Smith v. Nationwide Mutual Insurance

Evans, Judge.

This is an appeal brought by Matthew Smith (“appellant”) from a decision rendered by the Court of Common Pleas of Shelby County in favor of Nationwide Mutual Insurance Company (“Nationwide”), denying appellant’s complaint for declaratory judgment.

The facts in this case are not in dispute. Appellant was involved in a automobile accident on September 3, 1993 and suffered severe injuries. At the time, appellant was insured by Nationwide. With the consent of Nationwide, appellant settled with the tortfeasor for $25,000, exhausting the tortfeasor’s liability insurance. The money paid…