March 24, 2010
VIA EDGAR
Board of Directors
Nationwide Life Insurance Company
One Nationwide Plaza
Columbus, Ohio 43215
| Subject: | Nationwide Portfolio Innovator |
| | Nationwide Life Insurance Company |
| | SEC File No. 333-149613 |
| | CIK 0000205695 |
Ladies and Gentlemen:
I am furnishing this opinion in connection with the registration, under the Securities Act of 1933, as amended, of Nationwide Portfolio Innovator that Nationwide Life Insurance Company (Nationwide) continuously offers and sells. I have examined Post-effective Amendment No. 2 to the Registration Statement on Form S-1, and related documents, and I have reviewed the questions of law I considered necessary and appropriate. On the basis of this examination and review, it is my opinion that:
| 1. | Nationwide is a corporation duly organized and validly existing as a stock life insurance company under the laws of the State of Ohio, and is duly authorized by the Insurance Department of the State of Ohio to issue the Nationwide Portfolio Innovator. |
| 2. | Nationwide has filed the form of the Nationwide Portfolio Innovator contract in the states where it is eligible for approval. Upon issuance, the Nationwide Portfolio Innovator contract will be a valid and binding obligation of Nationwide. |
I hereby consent to the use of this opinion as an exhibit to this Registration Statement.
Sincerely,
/s/ Benjamin W. Mischnick
Benjamin W. Mischnick
Senior Counsel
Nationwide Life Insurance Company
