Nationwide Mutual Insurance Company v. Jeffrey S. Pasiak

Summary

The court held that the lower courts applied incorrect standards in determining whether the insured's false imprisonment of an employee arose out of his business pursuits. It remanded for a de novo trial limited to that exclusion, while rejecting the insurer's alternative arguments concerning the workers' compensation and abuse exclusions and public policy coverage for common-law punitive damages. The court also held that the insurer was not confined to the evidentiary record from the underlying tort action in litigating the business pursuits exclusion.