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Tyler v. Kelley11/7/1994
JAMES M. PORTER, Judge.
Plaintiff-appellant Teresa Tyler appeals from the trial court's granting of summary judgment in favor of defendant-appellee Reserve Rent-A-Car, arising out of a dispute involving uninsured motorist coverage under a car rental agreement. Plaintiff claims such coverage applies under R.C. 3937.18 and the rental agreement. Defendant claims it is a self-insurer and under Ohio law and the agreement it was not required to supply such coverage; but even if it was required, plaintiff declined coverage. We find merit to plaintiffs assignments of error and reverse the summary judgment for Reserve for the reasons discussed below.
On August 30, 1990, plaintiff (then known as Teresa Harris) leased an automobile from Reserve pursuant to a standard form Reserve Rent-A-Car Rental Agreement of the same date. The Rental Agreement was pre-filled out at the time plaintiff picked up the car, and she simply signed and initialed the form at various points without reading the document. On September 20, 1990, plaintiff was involved in an automobile accident with a i uninsured motorist, co-defendant Thomas Kelley. Plaintiff claims that Reserve wrongfully refused to provide uninsured motorist coverage to plaintiff pursuant to Ohio law and the rental agreement.
On December 30, 1991, the trial court entered summary judgment for Reserve and denied plaintiffs cross-motion for summary judgment, both without opinion. On January 10, 1991, the court amended its judgment entry to add that there was no just cause for delay under Civ.R. 54(D).
We will treat plaintiffs two assignments of error together, as they involve common questions of law and fact and the rights of the respective parties are determined from a construction of the rental agreement.
"I. The trial court below erred in denying appellant's motion for summary judgment against the defendant Reserve Rent-A-Car, as to finding that the defendant insured the plaintiff for injuries caused by an at-fault, uninsured driver; and, as to finding that the plaintiff did not reject such coverage.
"II. The trial court below erred in granting appellee's motion for summary judgment against the plaintiff, as to finding that the defendant did not insure the plaintiff for injuries caused by an at-fault, uninsured driver; and as to any finding that the plaintiff validly rejected such coverage."
We believe that the outcome of this appeal turns on a construction of the rental agreement and the application of Ohio law thereto. Since our review is strictly a legal one, no special deference need be shown to the trial court's ruling in such instances. "Our summary judgment analysis boils down to a determination of whether either party is entitled to relief as a matter of law." Lorain Cty. Commrs. v. United States Fire Ins. (1992), 81 Ohio App.3d 263, 267, 610 N.E.2d 1061, 1064, citing Temple v. Wean United, Inc. (1977), 50 Ohio St.2d 317, 327, 4 O.O.3d 466, 471, 364 N.E.2d 267, 273. We review the matter de novo.
R.C. 3937.18 states as follows:
"(A) No automobile liability or motor vehicle liability policy of insurance insuring against loss resulting from liability imposed by law for bodily injury or death suffered by any person arising out of the ownership, maintenance, or use of a motor vehicle shall be delivered or issued for delivery in this state with respect to any motor vehicle registered or principally garaged in this state unless both of the following are provided:
"(1) Uninsured motorist coverage, which shall be in an amount of coverage equivalent to the automobile liability or motor vehicle liability coverage and shall pro
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