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Katz v. Ohio Insurance Guaranty Association11/22/2002
DECISION AND JUDGMENT ENTRY
. In this appeal from a judgment of the Lucas County Court of Common Pleas, we must determine whether the trial court erred in granting summary judgment to plaintiffs-appellees, Gordon L. Katz, D.O., and Susan Robinson, administrator of the estate of Teri Sue Robinson. For the following reasons, we affirm the judgment of the trial court.
. After the death of her daughter, Teri Sue Robinson, Susan Robinson, in her capacity as the administrator of her daughter's estate, filed a wrongful death and survival action against Dr. Donald Stepniewski and Dr. Katz. The lawsuit is based upon the doctors' alleged medical malpractice in timely failing to diagnose and treat Teri Sue Robinson's cancer. The wrongful death cause of action is brought on behalf of the decedent's mother, father, and brother. Dr. Katz denied any liability.
. During the relevant period, Dr. Katz was an insured under both primary and excess medical liability policies issued by P.I.E. Mutual Insurance Company ("PIE"). The primary insurance policy provides liability coverage of $200,000 for "each claim," with an aggregate limit of $600,000. The excess insurance policy provides additional liability coverage if a claim exceeds the $200,000 limit of the primary policy up to an aggregate limit of $1 million.
. Dr. Katz was initially represented in the wrongful death and survival action by PIE. However, when PIE became insolvent, claims for which PIE provided coverage were then subject to the Ohio Insurance Guarantee Association Act, R.C. Chapter 3955. Thus, the determination of whether Dr. Katz had a single "covered claim" or multiple "covered claims" within the meaning of his PIE primary and excess medical liability insurance policies fell to the nonprofit unincorporated association known as the Ohio Insurance Guaranty Association ("OIGA"). See R.C. 3955.06 and 3955.08.
. Despite Dr Katz's request to the contrary, OIGA decided that it was "statutorily limited to pay a single claim at a maximum payment of $300,000 in the event that a judgment is entered against Dr. Katz for that amount or more." Accordingly, Dr. Katz commenced the instant declaratory judgment action seeking an order declaring that OIGA has a duty to provide him coverage in the statutory claim limit for each of the separate claims asserted in the wrongful death and survival action. Specifically, he asked the court to find that he has coverage for each claim of the three beneficiaries of the decedent's estate and for the survival claim.
. Susan Robinson was later joined as a party to this cause as an intervening plaintiff. All parties filed motions for summary judgment. Dr. Katz and Robinson argued that coverage for multiple claims existed under both the primary and excess PIE medical liability policies. On the other hand, OIGA, citing the limiting language of the PIE insurance policy and statutory law, maintained that Dr. Katz had a single claim for $200,000 under the PIE primary policy and an additional $100,000 under the PIE excess policy.
. On December 20, 2001, the trial court granted appellees' motions for summary judgment. Relying on Ohio cases involving the number of claims allowed in wrongful death actions, the court found that there were four separate "covered claims" under the primary policy, each with a coverage of $200,000 and an aggregate limit of $600,000. Further, the court held that "if any claim under the primary policy * exceeds $200,000, that claimant is entitled to an additional claim under the excess policy, with a total aggregate amount of $1 million *."
. OIGA disagrees with the common pleas court's judgment and asserts the follo
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