Morris v. Ohio Casualty Insurance

The sole question posed for our consideration is whether an insurance carrier may be liable for conversion when the carrier authorizes its bank to pay a draft over a forged endorsement. For the reasons expressed infra, we answer the question in the affirmative and, accordingly, uphold the decision of the court of appeals.

It is axiomatic that a motion for *47summary judgment may only be granted where there exists no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. Civ. R. 56(C). Moreover, summary judgment is inappropriate unless it appears…