In Bowling v. Grange Mut. Cas. Co., No. 05AP-51, 2005 WL 2981247 (Oh. App. Nov. 8, 2005), an Ohio appeals court ruled that an insurance company failed to show that its neglect in failing to timely answer a complaint should be excused.

Russell and Marsha Bowling filed a lawsuit against Kemper Insurance Company for breach of contract in denying an uninsured/underinsured motorist claim. The Bowling's complaint was served on Kemper on December 10, 2002, via certified mail. Kemper claimed it was not properly served.