2010 Ohio 6068
Ohio Ct. App.2010Background
- Accident Feb 24, 2001; Guide One paid Delacruz medical expenses $5,000; Guide One filed inter-company subrogation on Feb 8, 2003; Delacruz settled with Alt for $15,000 with Nationwide settlement; Release indemnifies Alt and others and requires indemnification for subrogation claims; Arbitration awarded Guide One $5,000 on Apr 3, 2007; Nationwide paid $5,000 to Guide One on May 28, 2008; Nationwide filed suit against Delacruz May 27, 2009 seeking indemnification and unjust enrichment; trial court granted Delacruz summary judgment, holding Guide One’s filing did not toll the limitations period and that unjust enrichment did not apply due to an express contract.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Preservation of subrogation claim by arbitration tolling | Guide One timely filed arbitration within 2-year limit | Arbitration filing does not constitute commencement to toll statute | Guide One’s filing did not toll the statute; no error in summary judgment |
| Unjust enrichment where express contract exists | Contract does not negate unjust enrichment claim | Express contract bars unjust enrichment | Unjust enrichment barred due to existence of an express contract |
Key Cases Cited
- Nationwide Mut. Ins. Co. v. Buckley, 2006-Ohio-5362 (9th Dist 2006) (subrogation tolling debated; 2-year limit applied to subrogation claims)
- Nationwide Mut. Ins. Co. v. Zimmerman, 2004-Ohio-7115 (5th Dist 2004) (presentment for payment does not toll statute; no commencement under R.C. 2305.17)