Miller v. Motorist Mutual Insurance

196 Ohio App. 3d 753
CourtOhio Court of Appeals
DecidedNovember 28, 2011
DocketNo. 2011-P-0016
StatusPublished
Cited by3 cases

This text of 196 Ohio App. 3d 753 (Miller v. Motorist Mutual 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
Miller v. Motorist Mutual Insurance, 196 Ohio App. 3d 753 (Ohio Ct. App. 2011).

Opinion

Mary Jane Trapp, Judge.

{¶ 1} Appellants, Theresa Miller and Geoffrey Davis, appeal from a decision of the Court of Common Pleas of Portage County, granting summary judgment in favor of appellee, Motorist Mutual Insurance Company (“MMIC”), and denying appellants’ motion for summary judgment. While the parties stipulate to the facts in this case and to the liability of the tortfeasor, they disagree over whether the multiple collisions giving rise to this case constituted one accident for the purposes of insurance liability limits, or two. Given the failure of the insurance company to include a more precise definition of the policy term “accident” and to use limiting language found in other policies that have withstood judicial scrutiny, we find that the incidents giving rise to Miller’s and Davis’s claims constitute two accidents.

{¶ 2} Substantive Facts and Procedural History

{¶ 3} The facts in this case are undisputed. On the evening of July 12, 2008, Daniel Masterson was heading west on State Route 5, when he took his eyes off [755]*755the road in order to reach to the floorboard to retrieve his lighter and veered into the eastbound lane of traffic. The SUV that Masterson was driving collided with a group of motorcycles headed east. Masterson first collided with a motorcycle driven by David Perrine. In an attempt to avoid hitting Perrine’s motorcycle, Michael Reese, who was driving behind Perrine, took evasive action but was unable to avoid hitting Perrine’s motorcycle and sliding into his path. Perrine and his passenger, Julia Hill, and Reese and his passenger, Kim Mook, sustained injuries.

{¶ 4} Within 0.3 seconds of striking Perrine, Masterson struck a motorcycle driven by Geoffrey Davis, and then traveled back across the westbound lane before crashing into a guardrail. Davis and his passenger, Theresa Miller, were also injured.

{¶ 5} Masterson was insured by MMIC, and his policy contained liability coverage for bodily injury with split limits of $100,000 for “each person” and $300,000 for “each accident.” No dispute exists as to Masterson’s liability, nor is there a dispute that the collective value of the injuries sustained by Perrine, Hill, Reese, Mook, Davis, and Miller exceeded $300,000.

{¶ 6} A dispute does exist, however, as to whether the incidents constitute one accident, limiting MMIC’s liability to a single $300,000-per-accident payment or whether they constitute two accidents, increasing MMIC’s exposure in this case to, at most, $500,000. Miller and Davis contend that Masterson’s collision with their motorcycle constitutes a separate accident from the initial collision with Perrine’s motorcycle and that they are entitled to a separate $300,000-per-accident payment.

7} Because MMIC’s liability for at least one accident was not disputed, the parties entered into a covenant not to execute, which provided that MMIC would make one “each accident” payment of $300,000 to be split among the six injured parties, but provided for the ability to file a declaratory-judgment action seeking interpretation of MMIC’s policy, and determination of whether the incidents constituted one or two accidents. The covenant not to execute further provided that should a court determine the incident to be two accidents, MMIC would pay an additional $100,000 each to Miller and Davis.

{¶ 8} Miller and Davis ultimately filed a declaratory-judgment action, and the parties submitted cross-motions for summary judgment and declaratory relief. The trial court granted summary judgment in favor of MMIC, finding, “The whole incident was one brief continuous course of conduct.” The trial court relied on language in the “Limitation of Liability” portion of the policy to determine that “the term ‘accident’ or ‘any one auto accident’ includes all the vehicles involved in the collision.” Applying the policy language to its finding that there was one continuous course of conduct, the trial court held that there was only one [756]*756accident and that the parties were “therefore limited to a single recovery under the ‘Each Accident’ portion of [MMIC’s] policy, regardless of the number of motorcycles involved in the incident.”

{¶ 9} Miller and Davis timely appealed and now bring the following assignment of error:

{¶ 10} “The trial court erred in ignoring this Court’s decision in Godwin and in granting MMIC’s motion for summary judgment and denying the plaintiffs’ motion for summary judgment.”

{¶ 11} Standard of Review

{¶ 12} We review de novo a trial court’s order granting summary judgment. Hapgood v. Conrad, 11th Dist. No. 2000-T-0058, 2002-Ohio-3363, 2002 WL 1400583, ¶ 13, citing Cole v. Am. Industries & Resources Corp. (1998), 128 Ohio App.3d 546, 715 N.E.2d 1179. “A reviewing court will apply the same standard a trial court is required to apply, which is to determine whether any genuine issues of material fact exist and whether the moving party is entitled to judgment as a matter of law.” Id., citing Parenti v. Goodyear Tire & Rubber Co. (1990), 66 Ohio App.3d 826, 829, 586 N.E.2d 1121.

{¶ 13} “Since summary judgment denies the party his or her ‘day in court’ it is not to be viewed lightly as docket control or as a ‘little trial.’ The jurisprudence of summary judgment standards has placed burdens on both the moving and the nonmoving party. In Dresher v. Burt [(1996), 75 Ohio St.3d 280, 662 N.E.2d 264], the Supreme Court of Ohio held that the moving party seeking summary judgment bears the initial burden of informing the trial court of the basis for the motion and identifying those portions of the record before the trial court that demonstrate the absence of a genuine issue of fact on a material element of the nonmoving party’s claim. The evidence must be in the record or the motion cannot succeed. The moving party cannot discharge its initial burden under Civ.R. 56 simply by making a conclusory assertion that the nonmoving party has no evidence to prove its case but must be able to specifically point to some evidence of the type listed in Civ.R. 56(C) that affirmatively demonstrates that the nonmoving party has no evidence to support the nonmoving party’s claims. If the moving party fails to satisfy its initial burden, the motion for summary judgment must be denied. If the moving party has satisfied its initial burden, the nonmoving party has a reciprocal burden outlined in the last sentence of Civ.R. 56(E) to set forth specific facts showing there is a genuine issue for trial. If the nonmoving party fails to do so, summary judgment, if appropriate shall be entered against the nonmoving party based on the principles that have been firmly established in Ohio for quite some time in Mitseff v. Wheeler (1988), 38 Ohio St.3d 112 [526 N.E.2d 798].” Welch v. Ziccarelli, 11th Dist. No. 2006-L-229, 2007-Ohio-4374, 2007 WL 2410102, ¶ 40.

[757]*757{¶ 14} Interpretation of MMIC’s Policy

{¶ 15} The controlling portion of MMIC’s policy provides:

{¶ 16} “A. The limit of liability shown in the Declarations for this coverage is our maximum limit of liability for all damages resulting from any one auto accident.

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Related

Sarrough v. Budzar
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Bluebook (online)
196 Ohio App. 3d 753, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-motorist-mutual-insurance-ohioctapp-2011.