Hartford Accident & Indemnity Co. v. Borchers

This appeal by plaintiff, Hartford Accident & Indemnity Company, from a judgment of the Franklin County Municipal Court raises the issue of whether a custodial parent is rendered liable by R.C. 3109.09 to an ex-spouse and noncustodial parent for theft of property of the latter by the parties’ minor child.

In its complaint, plaintiff, Hartford Accident & Indemnity Company, alleges that it paid $6,522.91 to its insured, Joseph Borchers, for tools and equipment stolen by Borchers’ son on August 6 and December 17, 1978. Plaintiff further alleges that defendant Claudine Borchers Grubb is the mother…