ERIE INSURANCE GROUP v. FISHER

No. 84-43.

15 Ohio St. 3d 380 (1984)

ERIE INSURANCE GROUP ET AL., APPELLEES, v. FISHER; HESS, APPELLANT.

Supreme Court of Ohio.

Decided December 31, 1984.


Attorney(s) appearing for the Case

Messrs. Graham, Dutro & Nemeth and Mr. John C. Nemeth, for appellees.

Bradley & Farris Co., L.P.A., Mr. Philip R. Bradley and Mr. Richard D. Topper, Jr., for appellant.


J. P. CELEBREZZE, J.

This appeal presents two issues for resolution. First, under what circumstances does the right to a jury trial exist in a declaratory judgment action? Second, once initial permission has been granted to use an automobile, for what scope of operations does the user remain a permitted user for purposes of coverage under the omnibus clause of an insurance policy?

A controversy between an insurer and its insured as to its liability or duty...

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