 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Renter v. Anthoy10/30/2003
JUDGMENT AFFIRMED IN PART, REVERSED IN PART AND REMANDED.
. The defendant-insurer, Federal Insurance Company ("Federal"), appeals from a common pleas court decision granting summary judgment in favor of plaintiff Sheri Renter, both individually and as administratrix of the estate of Jonzel Renter, Sr., on her claims for underinsured motorists coverage under two policies Federal issued to her employer, National City Corporation. Renter has cross-appealed the court's determination that resident family members are not insured under one of these policies, and that a third policy is not subject to R.C. 3937.18.
. We find genuine issues of material fact precluded summary judgment on the question whether National City validly rejected UM/UIM coverage under the business auto policy before the occurrence at issue. Therefore, we must reverse and remand for further proceedings on this issue. However, we agree with the common pleas court that the integrated risk policy was an automobile liability or motor vehicle liability policy as to which Federal did not offer uninsured/underinsured motorist ("UM/UIM") coverage, so that such coverage was provided by operation of law. We also agree with the common pleas court that plaintiff was an insured under the integrated risk policy but the decedent was not. Finally, we agree with the common pleas court that the general liability policy was not an automobile liability policy, and as a result, Federal was not obligated to offer UM/UIM coverage and no such coverage was included in the policy. For these reasons, we affirm in part, reverse in part and remand for further proceedings.
Factual and Procedural Background
. On April 21, 2000, plaintiff's decedent was struck by a vehicle driven by Eric D. Anthony as the decedent stood next to a stranded vehicle which he had stopped to assist on an exit ramp of Interstate 90 in Lakewood, Ohio. Plaintiff's decedent died as a result of his injuries.
. Anthony's vehicle was insured by Progressive Auto Insurance, with liability limits of $12,500 per person and $25,000 per accident. The vehicle the decedent was driving was owned by the decedent's employer, and was insured by Nationwide Mutual Insurance Company, with UM/UIM coverage of $250,000. Plaintiff also had a personal automobile liability policy issued by Guide-One Elite Insurance Company, which had UM/UIM coverage limits of $100,000 per person, and $300,000 per accident.
. Plaintiff, the decedent's wife, was employed by National City Corporation at the time of the accident. National City carried several insurance policies with Federal, including a business auto policy, an integrated risk policy, and a general liability policy.
. Plaintiff originally filed this action against the tortfeasor on July 24, 2000. She subsequently amended the complaint to name Federal, Guide-One, Nationwide and several other insurers as defendants. With respect to Federal, plaintiff sought a declaratory judgment that Federal provided UIM coverage and/or medical payments coverage under the policies it issued to National City. Both plaintiff and Federal moved for summary judgment as to the coverage afforded by each policy. On October 15, 2002, the common pleas court granted in part and denied in part each party's motion.
. In its 24-page journal entry and opinion, the common pleas court first determined that National City was not self-insured as a practical matter, precluding Federal's argument that it had no obligation to offer UM/UIM coverage. Furthermore, the court found the business auto policy which Federal issued to National City afforded UM/UIM coverage by operation of law to both plaintiff and
Page 1 2 3 4 5 6 7 8 9 10 11 Ohio Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|