Kelly v. Nationwide Mutual Insurance

Plaintiff sued to recover damages to a motor vehicle under the terms of a comprehensive insurance policy, claiming that the damages arose because someone put sugar in the fuel tank of Plaintiff’s truck “during the latter part of April, 1961.” The Defendant denies that such an insurance policy was in effect on April 19, 1961, and otherwise its answer amounts to a general denial. To Defendant’s answer was attached a list of forty-two interrogatories directed to Plaintiff. Plaintiff answered the interrogatories but Defendant moved to require more complete answers by Plaintiff.

The issue presented…