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Erie Insurance Co. v. Shea3/21/2001
ent to induce reliance-is a subspecies of fraud. See 3 Restatement of the Law 2d, Torts (1965), Section 552.
As the trial court found, "Boyd did not bring suit for accidental damages to the property, but for loss of bargain due to fraudulent concealment of the condition of the house." Therefore, the trial court did not err when it concluded that Boyd's claims against the Sheas were not arguably or potentially within the scope of the Erie policy, and that Erie did not have a duty to defend.
Therefore, the assignment of error is overruled, and the judgment of the trial court is affirmed.
Further, a certified copy of this Judgment Entry shall constitute the mandate, which shall be sent to the trial court under App.R. 27. Costs shall be taxed under App.R. 24.
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