# Breech v. Liberty Mut. Fire Ins. Co.

> Ohio Court of Appeals · December 21, 2017 · 101 N.E.3d 1199

URL: https://www.frixlaw.com/law-library/cases/9879660

## Case

- **Full name:** Lois BREECH, Plaintiff-Appellant v. LIBERTY MUTUAL FIRE INSURANCE COMPANY, Et Al., Defendant-Appellee
- **Court:** Ohio Court of Appeals
- **Decided:** December 21, 2017
- **Citations:** 101 N.E.3d 1199; 2017 Ohio 9211
- **Precedential status:** Published
- **Opinion:** Concurring in part by Hoffman
- **Judges:** Hon, Delaney, Hoffman, Wise
- **Cited by:** 6 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/9879660

## Opinion text

Hoffman, J., concurring in part and dissenting in part
{¶ 46} I concur in the majority's analysis and decision regarding this Court's jurisdiction to review Appellant's assignments of error. However, I respectfully dissent from the majority's decision to sustain Appellant's first assignment of error and to reverse the trial court's decision.
{¶ 47} Given the unrefuted testimony of Attorney Farnan concerning the accepted, common practice of releasing the entity paying money on behalf of its insurer, in addition to the party being released, I would find the failure of the agreement to specifically discuss the release of Crum & Forster is a "less essential term" of the settlement agreement. The trial court properly determined the parties intended to be bound by the agreement and the trial court was free to fashion the release terms to restrict the scope of the release of Crum & Forster in accordance with the acknowledgment set forth by Attorney Farnan at the hearing.
1
I would also overrule Appellant's second assignment of error.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9879660. Public record. Not legal advice.