In an action alleging that defendant-insurer breached its insurance agreement in bad faith by refusing to defend plaintiff in an arbitration, summary judgment for defendant is affirmed where defendant properly refused to defend plaintiff because the allegations in the arbitration did not state a claim potentially within the scope of the policy’s coverage.

Read Ganim v. Columbia Cas. Co., No. 08-3945

Appellate Information

Argued: June 9, 2009

Decided and Filed: July 23, 2009

Judges

Opinion by Judge Martin

Counsel

For Appellant:

Michael David Zaverton, Walter & Haverfield LLP, Cleveland, OH

For Appellee:

Andrew L. Margulis, Ropers, Majeski, Kohn & Bentley, New York, NY

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