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Wilson v. Nationwide Insurance Co.11/20/1997
JUDGMENT Affirmed.
In this action for a declaratory judgment regarding coverage under two automobile insurance policies, plaintiff-appellants Patricia Berneski and Donald Fields appeal from the trial court order granting defendant-appellee Nationwide Mutual Insurance Company's ( Nationwide's ) motion for summary judgment. The trial court determined that pursuant to the policies, one of which was governed by the law of the state of Maryland, both appellants were precluded from recovery from Nationwide under the uninsured motorists ( UM ) provisions. This court has reviewed the record, finds the trial court's order was appropriate, and thus affirms it.
This action stems from the death of Charles Wilson, who lived at 431 East 123rd Street in Cleveland, Ohio. On February 26, 1995, at the age of thirty-three, Wilson was struck and killed near his home by an automobile. Neither the driver nor the owner of the automobile had insurance coverage. Appellants are the adult siblings of Charles Wilson. Appellant Patricia Berneski lives in Silver Spring, Maryland. Appellant Donald Fields lives at 7217 Linnwood in Cleveland, Ohio.
Wilson's mother Iola was appointed executrix of his estate. She and appellants subsequently filed an action for wrongful death and declaratory judgment against both the driver and the owner of the automobile and also against Nationwide. In the complaint, appellants asserted they were each the owner of a policy of insurance issued by Nationwide. Appellants further asserted that pursuant to these two policies, they were entitled to UM benefits for the death of their brother. Appellants thus sought a declaration they be permitted to recover the full policy limits of their UM coverage from Nationwide.
Nationwide filed an answer to the complaint and also a counterclaim for relief as to each appellant. Nationwide asserted appellants were not entitled to UM coverage for the claims they were making. A copy of each of appellants' insurance policies was attached to Nationwide's pleading.
Appellant Berneski purchased her policy in Maryland in order to protect her two vehicles which were titled and principally garaged in Maryland. The policy was drafted in accordance with Maryland law and referred to Maryland law. UM coverage was provided in the amount of $50,000 per person and $100,000 per occurrence pursuant to the following agreement:
COVERAGE AGREEMENT
YOU AND A RELATIVE
We will pay compensatory damages, including derivative claims, which are due by law to you or a relative from the owner or driver of an uninsured motor vehicle because of bodily injury suffered by you or a relative, and because of property damage. Damages must result from an accident arising out of the:
1. ownership;
2. maintenance; or
3. use; of the uninsured motor vehicle.
Berneski's policy stated the following in the Definitions section:
2. YOU and YOUR mean the policyholder and spouse if living in the same household.
3. RELATIVE means one who regularly lives in your household and who is related to you by blood, marriage or adoption (including a ward or foster child). A relative may live temporarily outside your household.
11. BODILY INJURY means:
a) bodily injury ;
b) sickness;
c) disease; or
d) death
of any person.
Fields' policy provided UM coverage in the amount of $25,000 per person and $50,000 per occurrence. Pursuant to the most recent endorsement, the agreement provided:
[Nationwide] will pay compensatory damages,
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