Kelly v. Nationwide Mut. Ins. Co.

23 Ohio Op. 2d 29, 188 N.E. 2d 445 (1963)

Facts

Kelly's (P) tractor was damaged when someone put sugar into the fuel tank in April 1961. P sued Nationwide (D) to recover under a comprehensive insurance policy. D made a general denial and also denied that the policy was in effect in April 1961. Attached to D's answer was a list of 42 interrogatories directed to P. P answered the interrogatories but failed to answer them completely, and D moved to require more complete answers.