Nationwide Mutual Insurance Co. v. Pasiak
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The Supreme Court affirmed the judgment of the trial court in favor of Plaintiffs in this action for a declaratory judgment to determine whether Plaintiffs were obligated to defend and indemnify Defendant under insurance policies for damages awarded against Defendant in a separate action, holding that Defendant was not entitled to relief on his allegations of error.
At issue was whether Plaintiffs, insurers, were obligated to indemnify Defendant, a business owner, under an insurance policy for liability arising from Defendant's false imprisonment of his company's employment at her workplace. The trial court concluded that Plaintiffs had a duty to indemnify Defendant, but the appellate court reversed. The Supreme Court reversed and remanded the case. After a trial de novo, the trial court concluded that coverage was barred by the policy's "business pursuits" exclusion. The Supreme Court affirmed, holding (1) the trial court properly applied the preponderance of the evidence standard at the trial de novo; and (2) Defendant's remaining claims were without merit.
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