Smith v. Nationwide Mutual Insurance

In this case, we are asked to determine whether the Ohio Certificate of Title Act1 or the Ohio Uniform Commercial Code2 determines the issue of whether an alleged *152seller’s insurance policy applies with respect to risk of loss or damage after the sale of an automobile. Analysis of the pertinent statutes and recent case law leads us to conclude the Ohio Uniform Commercial Code controls.

R.C. 1302.42(B), U.C.C. 2-401, provides:

“Unless otherwise explicitly agreed, title passes to the buyer at the time and place at which the seller completes his performance with reference to the physical delivery…