** Published
- **Opinion:** Concurrence by Wiley
- **Judges:** Brown, Wiley, Coller
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3716468

## Opinion text

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).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3716468. Public record. Not legal advice.