By Leisa Boley Hellwarth, a dairy farmer and attorney near Celina
This past May 6, the Ohio Supreme Court issued a merit decision in Nationwide Mutual Fire Insurance Company v. Pusser. While this is not an agricultural case, everyone who has an insurance policy should be aware of the ruling. And farmers tend to have their share of insurance policies. The case deals with misstatements made by applicants when applying for insurance and the serious problems that can result.
The question before the Ohio Supreme Court was whether the specific language in an insurance policy was sufficient to warn the insured that misstatements as to warranties in her application for the policy rendered the policy void from the beginning (void ab initio). The Ohio Supreme Court ultimately held that the insurance policy involved in the case plainly stated that a breach of warranty in the application for the policy rendered the policy void ab initio. … Continue readingRead More »