 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Sammons v. Barrett6/24/2002
JUDGMENT: Affirmed
Plaintiffs-appellants Deborah S. Sammons, et al. appeal from the June 27, 2001, Judgment Entry of the Coshocton County Court of Common Pleas which granted defendant-appellee American Family Insurance Company's Motion for Summary Judgment.
STATEMENT OF THE FACTS AND CASE
On October 14, 1997, defendant-appellee Joseph C. Barrett [hereinafter tortfeasor] failed to yield at a stop sign causing a collision with a motor vehicle operated by plaintiff- appellant [hereinafter appellant] Deborah S. Sammons. Deborah Sammons suffered personal injuries as a result of the accident. The tortfeasor carried automobile liability insurance through Permanent General Insurance Company with liability limits of $12,500.00. Appellant Deborah Sammons recovered the liability limit of $12,500.00 under the tortfeasor's liability policy. At the time of the accident, appellant Deborah Sammons was insured under an automobile insurance policy issued by defendant-appellee American Family Insurance Company. That insurance policy included uninsured/underinsured motorists benefits in the amount of $12, 500.00 per person and $25,000.00 per accident. On October 8, 1999, plaintiff-appellants, Deborah Sammons and her two minor children, Chastity Sammons and Dustin Sammons, [hereinafter appellants] filed a complaint against multiple defendants, including American Family Insurance Company. On March 7, 2000, defendant-appellee [hereinafter appellee] American Family Insurance filed a Motion for Summary Judgment. Appellants filed a response to American Family Insurance's motion and a Cross Motion for Summary Judgment on March 20, 2000. On June 8, 2001, the trial court filed a judgment entry which granted summary judgment to appellee American Family Insurance. On June 27, 2001, the trial court entered a Nunc Pro Tunc Judgment Entry, correcting errors in the June 8, 2001, judgment entry. The Judgment Entry found that there was no just reason for delay and entered final judgment as to American Family Insurance. It is from the June 27, 2001, Judgment Entry that appellants appeal, raising the following assignment of error:
THE TRIAL COURT ERRED IN FINDING THAT OHIO LAW ALLOWS INSURERS TO LIMIT UNDERINSURED MOTORIST COVERAGE TO THE SINGLE PER PERSON LIMIT WHEN ONLY ONE PERSON HAS SUFFERED A BODILY INJURY .
In their sole assignment of error, appellants argue that each member of Deborah Sammons' family is entitled to assert their own claim for loss of consortium which is individually subject to the per person limit of the underinsured coverage. Appellants argue that the set-off provision of R. C. 3937.18(A)(2) provides for set-off of the amount actually received by each claimant and not of the per person limit of the tortfeasor's liability insurance. Lastly, appellants argue that multiple claimants may render a tortfeasor underinsured. Appellee American Family Insurance contends that the appellants' claims are limited subject to the "per person" limit of appellant Deborah Sammons' insurance policy. Since appellant Deborah Sammons received $12,500.00 from the tortfeasors's insurance, and Deborah Sammons' own automobile insurance policy, under which appellants seek coverage, limits the claim to a total of $12,500.00, the per-person benefit, American Family Insurance Company argues that appellants are not entitled to benefits under the American Family Insurance policy. Only Deborah Sammons suffered bodily injury. The issue of whether an insurance policy may limit underinsured motorist coverage to the single per person limit when only one person has suffered bodily injury has been addressed by this court previously. In Kleinsmith v. Allstate Insurance Co. (Dec. 22, 2000), Richland Ap
Page 1 2 3 4 Ohio Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|