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Arn v. McLean2/18/2005
ry judgment is appropriately granted where the trial court finds "(1) that there is no genuine issue as to any material fact; (2) that the moving party is entitled to judgment as a matter of law; and (3) that reasonable minds can come to but one conclusion, and that conclusion is adverse to the party against whom the motion for summary judgment is made, who is entitled to have the evidence construed most strongly in his favor." Harless v. Willis Day Warehousing Co. (1978), 54 Ohio St.2d 64, 66, 375 N.E.2d 46.
{ } Unfortunately, the trial court in this case did not offer any specific reasons for its decision. For purposes of analysis, we will simply assume that the court agreed with the position that State Farm advocated below.
{ } "For the purpose of determining the scope of coverage of an underinsured motorist claim, the statutory law in effect at the time of entering into a contract for automobile liability insurance controls the rights and duties of the contracting parties." Ross v. Farmers Ins. Group of Companies (1998), 82 Ohio St.3d 281, 695 N.E.2d 732, syllabus. Accordingly, the first issue to be decided is the effective date of the umbrella policy.
{ } The policy in this case was first issued on February 21, 1989. While that was the original effective date, Wolfe v. Wolfe (2000), 88 Ohio St.3d 246, 725 N.E.2d 261, indicates that R.C. 3937.31(A) provides for two-year policy periods and that "commencement of each policy period mandated by R.C. 3937.31(A) brings into existence a new contract of automobile insurance, whether the policy is categorized as a new policy of insurance or a renewal of an existing policy." Id. at paragraph two of the syllabus. Consequently, the proper analysis in UIM cases is to begin at the original effective date and count forward in two-year increments. 88 Ohio St.3d at 250. In the present case, this means that the parties entered into new contracts of insurance in 1991, 1993, 1995, 1997, 1999, and 2001. Because Mrs. McLean's accident happened on July 20, 2002, the latest new contract of insurance would have been effective on February 21, 2001. At that time, the statutory law required automobile liability policies to contain UM coverage unless such coverage had been expressly rejected by the insured. Former R.C. 3937.18(A), 2000 Sub.S.B. No. 267 ("S.B. 267") 148 Ohio Laws, Part V, 11380; Abate v. Pioneer Mut. Cas. Co. (1970), 22 Ohio St.2d 161, 258 N.E.2d 429, at paragraph one of the syllabus. If UM/UIM coverage was not expressly rejected, coverage was provided by operation of law. Id. at paragraph two of the syllabus.
{ } Under Wolfe, insurance policies could also not be altered during the guaranteed two-year period "except by agreement of the parties and in accordance with R.C. 3937.30 to 3937.39." 88 Ohio St.3d 246, at paragraph one of the syllabus. This could be important to the present case, as it means that State Farm was required to offer UIM coverage at the time of the accident, that UIM coverage existed by operation of law if not expressly rejected, and that any UIM insurance imposed by operation of law would be effective for the policy period between February 21, 2001, and February 21, 2003.
{ } State Farm contends, however, that changes to the law, including S.B. 267 and 2001 Am.Sub.S.B. No. 97 ("S.B. 97"), apply, and that there was no obligation to offer UM/UIM coverage on February 21, 2002, when the policy was last renewed before the accident. Furthermore, the changes to the law were fully applicable and allowed policy provisions to be altered during Wolfe's two-year "guarantee" period.
{ } Effective September 21, 2000, division (E) was added by S.B. 267 to R.C. 3937.31. It states:
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