Offill v. State Farm Fire & Cas. Co., 2012 Ohio 6225

Offill suffered theft loss in 2003 and fire loss in 2004 to personal property.
In 2005 Offill filed suit against State Farm alleging breach of insurance contract; voluntarily dismissed without prejudice later that year.
A second action was filed in 2011 asserting breach for losses in 2003 and 2004.
The policy requires suit to be started within one year after the date of loss.
State Farm moved for judgment on the pleadings arguing the action was not started within one year; the trial court granted the motion.
The Ohio Supreme Court issued Dominish holding that the one-year provision is unambiguous and governs whether a suit must be filed within one year.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Offill started suit within one year of loss	Offill asserts the claim was timely under policy and Dominish ambiguity finding.	State Farm argues no timely action started within one year after loss.	Not timely; one-year period enforced
Effect of Dominish on ambiguity and timing	Dominish is wrongly decided; policy not unambiguous.	Dominish controls; language unambiguously requires filing within one year.	Dominish controls; policy language unambiguous
Whether alleged negotiations/waiver after loss could toll the period	Negotiations could indicate waiver of the one-year period.	No record evidence of waiver or leave to amend; no tolling established.	No waiver tolling established; judgment affirmed

Dominish v. Nationwide Ins. Co., 129 Ohio St.3d 466 (2011-Ohio-4102) (unambiguous one-year suit limitation; start means filing within year)