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North Shore Auto Financing, Inc. v. Block

188 Ohio App. 3d 48, 934 N.E.2d 381 (2010)

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North Shore Auto Financing, Inc. v. Block

Ohio Court of Appeals
188 Ohio App. 3d 48, 934 N.E.2d 381 (2010)

AR

Facts

Block (plaintiff) bought a car from North Shore Auto Financing, Inc. (defendant). The installment purchase contract charged 25 percent interest per annum, which was the legal maximum. In addition, the contract included a $35 charge for vendor’s single-interest insurance, which paid North Shore the amount due if the property was ever destroyed. The contract did not state that Block could have bought the insurance elsewhere (although none was readily available) or that the insurance cost $35, both of which were required under the Truth in Lending Act for finance charges. Block sued, arguing that the $35 charge should have been counted as a finance charge, which would have put the contract over the legal limit. North Shore responded that the $35 insurance charge was properly included as part of the amount financed and was not subject to the act’s disclosure requirements. The court ruled in North Shore’s favor, and Block appealed.

Rule of Law

Issue

Holding and Reasoning (Boyle, J.)

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