Brown v. Nationwide Mutual Fire Insurance

884 N.E.2d 617, 174 Ohio App. 3d 694
CourtOhio Court of Appeals
DecidedJanuary 22, 2008
DocketNo. 07AP-570
StatusPublished
Cited by1 cases

This text of 884 N.E.2d 617 (Brown v. Nationwide Mutual Fire Insurance) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brown v. Nationwide Mutual Fire Insurance, 884 N.E.2d 617, 174 Ohio App. 3d 694 (Ohio Ct. App. 2008).

Opinion

French, Judge.

{¶ 1} Plaintiffs-appellants, Timothy J. Brown, individually and as administrator of the estate of Kourtney T. Brown, Kimberly A. Brown, Joshua W. Brown, and Edward Walker (collectively, “appellants”), appeal from the Franklin County Court of Common Pleas’ entry of summary judgment in favor of defendantappellee, Nationwide Mutual Fire Insurance Company (“Nationwide”), on appellants’ claims for declaratory judgment, breach of contract, and bad faith. Finding no error in the trial court’s entry of summary judgment, we affirm.

{¶ 2} On April 30, 2004, appellant Kimberly Brown was operating a 2004 Pontiac Grand Prix northbound on Interstate 71 in Wayne County, Ohio, with her two minor children, Kourtney T. Brown and appellant Joshua Brown, as her passengers. Kimberly’s father, appellant Edward Walker, leased the 2004 Pontiac Grand Prix from GMAC, and Kimberly was driving the vehicle with Walker’s permission. This action arises out of a collision that resulted when a motor vehicle operated by Rufus V. Womack crossed the median from the southbound lanes of Interstate 71 and collided with the vehicle that Kimberly was driving. As a result of the collision, Kimberly and Joshua suffered injuries, and Kourtney died. Appellant Timothy Brown (“Timothy”) is Kourtney and Joshua’s father.

{¶ 3} Womack was insured under an automobile insurance policy issued by Allstate Insurance Company (“Allstate”) with liability limits of $100,000 per person and $300,000 per occurrence. As administrator of Kourtney’s estate, Timothy settled the wrongful-death claim against Womack for the per-person limit of $100,000 in Womack’s Allstate policy. As Joshua’s parent and natural guardian, Timothy settled Joshua’s personal-injury claim against Womack for the per-person limit of $100,000 in Womack’s Allstate policy. Similarly, Kimberly settled her own personal-injury claim against Womack for the per-person limit of $100,000 in Womack’s Allstate policy. By their settlements with Allstate, appellants collectively received the per-occurrence limit of $300,000 provided by Womack’s policy. Appellants provided notice of their settlements to Nationwide, their own insurer, and Nationwide did not oppose.

{¶ 4} The parties have stipulated that the damages, injuries, and wrongful death that appellants sustained as a result of the subject automobile collision exceed their settlement recoveries from Womack’s Allstate policy. Appellants thus sought underinsured-motorist (“UIM”) coverage from Nationwide for their damages in excess of the Womack settlements.

[697]*697{¶ 5} Appellants’ claims for UIM coverage concern three separate policies of insurance issued by Nationwide, each of which was in effect on April 30, 2004. First is Nationwide Auto Policy No. 92 34 N 330281, issued to Timothy and Kimberly (the “Brown policy”). The Brown policy declarations list the 2004 Pontiac Grand Prix as a scheduled vehicle, and the policy provides uninsured/underinsured motorist (“UM/UIM”) coverage with bodily injury limits of $300,000 per person and $300,000 per occurrence. The Brown policy declarations list Walker as an “Additional Interest Employer” with respect to the 2004 Pontiac Grand Prix.1

{¶ 6} The second policy at issue is Nationwide Auto Policy No. 92 34 H 802561, issued to Walker (“Walker auto policy”). Like the Brown policy, the Walker auto policy contains UM/UIM coverage with bodily injury limits of $300,000 per person and $300,000 per occurrence.

{¶ 7} The final policy at issue is Nationwide Personal Umbrella Policy No. 92 34 PU 035597, issued to Walker (“Walker umbrella policy”). The Walker umbrella policy contains an excess-personal-liability limit of $1,000,000 per occurrence. The Walker umbrella policy declarations list Walker’s required underlying insurance coverages, limits, and policy numbers, which include the Walker auto policy (and the UM/UIM coverage provided thereby) and a Nationwide homeowner’s policy, but not the Brown policy.

{¶ 8} Nationwide denied appellants’ claims for UIM coverage, and appellants subsequently filed suit in the Franklin County Court of Common Pleas on February 5, 2005. In their second amended complaint, appellants assert claims for declaratory relief regarding their entitlement to UIM coverage under the above-described policies and claims for breach of contract and bad faith, arising out of Nationwide’s refusal to pay UIM benefits.

{¶ 9} On June 27, 2006, appellants and Nationwide filed cross-motions for summary judgment. On June 19, 2007, the trial court granted Nationwide’s motion for summary judgment and denied appellants’ motion for summary judgment. The trial court concluded that appellants were not entitled to UIM coverage under the Brown policy because they collectively recovered $300,000 from Womack’s Allstate policy, which equaled the most they would have collectively been entitled to recover under the Brown policy’s per-occurrence limit of $300,000. In support of its judgment, the trial court noted the Supreme Court of Ohio’s statement that “a person injured by an underinsured motorist should [698]*698never be afforded greater coverage than that which would be available had the tortfeasor been uninsured.” Littrell v. Wigglesworth (2001), 91 Ohio St.3d 425, 430, 746 N.E.2d 1077, citing Clark v. Scarpelli (2001), 91 Ohio St.3d 271, 276, 744 N.E.2d 719. The trial court further concluded that neither Walker nor the Brown appellants were entitled to UIM coverage under the Walker umbrella policy. Last, the trial court concluded, as a matter of law, that Nationwide did not act in bad faith by denying appellants’ claims for UIM benefits. Accordingly, the trial court entered summary judgment in favor of Nationwide on all of appellants’ claims.

{¶ 10} Prom the trial court’s entry of summary judgment, appellants filed a timely notice of appeal. Appellants assert three assignments of error for our review:

Assignment of Error 1: The trial court prejudicially erred by concluding that the estate of Kourtney Brown, Timothy Brown, Kimberly Brown, and Joshua Brown are not entitled to [UM7UIM] coverage under the Brown auto policy. Assignment of Error 2: The trial court prejudicially erred by concluding that the [sic] Edward Walker is not entitled to [UM7UIM] coverage under the Walker umbrella policy and the Brown auto policy.
Assignment of Error 3: The trial court prejudicially erred by granting summary judgment on appellants’ bad faith claim.

Each of appellants’ assignments of error stems from the trial court’s entry of summary judgment, and we will address each assignment of error in turn.

{¶ 11} Appellate review of summary judgments is de novo. Koos v. Cent. Ohio Cellular, Inc. (1994), 94 Ohio App.3d 579, 588, 641 N.E.2d 265, citing Brown v. Scioto Cty. Bd. of Commrs. (1993), 87 Ohio App.3d 704, 711, 622 N.E.2d 1153. When an appellate court reviews a trial court’s disposition of a summary judgment motion, it applies the same standard as the trial court and conducts an independent review, without deference to the trial court’s determination. Maust v. Bank One Columbus, N.A. (1992), 83 Ohio App.3d 103, 107, 614 N.E.2d 765; Brown,

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Bluebook (online)
884 N.E.2d 617, 174 Ohio App. 3d 694, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-nationwide-mutual-fire-insurance-ohioctapp-2008.