Nationwide Mutual Insurance v. Hargraves

Joseph W. Hargraves, Jr. owned a 1984 BMW automobile which was stolen on November 3, 1987. He reported the theft to the police and to his insurer, Nationwide Mutual Insurance Company (Nationwide).

On January 19, 1988, Nationwide informed Hargraves that it was prepared to pay his theft claim and the parties agreed on the sum of $11,355.75 as compensation for the loss. On January 20, 1988, Hargraves picked up a check for $2,071.29 and two days later he received a second check from Nationwide for the balance.

On August 9, 1988, Nationwide initiated this suit against Hargraves alleging that prior…