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Dean v. Grange Mutual Casualty Co.2/28/2005
JUDGMENT: Affirmed
{ } Appellant Janice Dean appeals the decision of the Stark County Court of Common Pleas on the basis that it improperly applied the Galatis decision to preclude coverage under an umbrella policy issued by Appellee American National Fire Insurance Company ("American National") to her employer, North Canton Medical Foundation. The following facts give rise to this appeal.
{ } On March 1, 2001, pursuant to the Ohio Supreme Court's decision in Scott-Pontzer, Appellant Janice Dean initiated a declaratory judgment action, against American National and other insurance companies, solely on the issue of coverage. In a judgment entry filed on December 12, 2002, and in a nunc pro tunc judgment entry filed on December 20, 2002, the trial court granted summary judgment in favor of appellant. The trial court concluded American National's umbrella policy provided UIM coverage to appellant. The trial court also concluded appellant was entitled to coverage under a CGL policy issued by American Alliance. The trial court did not address the issues of setoff or arbitration.
{ } American National and American Alliance appealed to this court. On November 3, 2003, we affirmed the trial court's decision, as it pertained to American National's Umbrella policy, and reversed the trial court as to the finding of coverage under American Alliance's CGL policy. We remanded the matter to the trial court for further proceedings consistent with our opinion. See Dean v. Royal Ins. Co., Stark App. No. 2003CA00020, 2003-Ohio-5915. On November 5, 2003, two days following our affirmance, the Ohio Supreme Court issued the Galatis decision. On November 10, 2003, American National filed a motion for reconsideration arguing that Galatis is dispositive of the insurance coverage issues presented under its umbrella policy. We denied the motion for reconsideration on November 24, 2003.
{ } Thereafter, American National appealed to the Ohio Supreme Court challenging our affirmance of the trial court's decision and refusal to apply Galatis upon reconsideration. On March 24, 2004, the Court declined jurisdiction. Subsequently, on April 1, 2004, American National filed a motion for hearing and/or leave to file a motion for summary judgment in the trial court. On April 13, 2004, the trial court filed a judgment entry in which it applied Galatis and denied appellant coverage under American National's umbrella policy. Appellant timely filed a notice of appeal and sets forth the following assignment of error for our consideration:
{ } "I. THE TRIAL COURT ERRED BY REFUSING TO FOLLOW THE FINAL DECISION OF THE APPELLATE COURT ON THE LEGAL QUESTION OF INSURANCE COVERAGE, IN VIOLATION OF THE LAW OF THE CASE AND RES JUDICATA."
I.
{ } Appellant maintains, in her sole assignment of error, the trial court erred when it refused to follow our decision, which found UIM coverage under American National's umbrella policy, in contravention of the doctrines of res judicata and the law of the case. We disagree.
A. The Law-of-the-Case Doctrine
{ } In support of her assignment of error, appellant first contends that when the Ohio Supreme Court declined jurisdiction in this matter, the decision of this court issued on November 3, 2003, became the law of the case on the legal question of appellant's right to coverage under American National's umbrella policy. In support of this argument, appellant cites Hubbard ex rel. Creed v. Sauline, 74 Ohio St.3d 402, 404-405, 1996-Ohio-174, wherein the Ohio Supreme Court explained that " here this court refuses jurisdiction following the issuance of an opinion by a court of appeals, the court of appeals
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