Villaos v. Nationwide Mut. Fire Ins. Co.

Citations

• 2020 Ohio 5123

Syllabus

Appellant, injured in a dog attack at a residence, appeals grant of summary judgment in favor of insurance company. Trial court found that homeowner's insurance policy excluded coverage based on dog liability exclusion that was added to original policy. Appellant argued that exclusion was ineffective because insurance company failed to properly notify homeowners of exclusion. Trial court did not err in granting summary judgment where insurance company submitted unrefuted evidence that it mailed homeowners notice. Homeowners' testimony that they had never seen the notice, and equivocal testimony about whether they ever received communications from the insurance company, was insufficient to rebut the presumption that notice was delivered.