Allstate Insurance v. Rule

Three fundamental errors, arising from the informal hearing conducted by the trial court on the merits of Allstate’s claim, dictate that the judgment entered against Allstate on its complaint for a declaratory judgment be set aside and the cause remanded for further proceedings. Therefore, it is unnecessary for this court to consider the claim that the trial court abused its discretion in refusing to grant Allstate’s request for a continuance due to the inclement weather conditions.

First, the provisions of Civ. R. 41(B)(1)1 provide for a dismissal upon the failure of the plaintiff to…