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Troiano v. Steitz9/10/2004
JUDGMENT: Affirmed
Plaintiff-appellant Joseph A. Troiano, Executor of the Estate of Christine Troiano, appeals the January 16, 2004 Judgment Entry of the Delaware County Court of Common Pleas, granting judgment in favor of defendant-appellee Nationwide Agribusiness Insurance Co. ("Nationwide").
STATEMENT OF THE FACTS AND THE CASE
On October 19, 2000, Christine Troiano was killed as a result of an automobile accident caused by Thomas Steitz. At the time of the accident, Troiano was commuting to her place of employment with the Westerville City School District ("WCSD"), where she was employed in the Food Services Division.
On the date of the accident, WCSD and its employees were covered under a Business Automobile Policy with Nationwide. The policy contained a UM/UIM endorsement defining an "insured" as an employee "while in the course and scope of their employment by the `Named Insured' or while performing duties related to the `Named Insured's' business." (Emphasis added).
On October 3, 2001, Joseph A. Troiano, as the Executor of the estate of Christine Troiano, filed a wrongful death claim against Thomas Steitz and his father, based on negligence, with a declaratory judgment action against various insurers, including Nationwide.
The Steitz's settled with appellant for their policy limits in the amount of $100,000. All other named insurance companies, other than Nationwide, were ultimately dismissed.
Nationwide and Troiano each filed motions for summary judgment. On August 6, 2002, via Judgment Entry, the trial court sustained Troiano's motion for summary judgment, and denied Nationwide's motion for summary judgment. The trial court found Christine Troiano an insured under the Nationwide policy at the time of her death; therefore, entitled to UM/UIM benefits by operation of law.
On October 8, 2002, Nationwide filed a motion to reconsider the trial court's August 6, 2002 Judgment Entry. On January 16, 2003, the trial court denied the motion.
Nationwide then appealed to this Court on February 10, 2003, and this Court dismissed the appeal and remanded for lack of a final appealable order.
On April 10, 2003, Nationwide filed another motion for reconsideration, which the trial court denied the motion on June 11, 2003.
On August 1, 2003, the parties entered into an agreement for stipulated damages. At the same time, the parties agreed to submit the issue of whether Christine Troiano was an insured under the express UM/UIM endorsement to the policy to the trial court for findings of fact and conclusions of law.
On November 5, 2003, the Ohio Supreme Court issued its decision in Westfield Ins. Co. v. Galatis (2003), 100 Ohio St.3d 216, overruling Scott-Pontzer v. Liberty Mutual Fire Ins. Co. (1999), 85 Ohio St.3d 660 and its progeny, which formed the basis for the trial court's August 6, 2002 Judgment Entry denying Nationwide's motion for summary judgment and granting appellant's motion for summary judgment.
On January 16, 2004, the trial court conducted the evidentiary hearing on the issue of whether Christine Troiano was an insured under the Nationwide UM/UIM endorsement. At the conclusion of the hearing, the trial court found on the record: Christine Troiano was commuting to her place of employment at the time of her accident; however, an employee's commute to work did not fall under either clause of the UM/UIM endorsement definition of "Who is an Insured." On January 16, 2004, the trial court via Judgment Entry, entered judgment in favor of Nationwide with the determination the entry was a final appealable or
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