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Erie Insurance Co. v. Maxwell9/29/1999
cause of Ms. Maxwell's attempt to "conceal the accident" by driving the car into the field and abandoning it. It has argued that it has been prejudiced because there is no way to determine what damage was caused when the car slid into the ditch and what damage was caused by Ms. Maxwell's intentional act of driving the car into the field.
As discussed above, Erie failed to prove that its ability to investigate the claim or its ability to defend the claim were impaired. Further, Erie failed to prove that it was impossible to determine the amount of damage to the vehicle that was caused by the accident. Accordingly, the trial court's finding that the actions of the Maxwells resulted in material and substantial prejudice to Erie was against the manifest weight of the evidence.
III.
The Maxwells' assignments of error are sustained. The judgment of the trial court is reversed.
Judgment reversed.
The Court finds that there were reasonable grounds for this appeal.
We order that a special mandate issue out of this Court, directing the Court of Common Pleas, County of Wayne, to carry this judgment into execution. A certified copy of this journal entry shall constitute the mandate, pursuant to App.R. 27.
Immediately upon the filing hereof, this document shall constitute the journal entry of judgment, and it shall be file stamped by the Clerk of the Court of Appeals at which time the period for review shall begin to run. App.R. 22(E).
Costs taxed to Appellee.
Exceptions.
BETH WHITMORE
FOR THE COURT
BAIRD, P.J.
SLABY, J.
CONCUR
APPEARANCES:
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