Harrod v. Travelers Property Casualty12/31/2003
.Plaintiff-appellant ("plaintiff"), Connie Harrod, administrator of the estate of William Harrod, appeals from a judgment of the Franklin County Court of Common Pleas, granting summary judgment in favor of defendant-appellee, Travelers Indemnity Company of Illinois ("Travelers"). Because we find no reversible error, we affirm.
.On January 7, 1997, William Harrod was injured in a motor vehicle accident with Lance R. Doles in Harrison Township, Vinton County, Ohio. William Harrod died from injuries he sustained as a result of the collision. Doles was charged with vehicular homicide.
. At the time of the accident, Doles was insured under a policy issued by Safe Auto Insurance Company, and William Harrod was insured under a personal policy issued by State Farm Insurance Company ("State Farm"). Additionally, Mead Corporation, William Harrod's employer at the time of his death, had automobile insurance through Travelers; this coverage included liability coverage with policy limits of $3,000,000 with an effective policy period of April 1, 1996 to April 1, 1997. At the time of the accident, William Harrod, who was employed as a "millright/union representative ," was not in the course and scope of employment, and he was driving a personal automobile, not a company vehicle.
.After the accident, plaintiff sued Lance R. Doles and State Farm in Vinton County Common Pleas Court. On March 30, 1998, for and in consideration of $100,000, plaintiff settled with State Farm and assigned to State Farm "all of her right, title and interest to any and all claims which she may have either individually or in her capacity as administrator of the estate of William Harrod for damages, costs, expenses, loss of services, personal injury and death against Lance R. Doles. This includes any claims which the undersigned has made or could make in the case of Connie Harrod, Administrator of the Estate of William Harrod vs. Lance R. Doles, et al which is presently pending in the Vinton County Common Pleas Court under Case No: 97-CV-1-17." (Release of All Claims and Assignment of Rights dated March 30, 1998.)
.On July 21, 1998, because all claims had been settled, plaintiff's suit against Doles and State Farm was dismissed with prejudice.
.Subsequently, in correspondence dated January 29, 2001, plaintiff, through counsel, contacted Mead Corporation to explore whether William Harrod's estate was entitled to underinsured motorist benefits under a commercial automobile policy issued to Mead Corporation by Travelers. Travelers denied coverage to plaintiff because, according to Travelers, Mead Corporation purportedly rejected uninsured ("UM") and underinsured ("UIM") motorist coverages.
.On August 22, 2001, plaintiff sued Travelers, alleging an entitlement to UIM coverage under the Mead Corporation policy pursuant to R.C. 3937.59 , as interpreted by Scott-Pontzer v. Liberty Mut. Fire Ins. Co. (1999), 85 Ohio St.3d 660, Selander v. Erie Ins. Group (1999), 85 Ohio St.3d 541, and Ezawa v. Yasuda Fire & Marine Ins. of Am. (1999), 86 Ohio St.3d 557.
.On May 29, 2002, Travelers moved for summary judgment, claiming:
(1) the Mead Corporation expressly rejected UIM coverage; (2) even if UIM coverage had not been rejected, plaintiff, either individually, or as the representative of William Harrod's estate, did not qualify as an insured under the policy; and (3) even if plaintiff qualified as an insured, plaintiff's failure to satisfy conditions precedent to coverage precluded UIM benefits as a matter of law.
.Plaintiff opposed Travelers' summary judgment motion, claiming:
(1) UIM coverage arose by operatio
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