Bolin v. Allstate Property and Casualty Ins. Co.

Citations

• 2018 Ohio 3396

Syllabus

The trial court, because the claims are barred by the one-year limitations period set forth in each insurance contract, properly sustained Appellees' motion for judgment on the pleadings regarding Appellants' causes of action for declaratory judgment and breach of contract. Further, the trial court appropriately dismissed the negligent fulfillment of contractual duties cause of action because it was not a cognizable tort claim. Appellants' assignment of error relating to the imposition of discovery sanctions and Appellees' cross-appeal are rendered moot by this decision. The trial court, however, erred by dismissing Appellees' bad faith cause of action, and the associated claim for punitive damages, because, under Bullet Trucking, Inc. v. Glen Falls Ins. Co., 84 Ohio App.3d 327, 616 N.E.2d 1123 (2d Dist. 1982), a contractual limitations period does not control the statute of limitations regarding the tort of bad faith. Judgment affirmed in part, reversed in part, and remanded for further proceedings consistent with this opinion. (Froelich, J., concurring.)