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Roberts v. Wausau Business Insurance Co.9/10/2002
.On May 12, 1998, G. Donald Roberts, individually and as administrator of the estate of Julie A. Roberts, and Mary Ann Roberts filed a complaint in the Franklin County Court of Common Pleas against Roy R. Enyart Jr. and the Cincinnati Insurance Company ("Cincinnati"). Donald and Mary Ann Roberts are the parents of Julie A. Roberts, who died as a result of injuries sustained in an automobile collision occurring on December 28, 1997. Julie Roberts was a passenger in an automobile operated by Enyart. The Robertses' claims included wrongful death, declaratory judgment, exemplary damages, and medical payments. In essence, the Robertses sought damages and underinsured motorist ("UIM") coverage.
.Enyart was insured by Grange Mutual Casualty Company. Enyart's policy had liability limits of $50,000 per person and $100,000 per accident and also provided uninsured motorist coverage in the same amounts. Julie Roberts was the named insured on an automobile policy and a tenant policy issued by Cincinnati. Julie Roberts's automobile insurance included UIM coverage with limits of $100,000 per person and $300,000 per accident. Donald and Mary Ann Roberts were insured under an automobile policy and a homeowner's insurance policy issued by Cincinnati. The Robertses' automobile policy had UIM coverage with limits of $100,000 per person and $300,000 per accident.
.On October 13, 1998, the Robertses filed a first amended complaint adding as a defendant the Board of Education for the Reynoldsburg City School District ("Reynoldsburg"). At the time of the accident, Julie Roberts was employed by Reynoldsburg as a school teacher. The Robertses sought payment from Reynoldsburg for medical expenses pursuant to certain insurance benefits provided to employees.
.On November 24, 1998, a second amended complaint was filed, adding as a defendant Eric R. Roberts (no relation to the plaintiffs). Eric Roberts was driving an automobile on the night of the accident and was allegedly a joint tortfeasor with Enyart. The automobile driven by Eric Roberts was insured by American National Insurance Company with liability limits of $100,000 per person and $300,000 per occurrence.
.On June 24, 1999, Cincinnati filed a motion for summary judgment arguing, in part, that the UIM coverage under Julie Roberts's automobile policy was not available because the tortfeasors' liability limits were equal to or in excess of the UIM coverage.
.On December 28, 1999, the same plaintiffs plus Mark D. Roberts, Julie's brother, filed a complaint in the Franklin County Court of Common Pleas against Wausau Business Insurance Company ("Wausau"), Nationwide Mutual Fire Insurance Company, and Nationwide Mutual Insurance Company (collectively referred to as "Nationwide"). Mark Roberts was the named insured on an automobile policy issued by Cincinnati that contained UIM coverage with limits of $100,000 per person and $300,000 per accident. In addition, he had homeowner's insurance through Cincinnati.
.At the time of the accident, Wausau insured Reynoldsburg under a business automobile policy. The Wausau policy provided UIM coverage with a $7,000,000 limit. In addition, Reynoldsburg was insured by Wausau under an umbrella liability policy with a UIM limit of $2,000,000. The Robertses claimed, in part, that they were entitled to UIM coverage under the Wausau policies pursuant to Scott-Pontzer v. Liberty Mut. Fire Ins. Co. (1999), 85 Ohio St.3d 660. Wausau filed an answer and a counterclaim seeking a declaration as to various issues relating to its alleged UIM obligations.
.Nationwide was eventually dismissed from the actions.
.On April 21, 2000, the two cases were
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