Insurer's Willingness to Reconsider Was Waiver of Deadline

CANTON, Ohio - A home insurer's expressed willingness to reconsider its claim denial constituted a waiver of the policy's one-year 'action' deadline, an Ohio appellate court has held in reversing a summary judgment order. Dominish v. Nationwide Insurance Co., No. 2009-L-116 (Ohio Ct. App., 11th Dist.).

The 11th Appellate District majority also held in its June 30 opinion that the one-year limitation of action provision was ambiguous in that it specified a deadline for "action" rather than "suit," and began running when an action was "started" rather than "filed."

Dennis J. Dominish sued Nationwide Insurance Co. after rejecting a $6,741.96 …