NL CORP., INC., Plaintiff-Appellant v. SENECA SPECIALTY INSURANCE COMPANY, Defendant-Appellee, 2021-Ohio-1610

Summary

HOLDINGS: [1]-The trial court's summary judgment in favor of an insurer on an insured's claims for breach of an insurance policy and bad faith was proper, as the insurer's contractual duty to defend was never triggered because no "suit" for damages was ever filed against the insured; consequently, the insurer was not obligated to pay fees and costs of an attorney that the insured voluntarily retained. [2]-The insurer did not act in bad faith, as the insured presented no evidence that anything the insurer did was arguably unreasonable, given the circumstances and undisputed terms of the contract. [3]-Just because the trial court did not refer to the insured's expert affidavit did not mean that the court necessarily did not consider it; other than its failure to mention the affidavit, there was no evidence suggesting that the trial court did not consider the affidavit.