 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Erie Ins. Co. v. Kaltenbach12/10/1998
JOHN C. YOUNG, Judge.
Appellant, John J. Kaltenbach II, appeals the judgment of the Franklin County Municipal Court granting the motion for summary judgment of appellee, Erie Insurance Company, and denying Kaltenbach's motion for summary judgment.
Kaltenbach was an insured of Erie under an automobile insurance policy. The Erie policy contained the following subrogation provision:
"After we make a payment under this policy, we will have the right to recover from anyone else held responsible.
"Anyone we protect is required to transfer this right to us, and do nothing to harm this right. Anyone receiving payment from us and from someone else for the same accident or loss will reimburse us up to our payment."
On June 6, 1995, Kaltenbach was injured in an automobile accident allegedly caused by the actions of Ben Parsons. The tortfeasor, Parsons, was insured by Allstate Insurance Company. Kaltenbach received chiropractic treatments for his injury , incurring over $5,000 in medical expenses. Erie paid the medical billsup to the maximum policy medical limit of $5,000. Without first filing a complaint against either Parsons or Allstate, Kaltenbach entered into settlement negotiations with them. Allstate offered to pay $4,462 to Kaltenbach in exchange for a release of all claims against Allstate and Parsons stemming from the accident. Kaltenbach contacted Erie, notifying it of the negotiations and proposed settlement. Kaltenbach stated that he would not himself pursue litigation against the tortfeasor because that would be too costly, and instead asked Erie to file suit on his behalf.
Erie informed Kaltenbach that it did not consent to the proposed settlement agreement. Erie also stated that it would not file suit on Kaltenbach's behalf, and reminded him that settlement and release of his claims against Allstate and Parsons would harm its subrogation rights against those parties. Thereafter, in order to protect its subrogation rights, Erie Med its own suit against Allstate and Parsons.
Still not having filed suit against Allstate and Parsons, and with the time in which to file suit running out, Kaltenbach settled with Allstate and Parsons for $4,462, releasing all of his claims against them. Erie dismissed its action against Allstate and Parsons due to Kaltenbach's settlement and release. Erie then filed suit against Kaltenbach, claiming breach of contract and demanding reimbursement for the medical payments paid under the policy. In the court below, both parties filed motions for summary judgment. The trial court denied Kaltenbach's motion and granted the motion of Erie, ordering Kaltenbach to pay Erie the settlement amount of $4,462, plus interest and costs. This appeal followed.
Appellant asserts the following assignments of error:
"I. The trial court erred to the prejudice of appellant Kaltenbach by finding that appellee is entitled to a right of subrogation.
"II. The trial court erred to the prejudice of appellant Kaltenbach in failing to apply the full compensation rule to appellee's right of subrogation.
"III. The trial court erred to the prejudice of appellant Kaltenbach by awarding appellee more than appellant recovered for medical bills, without accounting for appellant's general damages, attorney fees and costs.
"IV. The trial court erred to the prejudice of appellant Kaltenbach in failing to apply a pro rata distribution from the net proceeds.
V. The trial court erred to the prejudice of appellant Kaltenbach in failing to award appellant attorney fees."
Kaltenbach's assignments of error are in
Page 1 2 3 4 5 Ohio Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|