*2 were not informed of this Conti- EDWARDS, Before CELEBREZZE Beauge. nental or McCREE, Judges. 9, Thereafter, or about March on PER CURIAM. Cy- by was commenced suit in the Court of against is from an order of the appeal ruses County, Pleas of Lawrence for the District Southern Common District 35823), seeking dam- (Case granting summary Ohio of Ohio injuries a result diversity ages in a action for dam- as defendant option not its exercises Insurer when sustained Cyrus in said Carol Sue said only recourse claim, the settle assumed the de- accident. on an based to file has Insured plain- on behalf of of said action fense tiffs, Supreme Court Ohio faith. discuss but refused to settlement Casualty Union Buckeye Wasserman Cyruses. Continental and with 290 N.E.2d St.2d Co., Ohio Beauge assured *3 tort ac- faith that bad finds be handled and and suit would claim having been filed not tion. plaintiffs. disposed of at no cost statutory period is barred. tort Cyruses and their told the Continental Dis- Judgment affirm I would obligation it attorney that had Court. trict damages want of cover- respond in for policy, but it did not age under said position
inform of plaintiffs any policy not disclose to
did asserting. it was Plaintiff
defense sought
John Harold Wolfe to settle di-
rectly Cyruses with the out of his own
funds, but was told Continental he could not so without void-
that do coverage his under Continental’s Plaintiffs were not informed policy. Plaintiff-Appellee, BAPTISTE, Leonard Beauge Continental status v. prior to the suit trial or of the fact of approaches to settlement made that VIRGIN OF GOVERNMENT Cyruses summarily rejected Defendant-Appellant ISLANDS, by Continental. 75-1330. in No. interpretation para- is our of these It Plaintiff-Appellee, JAMES, Augustin graphs they a breach allege of con- appellee of tractual policyholder to advise its of VIRGIN OF GOVERNMENT possibility of settlement. Defendant-Appellant ISLANDS, action for of contract under An breach 75-1744. in No. governed by law is O.R.C. 2305.- Ohio 06, 75-1744. 75-1330, 75-1468 Nos. 15-year which establishes a statute of limitations. of Court States United Circuit. Third mind, the above With consideration in of the District Court the dismissing Argued 75-1744 75-1330 Nos. the tort of claims 4, 1975. Dec. affirmed, in order to allow but of request Submitted 75-1468 concerning proofs their claim to offer 4, 1975. Dec. counsel they damages due suffered contract, judgment pre- violation 9, 1976. Jan. Decided by the District viously entered Court dis- in its missing entirety case is vacated the case is remanded to the District proceedings. further for
CELEBREZZE, (dissent- Judge
ing). express language the absence of Insurance, the In- Contract agrees indemnify the Insured
surer limits, of policy the amount in excess