Thyroff v. Nationwide Mutual Insurance Co.

8 N.Y.3d 283, 864 N.E.2d 1272 (2007)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Thyroff (P) was an insurance agent for Nationwide Mutual Insurance Company (D). D leased P computer hardware and software to facilitate the collection, and transfer of customer information to D. P also used the system for personal e-mails, correspondence and other data storage that pertained to his customers. On a daily basis, D would automatically upload all of the information from P's system, including P's personal data, to its centralized computers. D then repossessed its system and P further access to the computers and all electronic records and data. P was unable to retrieve his customer information and other personal information that was stored on the computers. P sued asserting a claim for the conversion of his business and personal information stored on the computer hard drives. D motioned to dismiss, and the court held that the complaint failed to state a cause of action for conversion because P did not allege that D exercised dominion over the electronic data to his exclusion and it was undisputed that D owned the system. This appeal resulted along with the certified question.