Ballard v. Nationwide Ins. Co., 2013 Ohio 2316

Ballard and Glenn, insureds under Nationwide, sought payment for medical expenses after a rear-end collision involving Glenn.
Nationwide denied medical-pay claims; Appellants settled their personal injury claims with the tortfeasor, Dockrey.
Glenn settled for $10,000; Ballard settled for $11,000 and reimbursed Sentry $5,801 medical payments.
Appellants refiled in 2010 seeking breach of contract (and bad faith) for nonpayment of medical expenses.
Trial court granted summary judgment for Nationwide on breach of contract claims, finding damages extinguished by settlements.
Appellants appeal, arguing damages remained or Snider v. Nationwide Assur. Co. controls differently.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Damages element post-settlement	Ballard/Glenn assert damages exist despite settlements.	Damages extinguished because medical expenses were fully paid via tortfeasor settlement.	Damages extinguished; breach claim fails.
Applicability of Snider v. Nationwide	Snider should not control because no failure to cooperate or similar.	Snider directly applies; full settlement eliminates damages regardless of cooperation.	Snider applicable; breach claim fails.

Snider v. Nationwide Assur. Co., 2009-Ohio-1026 (7th Dist. 2009) (settlement with tortfeasor extinguishes damages in medical payments breach claim)
Jayne v. Wayne Mut. Ins. Co., 2004-Ohio-6934 (4th Dist. 2004) (complete settlement eliminates damages for breach of contract)
Dietrich v. Peters, 28 Ohio App. 427 (8th Dist. 1928) (insurance payment/subrogation issues independent from bailment claims)
Yates v. Allstate Ins. Co., 2005-Ohio-1479 (5th Dist. 2005) (not applicable to underinsured motorist claims here)
Sanderson v. Ohio Edison Corp., 69 Ohio St.3d 582 (1994) (duty to defend and insured's rights when insurer refuses to defend)
Bakos v. Insura Prop. & Cas. Ins. Co., 125 Ohio App.3d 548 (8th Dist. 1997) (uninsured motorist issues; distinguishable factual posture)