Kamnikar v. Fiorita

Citations

• 2017 Ohio 5605

Syllabus

Trial court did not err by dismissing claims for bad faith and negligence brought by a third-party claimant against a liability insurer and its insureds. Economic loss rule generally bars recovery in tort of damages for purely economic loss. Trial court did not err by dismissing third-party claims for fraud and negligent misrepresentation against the insurance company and its insureds where the complaint acknowledged that the third-party claimant did not rely on the alleged misrepresentations. Sanctions for failure to admit, pursuant to Civ.R. 37(C)(2), are not available where the nonmoving party admits the previously denied matter prior to trial. Motion for sanctions denied judgment affirmed.