Dominish v. Nationwide Insurance, 129 Ohio St. 3d 466

Storm damage to Dominish's insured residence from July 28, 2006 storm; Nationwide investigated and issued two $6,741.96 checks which Dominish voided; Dominish filed suit July 25, 2008 seeking recovery; policy contains a one-year suit limitation clause; trial court granted Nationwide summary judgment; court of appeals reversed, finding ambiguity or waiver; Supreme Court reversed appellate court, holding clause unambiguous and no waiver by Nationwide.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the one-year suit limitation clause is enforceable.	Dominish argues ambiguity or waiver defeats enforcement.	Nationwide contends the clause is unambiguous and enforceable.	Clause enforceable; not ambiguous and not waived.
Whether Nationwide waived the limitation by its conduct.	Dominish asserts waiver by recognition of liability or reasonable hope of adjustment.	Nationwide did not recognize liability beyond the partial denial; no waiver.	No waiver; enforcement permitted.

Faruque v. Provident Life & Accident Ins. Co., 31 Ohio St.3d 34 (1987) (ambiguous contract language construed against insurer; liberal interpretation in favor of insured)
Hounshell v. American States Ins. Co., 67 Ohio St.2d 427 (1981) (two-part waiver test for limitation clauses: recognition of liability or reasonable hope of adjustment)
Iglehart v. Agricultural Ins. Co., 386 P.2d 145 (Okla. 1963) (reliance on waiver when insurer admitted liability but did not pay; distinguishes partial denial)