W. LYMAN CASE & CO. v. NATL. CITY CORP.

No. 95-247.

76 Ohio St.3d 345 (1996)

W. LYMAN CASE & COMPANY, APPELLANT, v. NATIONAL CITY CORPORATION, APPELLEE.

Supreme Court of Ohio.

Decided August 14, 1996.


Attorney(s) appearing for the Case

Crabbe, Brown, Jones, Potts & Schmidt, Charles E. Brown, Steven B. Ayers and John P. Kennedy, for appellant.

Baker & Hostetler, Paul P. Eyre, Ronald S. Okada and Thomas L. Long, for appellee.


PFEIFER, J.

Because the specific terms of the stock purchase agreement impose upon National City a duty to defend Case in the Roush litigation, we reverse the judgment of the court of appeals.

The duty to defend is separate and distinct from the duty to indemnify. In Section 8.01 of the stock purchase agreement, National city agrees "* * * to defend, indemnify and hold [Case] * * * harmless * * * against any and all * * * suits * * *." In contrast, Section...

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