Miller v. Hartford

2001 Ohio 4370, 770 N.E.2d 643, 118 Ohio Misc. 2d 195
CourtLake County Court of Common Pleas
DecidedJune 14, 2001
DocketNo. 00CV001234
StatusPublished

This text of 2001 Ohio 4370 (Miller v. Hartford) is published on Counsel Stack Legal Research, covering Lake County Court of Common Pleas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Miller v. Hartford, 2001 Ohio 4370, 770 N.E.2d 643, 118 Ohio Misc. 2d 195 (Ohio Super. Ct. 2001).

Opinion

Eugene A. Lucci, Judge.

{¶ 1} This matter came on to be heard on the following:

{¶ 2} Defendant Hartford Casualty Insurance Company’s motion for summary judgment, filed February 20, 2001;

{¶ 3} Plaintiffs brief in opposition to Hartford’s motion for summary judgment and plaintiffs cross-motion for partial summary judgment, filed March 19, 2001;

{¶ 4} Defendant Hartford’s reply brief in support of its motion for summary judgment and defendant Hartford’s brief in opposition to plaintiffs [cross-]motion for [partial] summary judgment, filed April 19, 2001;

{¶ 5} Plaintiffs brief in reply to defendant Hartford’s brief in opposition to plaintiffs cross-motion for partial summary judgment, filed May 3, 2001; and

{¶ 6} Defendant Hartford’s additional reply brief in support of its motion for summary judgment and in opposition to plaintiffs [cross-]motion for [partial] summary judgment, filed May 22, 2001.

{¶ 7} Defendant Hartford’s supplemental authority instanter, filed June 13, 2001.

{¶ 8} For the following reasons, defendant Hartford’s motion for summary judgment is not well taken and is hereby denied, and plaintiffs cross-motion for partial summary judgment is well taken and is hereby granted.

FACTS

{¶ 9} The following material facts are undisputed:

{¶ 10} On December 2, 1998, an individual named Kimberly Ivary drove her motor vehicle into a motorcycle that was owned and operated by plaintiff Eugene [197]*197Miller, causing severe injuries to plaintiff.1 On the date of the collision, plaintiff was employed by the Coe Manufacturing Company (“Coe”). Coe had previously purchased liability insurance from defendant Hartford, which issued policy number 45 UEN CR5122 and listed six corporations, including Coe, and one individual, named Fred Fields, as the named insureds under the policy.2

{¶ 11} On May 19, 2000, defendant Hartford notified plaintiffs counsel in writing that Hartford had agreed to waive Hartford’s subrogation rights against Kimberly Ivary, and on or about May 22, 2000, plaintiff accepted Ivary’s offer of $293,000 in settlement of plaintiffs claims against her as the tortfeasor.3

{¶ 12} Plaintiff filed this action against defendant Hartford on July 28, 2000, for declaratory judgment and judgment for breach of contract. With respect to Hartford, plaintiffs complaint seeks to recover insurance proceeds under the underinsured motorist coverage of the insurance policy that listed Coe as one of the named insureds. Specifically, plaintiff seeks in count one to establish underinsured motorist coverage under Hartford’s policy pursuant to the Ohio Supreme Court’s decision in Scott-Pontzer v. Liberty Mut. Ins. Co. (1999), 85 Ohio St.3d 660, 710 N.E.2d 1116, together with an award of compensatory damages under such coverage. In count two, plaintiff seeks to establish a claim against Hartford for material breach of contract based on Hartford’s “refusal to pay appropriate benefits to Plaintiff’ under Hartford’s policy.

[198]*198DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

{¶ 13} Defendant’s motion for summary judgment, filed February 20, 2001, asserts that summary judgment should be awarded in its favor and against plaintiff because (A) the construction of the terms of an insurance policy is a question of law and not a question of fact; (B) the rule of law announced in the Scott-Pontzer decision does not apply in this case because Hartford’s insurance policy — which, in addition to the various corporate insureds, also named one individual (Fred Fields) as an insured — does not contain the same ambiguity that was found in the insurance policy in Scott-Pontzer, and, therefore, plaintiff is not an insured under the policy; and (C) since plaintiff was not an insured under the policy, and since he was driving his own motorcycle at the time of the collision, he was not occupying a “covered auto” as that term is defined in the policy.4

{¶ 14} In support of its motion for summary judgment, defendant has attached the following documents to its brief in support:

{¶ 15} A copy of the summons and complaint5 in this action, attached to the motion as defendant’s exhibit A;

{¶ 16} A copy of excerpts from the deposition of Eugene William Miller, taken in Eugene W. Miller v. Kimberly R. Ivary, Lake County Common Pleas Case No. 99CV000872, attached to the motion as defendant’s exhibit B;

{¶ 17} A copy of the Release of all Claims,6 in which Eugene W. Miller released Kimberly R. Ivary and Motorists Mutual Insurance Company from all claims in exchange for payment of $287,000.00, attached to the motion as defendant’s exhibit C;

{¶ 18} A copy of plaintiffs verified answers to Hartford’s first set of interrogatories and requests for production of documents to plaintiff, attached to the motion as defendant’s exhibit D; and

{¶ 19} An authenticated copy of the Hartford insurance policy, attached to the motion as defendant’s exhibit E.

PLAINTIFF’S BRIEF IN OPPOSITION

{¶ 20} In response to defendant’s motion, plaintiff filed his brief in opposition, making the following arguments:

[199]*199{¶ 21} The court must give the language of an insurance policy a reasonable construction in comporting with the intentions of the parties, and must construe the language — and any ambiguity — liberally in favor of the insured party and strictly against the insurer;

{¶ 22} The rule of law announced in the Scott-Pontzer decision does apply in this case because:

{¶ 28} As in the policy in Scott-Pontzer, when the Hartford policy defines “Who is an insured,” the first definition is “You.” “You” refers to the seven named insureds in the endorsement contained in Form IH 12 00 11 85 of the Hartford policy. Coe is one of the seven named insureds. Since Coe is a corporation, it could not have been the intent of the parties for Hartford’s policy to provide underinsured motorist coverage for Coe’s non-living properties and/or assets.

{¶ 24} Also, R.C. 3937.18(A) requires that underinsured motorist coverage be “provided to persons insured under the policy for loss due to bodily injury * * * suffered by such persons.” (Emphasis added.) Hence, Hartford’s policy was intended to insure persons associated with and/or employed by Coe. In this, regard, “You” is subject to several reasonable interpretations. ‘You” could apply to Coe’s employees, officers, directors, shareholders, representatives and agents, or to all or some of them.

{¶ 25} Because Hartford’s policy is reasonably susceptible of more than one interpretation with regard to the term “You,” this term must be construed strictly against Hartford and liberally in favor of plaintiff.

{¶ 26} The interpretation of the meaning of “You” that least favors Hartford and most favors plaintiff is that Hartford’s policy provided underinsured motorist coverage for Coe’s employees.

{¶ 27} The second definition of “Who is an Insured” includes “2.

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Bluebook (online)
2001 Ohio 4370, 770 N.E.2d 643, 118 Ohio Misc. 2d 195, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-hartford-ohctcompllake-2001.