State ex rel. Duffy v. Western Auto Supply Co.

134 Ohio St. 163 (1938)

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State ex rel. Duffy v. Western Auto Supply Co.

Ohio Supreme Court
134 Ohio St. 163 (1938)

Facts

Western Auto Supply Co. (Western) (defendant) was a seller of tires that provided two written warranties with each sale. One warranty provided a guarantee against defects in material or workmanship, and the other warranty provided a guarantee against loss or damage for essentially any cause or reason except fire and theft. Western was not authorized under Ohio law to provide insurance. The Attorney General of Ohio (plaintiff) brought an action against Western claiming that because the warranty shifted the risk of loss from buyer to seller, it went beyond a warranty and amounted to insurance and thus violated state insurance laws.

Rule of Law

Issue

Holding and Reasoning (Matthias, J.)

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