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Kelly v. Nationwide Mutual Insurance Co.

Ohio Court of Common Pleas, Ashtabula County
188 N.E.2d 445 (Ohio Com. Pleas 1963)


Facts

Kelly (plaintiff) sued her car insurance company, Nationwide Mutual Insurance Co. (Nationwide) (defendant), to recover for damages to her truck. Nationwide claimed that Kelly’s policy was not in effect at the time the damage was incurred and attached a list of interrogatories to its answer. Interrogatory 2 asked if Kelly was the sole proprietor of the trucking business by which the truck in question was owned; Kelly’s answer was vague. Interrogatory 6 asked Kelly where the truck was when the damage occurred; Kelly answered that she did not know because someone else was driving the truck at the time. Interrogatories 10, 12, and 15-33 all related to matters that arose after the damage to the truck occurred; Kelly stated that she did not know the answer to these questions. In the end, Kelly answered all of the interrogatories, but Nationwide filed a motion to compel more complete answers.

Rule of Law

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Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Pontius, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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