This section contains the nature of the case and procedural background.

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.

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