Kunz v. Buckeye Union Ins.

The issues posed within this cause are two-fold. The first query is whether the allegations in appellants’ complaint sound in tort and are governed by R.C. 2305.09, the statute of limitations for certain tort claims, or whether the allegations sound in contract and are governed by R.C. 2305.07, the statute of limitations for actions upon a contract not in writing. Second, where such insurance as acquired by the agent for the insured is not as requested by the insured, when does a cause of action accrue for the failure to procure the coverage as requested.

The Court of Appeals determined that…