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Richard v. Nationwide Mutual Insurance Company3/13/2003
. Daniel Richard, individually and in his capacity as executor of the estate of Donna Richard, deceased; Jack Richard, individually, and in his capacity as parent and next friend of Jeff and Kyle Richard, minors; Michael Richard, individually and in his capacity as parent and next friend of Melody and Harmony Richard, minors; Mark Richard; Todd Richard; and Jeremy Richard; appeal a judgment of the Franklin County Court of Common Pleas: (1) granting in part and denying in part appellants' motion for summary judgment on their claims against defendants-appellees, Nationwide Mutual Insurance Company (a.k.a. Nationwide Insurance Enterprise) ("Nationwide"), Erie Insurance Company ("Erie"), and Globe American Casualty Company ("Globe"); (2) granting in part and denying in part Nationwide's motion for summary judgment; (3) granting Erie's motion for summary judgment; and (4) granting in part and denying in part Globe's motion for summary judgment. Nationwide has also filed a cross-appeal, appealing the trial court's judgment. We sua sponte stayed the proceedings in this appeal pending the determination of Lemm v. The Hartford (Oct. 4, 2001), Franklin App. No. 01AP-251, which was under consideration by the Ohio Supreme Court. As that case has been decided, we now lift the stay.
.On November 8, 1998, Donna Richard was a passenger in an automobile operated by Jean Linton. Linton lost control of the vehicle, and Donna sustained injuries from which she died three days later. Donna was survived by her husband, Daniel, her sons, Jack, Michael, and Mark, and several grandchildren, Jeff, Kyle, Todd, Melody, Harmony, and Jeremy.
.At the time of the accident, various automobile insurance policies were in effect. Linton was covered by two policies of automobile liability insurance from Nationwide and American Fire & Casualty ("American"). The estate of Donna Richard settled with Nationwide and American under these policies. Further, Daniel was covered by an automobile liability policy issued by Nationwide. Mark was covered by an automobile liability policy issued by Globe. Todd was covered by an automobile liability policy issued by Nationwide. Jack was covered by an automobile liability policy issued by Progressive. Michael was covered by an automobile liability policy issued by Nationwide.
.At the time of the accident, there were also various homeowners' insurance policies in effect. Daniel had a homeowner's insurance policy issued by Nationwide. Donna's surviving children and grandchildren were each covered by separate homeowner's liability insurance policies as follows: Jack, Jeff and Kyle were covered under a homeowner's policy with Erie; Michael, Melody, and Harmony had a homeowner's policy through Nationwide; and Mark and Jeremy were also covered under a Nationwide homeowner's policy.
.On July 1, 1999, appellants filed an action against various insurance divisions of Nationwide, Progressive, Erie, Globe, and Jean Linton, claiming survivorship and wrongful death damages against Jean, and declaratory judgment seeking a determination as to the existence of underinsurance coverage against Nationwide, Progressive, Erie, and Globe. On July 8, 1999, appellants filed an amended complaint amending the count against Linton to a claim against Beverly Blake, executor of the estate of Jean Linton ("Blake"), who had also died. On June 12, 2000, Daniel filed an action against Nationwide for a determination of underinsured motorist coverage arising from his homeowner's insurance policy. On June 26, 2000, appellants' claims against Progressive were dismissed. On May 10, 2001, Blake and American were dismissed as a result of settlement. The two cases were consolidated on June 26, 2
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