Auto-Owners Mutual Insurance v. Lewis

462 N.E.2d 396, 10 Ohio St. 3d 156, 10 Ohio B. 490, 1984 Ohio LEXIS 1085
CourtOhio Supreme Court
DecidedApril 25, 1984
DocketNo. 83-1202
StatusPublished
Cited by30 cases

This text of 462 N.E.2d 396 (Auto-Owners Mutual Insurance v. Lewis) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Auto-Owners Mutual Insurance v. Lewis, 462 N.E.2d 396, 10 Ohio St. 3d 156, 10 Ohio B. 490, 1984 Ohio LEXIS 1085 (Ohio 1984).

Opinions

Celebrezze, C.J.

The appeal presents three issues for our review. The first is whether the terms of the automobile insurance policy under consideration permit stacking of uninsured motorist coverages. The second issue is whether the medical expense coverage may be stacked. Finally, we are faced with the issue of whether appellant, in his individual and representative capacity, is entitled to the full amount of the applicable coverage in each capacity.

I

The law regarding uninsured motorist coverage has undergone extensive treatment in the past several years. In fact, the issue of whether uninsured motorist coverages in a multi-vehicle automobile insurance policy will be stacked has been examined on at least one other occasion by this court. In Weemhoff v. Cincinnati Ins. Co. (1975), 41 Ohio St. 2d 231 [70 O.O.2d 428], this court held:

“Where the terms of an insurance policy afford uninsured motorist coverage for two automobiles, and limit the insurer’s liability to a certain sum ‘per person’ on each automobile, such limit on each vehicle cannot be added together to provide coverage in excess of that stated in the policy.”

Three years later, however, this court held in Grange Mut. Cas. Co. v. Volkmann (1978), 54 Ohio St. 2d 58, 63 [8 O.O.3d 70], that:

[158]*158“It is our decision that appellees herein may stack all uninsured motorist coverages for which they have paid a separate premium in a separate policy of insurance.”

The facts in Volkmann, supra, indicate that the separate policies were issued by the same insurance company and were virtually identical except that they covered different vehicles.

Appellant here is seeking to stack the uninsured motorist coverages contained in a single insurance policy insuring six vehicles where separate premiums are paid for uninsured motorist coverage on each vehicle. Appellant contends that if stacking is not allowed, he will not be provided the coverage that he reasonably expected when he paid six separate premiums for uninsured motorist coverage. Appellee suggests that this court rejected a similar argument in Weemhoff, and that the risk assumed by the insurer increases when multiple vehicles are insured thus justifying each premium.

The personal nature of uninsured motorist coverage is not subject to dispute. The purpose of uninsured motorist coverage, and its mandatory offering,1 is to afford the insured additional protection in the event of an accident with an uninsured motorist, not to provide coverage to a vehicle. See Kish v. Central Natl. Ins. Group (1981), 67 Ohio St. 2d 41, 44 [21 O.O.3d 26]; Ady v. West American Ins. Co. (1982), 69 Ohio St. 2d 593, 596 [23 O.O.3d 495]. As a consequence, appellee’s argument that stacking of uninsured motorist coverages should not be permitted due to the additional risk of insuring more than one vehicle is not persuasive. “ * * [Uninsured motorist] coverage protects against loss due to bodily injuries or death by another who is at fault. It should ordinarily attach to an insured, not to a vehicle.’ ” Ady, supra, at 596; Orris v. Claudio (1980), 63 Ohio St. 2d 140, 145 [17 O.O.3d 85], dissenting opinion of Celebrezze, C.J.

Ultimately the sole distinguishing characteristic between Weemhoff and Volkmann is that the former dealt with uninsured motorist coverages within a single policy while the latter dealt with uninsured motorist coverages in separate, identical policies. There is little difference, if any, between paying separate premiums for uninsured motorist coverages within a single policy and purchasing identical policies for different vehicles from the same insurance company. As one court has stated:

“* * * Whether the insurance company issued one or two policies of insurance logically should have no bearing on whether the uninsured motorist coverages can be stacked. * * *” Davis v. Hughes (1981), 229 Kan. 91, 98, 622 P. 2d 641, 648.

In our view, the continued presence of Weemhoff in light of Volkmann creates the anomalous situation of allowing inter-policy stacking of coverages in identical policies but prohibiting intra-policy stacking where separate premiums have been paid for the coverages. Grimes v. Concord General Mut. Ins. Co. (1980), 120 N.H. 718, 724, 422 A. 2d 1312, 1316, dissenting opinion. [159]*159It follows that Weemhoff should have no continued application. Consequently, we hereby overrule Weemhoff and hold that where an insured has paid separate premiums in a single policy providing several vehicles with uninsured motorist coverage, the insured is entitled to recover under the uninsured motorist provision of the policy an amount up to the aggregate sum of the uninsured motorist coverages. Accord Taft v. Cerwonka (R.I. 1981), 433 A. 2d 215, 219. We reiterate, however, our admonition in Volkmann, swpra, at 64, that the insured may not “ ‘ “pyramid separate coverages so as to recover more than the actual loss.” ’ ”

Accordingly, the judgment of the court of appeals is reversed as to this issue.2

II

The second issue is whether appellant may likewise stack the medical expense coverages contained in the policy. Appellant concedes that the medical expense coverage (denominated in the instant policy as “Passenger Accident Coverage”) does not implicate the same public policy considerations as does uninsured motorist coverage and that, in order to allow stacking of medical expense coverage, the policy language must so allow. Appellant suggests that the policy is ambiguous with respect to coverage and, as such, construction of the policy should be in favor of the insured and against the drafter.

On the other hand, appellee refers to the following policy language as limiting medical expense coverage to $2,000:

“* * * The limit of liability expressed in the Declarations with respect to Coverages C. 1 and C. 2 [the medical expense coverage] as applicable to ‘each person’ is the limit of the Company’s liability for all expenses incurred by or on behalf of each person who sustains bodily injury as the result of any one accident.”

In addition, the policy “Declarations” state:

“Passenger Accident Coverage written on more than one vehicle does not increase the stated limit per person.”

We agree with the assessment of the court of appeals that:

“* * * the clear language of the policy before us indicates that there is only one medical payment coverage and that the single payment limit for that coverage applies collectively to all vehicles for which a premium has been paid * *

The purported ambiguity in the policy as advanced by appellant relates to the particular paragraph in the policy which affords coverage for Fred W. Lewis’ medical expenses, and not to whether medical expense coverages may be stacked. Thus, the unambiguous limitations in the policy control and appellant is not entitled to stack medical expense coverage. See Grange Mut. [160]*160Cas. Co. v. Volkmann (1977), 57 Ohio App. 2d 163, 169 [11 O.O.3d 162], affirmed (1978), 54 Ohio St. 2d 58 [8 O.O.3d 70].

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Bluebook (online)
462 N.E.2d 396, 10 Ohio St. 3d 156, 10 Ohio B. 490, 1984 Ohio LEXIS 1085, Counsel Stack Legal Research, https://law.counselstack.com/opinion/auto-owners-mutual-insurance-v-lewis-ohio-1984.