# Home Indemnity Co. v. Village of Plymouth > Ohio Supreme Court · December 12, 1945 · 146 Ohio St. 96 URL: https://www.frixlaw.com/law-library/cases/3783065 ## Case - **Full name:** The Home Indemnity Co., New York, Appellee, v. Village of Plymouth Et Al.; Moore, Admx., Appellant - **Court:** Ohio Supreme Court - **Decided:** December 12, 1945 - **Citations:** 146 Ohio St. 96; 146 Ohio St. (N.S.) 96; 32 Ohio Op. 30; 64 N.E.2d 248; 1945 Ohio LEXIS 366 - **Precedential status:** Published - **Opinion:** Concurrence by Bell - **Judges:** Hart, Weygandt, Zimmerman, Bell, Williams, Turner, Matthias, Turnee - **Cited by:** 97 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/3783065 ## Opinion text Bell, J., concurring. In my judgment, ordinarily the questions of whether an indemnity company is re *105 quired to defend under the provisions of its indemnity contract and whether a given state of facts comes within the coverage of such contract are not proper subjects to be determined in an action for a declaratory judgment for the reason that under the Ohio statute the indemnity company has the right to have those questions determined by a jury after liability has been established. However, the indemnity company (the insurer), the village of Plymouth (the insured) and the administratrix of the estate of the deceased, all being parties in the instant case, coupled with the fact that all parties herein waived a trial by jury upon those questions and joined in a prayer for a declaratory judgment, all are bound by the present judgment.. Therefore I concur. See Radaszewski v. Keating, Exrx., 141 Ohio St., 489 , 49 N. E. (2d), 167. Turnee, J., concurs in the foregoing concurring opinion. --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3783065. Public record. Not legal advice.