Charles T. Mack (Mack) had a homeowners policy with Nationwide Mutual Fire Insurance Company (Nationwide) and filed a claim for losses sustained in a November 14, 2002 theft at his home. Mack claimed a loss of almost $27,000 for musical recording and playing equipment. Based on Mack's examination under oath taken on February 11, 2003, Nationwide determined the musical equipment was businesss property and paid only $500, the amount available under the corresponding policy provision. Mack sued Nationwide for breach of contract, asserting that the musical equipment should be covered as personal property, for which a limit on the policy of almost $40,000 applied. The trial court granted Nationwide's motion for summary judgment and Mack appealed.

On appeal, Mack asserted that a fair reading of his deposition showed the equipment was used as personal property, with the hope of some day being used professionally. He argued that the policy was ambiguous with respect to what constituted business property and the trial court failed to construe coverage. The appellate court held that, despite the absence of a definition, the phrase (business property) did have a plain and ordinary meaning and it was not appropriate for the court to reconstruct the policy language.

Mack also argued that business property as a term left open the possibility that it included property used exclusively, usually used, sometimes used and never even one time used in pursuit of a trade, profession or occupation. Once again, the appellate court held there was no ambiguity in the term. The court thoroughly reviewed the recorded deposition and determined that Mack admitted that he owned the equipment for purposes of his trade, profession or occupation.

The appellate court held that the trial court correctly ruled that the equipment qualified as business property under the Nationwide policy and was subject to the $500 special limit of liability. It affirmed the findings of the trial court and assessed all costs of the appeal to Mack.

Charles T. Mack, Appellant, v. Nationwide Mutual Fire Insurance Company, Appellee. Ohio Court of Appeals, Sixth Appellate District. No. L-04-1180. Filed June 3, 2005. Appeal from the Court of Common Pleas, Lucas County. Affirmed. 2005 CCH Personal and Commercial Liability Cases. Paragraph 1,081.