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Griffith v. Wausau Business Insurance Co.3/4/2003
t. In Ezawa, the Supreme Court extended Scott-Pontzer to cover family members of employees.
.In Roberts v. Wausau Business Ins. Co., 149 Ohio App.3d 612, 2002-Ohio-4734, this court recently decided whether Scott-Pontzer applies to an employee of a school district that is the named insured on a business automobile insurance policy that provides UIM coverage and uses policy language identical to the language of the Scott-Pontzer policy. Roberts rejected Wausau's attempt to distinguish Scott-Pontzer on the basis that the policy in Scott-Pontzer was issued to a for-profit corporation, whereas the policy in Roberts was issued to a board of education for a school district.
.Regarding Wausau's contention, presented again in this appeal, that statutory provisions, including R.C. 3313.201 and 3327.09, limit a board of education's authority to purchase UIM coverage to only those employees who are acting within the course and scope of their employment with the school district, this court concluded as follows:
." here is nothing in these statutory provisions that precludes a board of education from purchasing and/or extending UIM coverage to its employees under the circumstances presented here. Indeed, as appellees point out, the Revised Code specifically authorizes political subdivisions and/or boards of education to purchase UIM coverage for its employees, and there is nothing limiting that coverage to only those employees who are within the scope and course of employment." Roberts at .
.Roberts also found unpersuasive Wausau's argument, raised again here, that the plaintiff, a teacher for a public school district, was not an "employee" as defined in R.C. 2744.01(B), and thus not insured under the policy as an employee, because she was not within the course and scope of her employment with the school district at the time of her accident. Observing that R.C. 2744.01 defines and limits the use of the term "employee" to the Revised Code Chapter concerning political subdivision tort liability, this court concluded the statutory definition did not affect the plaintiff's status as an insured for UIM purposes. Id. at .
.Wausau urges this court not to follow Roberts and to hold that the rationale of Scott-Pontzer does not extend to business automobile policies of insurance issued to school district boards of education. Consistent with Roberts, however, the analysis of the Supreme Court in Scott-Pontzer, and the extension of Scott-Pontzer in Ezawa, apply to the Wausau policy issued to Granville. Roberts is in accord with other Ohio state courts of appeals that have addressed this issue and have similarly, and unanimously, concluded the analysis of Scott-Pontzer applies to commercial automobile policies of insurance issued to school district boards of education. See Mizen v. Utica Natl. Ins. Group (2002), 147 Ohio App.3d 274, appeal not allowed, 95 Ohio St.3d 1438; Allen v. Johnson, Wayne App. No. 01CA0046, 2002-Ohio-3404, discretionary cross-appeal allowed, 96 Ohio St.3d 1522, 2002-Ohio-5099, discretionary appeal allowed, 97 Ohio St.3d 1460, 2002-Ohio-6248; Nationwide Agribusiness Ins. Co. v. Wagner, Summit App. No. 21013, 2002-Ohio-6119. But, see, Nationwide Agribusiness Ins. Co. v. Roshong (C.A.6, 2002), No. 01-4009 (holding in an unreported federal decision the contrary conclusion). The trial court did not err in granting plaintiffs' motion for summary judgment on the issue of UIM coverage, and Wausau's first assignment of error is accordingly overruled.
.In its second assignment of error, Wausau asserts the trial court erred in calculating prejudgment interest on the underlying judgment from the date of the automobile accident, September 14, 1999.
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