Smith v. Nationwide Mutual Insurance

¶ 1. This is a declaratory judgment action concerning automobile insurance. Defendant Nationwide Mutual Insurance Company (“Nationwide”) appeals from an order holding it liable to its insured for a judgment entered against him in a lawsuit arising from an automobile accident that Nationwide failed to defend. Nationwide argues that it owed no defense because its insured breached its duties under the contract of insurance and was unable to defend without his cooperation. We hold that the insurer’s obligations under the contract of insurance were not relieved by the insured’s actions in this…