Legal Opinion · Dissent

Nationwide Mutual Insurance v. Marsh

Ohio Supreme Court

Decided December 31, 1984No. 84-180Published

1DissentHolmes, J.

I dissent due to the majority’s failure to recognize the conclusiveness of the insurance binder in question.

A binder of insurance is deemed to consist of the standard policy and any additional coverage requested by the insured. A binder has generally been defined as an instrument which is used when a policy cannot immediately be issued, to evidence that coverage attaches at a specific time and continues until the policy is issued. 43 American Jurisprudence 2d (1982) 304, Insurance, Section 219. It is well-settled that when the issuance of a binder is followed by the delivery of a written…

2Cases cited18 opinions

  1. Allen v. Metropolitan Life InsuranceSupreme Court of New Jersey · 1965
  2. Reynolds v. Northwestern Mutual Life InsuranceSupreme Court of Iowa · 1920
  3. Hyder v. Metropolitan Life Insurance Co.Supreme Court of South Carolina · 1937
  4. DeCesare v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1932
  5. Reishus v. Implement Dealers Mutual Insurance Co.North Dakota Supreme Court · 1962

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