Kelly v. Nationwide Mutual Insurance

Ness, Justice:

This is an action for breach of an insurance contract and breach of contract accompanied by a fraudulent act brought by the policyholder, appellant Kelly, against the insurer, respondent Nationwide Mutual Insurance Company. Appellant contends trial court erred in granting Nationwide’s motion for judgemnt N.O.V. on the claim for breach of contract accompanied by a fraudulent act. We disagree and affirm.

Appellant purchased an automobile and insured it under his existing Nationwide policy. Nationwide issued appellant a *489written binder covering the additional car. Approximately six…