Tomlinson v. Skolnik

540 N.E.2d 716, 44 Ohio St. 3d 11, 1989 Ohio LEXIS 129
CourtOhio Supreme Court
DecidedJune 28, 1989
DocketNos. 88-388 and 88-543
StatusPublished
Cited by123 cases

This text of 540 N.E.2d 716 (Tomlinson v. Skolnik) 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
Tomlinson v. Skolnik, 540 N.E.2d 716, 44 Ohio St. 3d 11, 1989 Ohio LEXIS 129 (Ohio 1989).

Opinions

Holmes, J.

The central issue in this case is whether a claim for loss of services and consortium constitutes a separate claim for “bodily injury” within the liability coverage provided in Buckeye Union’s policy. For the reasons which follow, we hold that loss of consortium is not a separate “bodily injury” and thus reverse the court of appeals.

As we construe the policy language at issue here, we do so utilizing the long-standing rules of construction and interpretation applicable to contracts generally. Gomolka v. State Auto. Mut. Ins. Co. (1982), 70 Ohio St. 2d 166, 167, 24 O.O. 3d 274, 275, 436 N. E. 2d 1347, 1348. The most important of these rules is one of abstention: “When the language of an insurance policy has a plain and ordinary meaning, it is unnecessary and impermissible for this court to resort to construction of that language. Travelers Indemnity Co. v. Reddick (1974), 37 Ohio St. 2d 119,121 [66 O.O. 2d 259].” Karabin v. State Automobile Mut. Ins. Co. (1984), 10 Ohio St. 3d 163, 166-167, 10 OBR 497, 499-500, 462 N.E. 2d 403, 406. See Gomolka, supra, at 168, 24 O.O. 3d at 276, 436 N.E. 2d at 1348 (court may not enlarge contract of insurance where provisions “are clear and unambiguous”). Thus, in reviewing an insurance policy, words and phrases used therein “must be given their natural and commonly accepted meaning, where they in fact possess such meaning, to the end that a reasonable interpretation of the insurance contract consistent with the apparent object and plain intent of the parties may be determined. * * * The insurer, having prepared the policy, must also be prepared to accept any reasonable interpretation, consistent with the foregoing, in favor of the insured. * * *” Gomolka, supra, at 167-168, 24 O.O. 3d at 275-276, 436 N.E. 2d at 1348; Dealers Dairy Products Co. v. Royal Ins. Co. Ltd. (1960), 170 Ohio St. 336, 10 O.O. 2d 424, 164 N.E. 2d 745; New Amsterdam Cas. Co. v. Johnson (1914), 91 Ohio St. 155, 157-158, 110 N.E. 475.

The declarations page of Skolnik’s policy with Buckeye Union provides, as [13]*13mentioned above, liability coverage for “BODILY INJURY” in the amount of $25,000 “[e]ach [p]erson,” and $50,000 “[e]ach [a]ccident.” The pertinent policy language relevant to such coverage provides as follows:

“AGREEMENT In return for payment of the premium and subject to all the terms of this policy, we agree with you as follows:
* *
“PART A
“LIABILITY COVERAGE We will pay damages for bodily injury or property damage for which any covered person becomes legally responsible because of an auto accident. We will settle or defend, as we consider appropriate, any claim or suit asking for these damages. Our duty to settle or defend ends when our limit of liability for this coverage has been exhausted.
“ ‘Covered person’ as used in this Part means:
“1. You or any family member for the ownership, maintenance or use of any auto or trailer.
a % * *
“LIMIT OF LIABILITY The limit of liability shown in the Declarations for ‘each person’ for Bodily Liability is our maximum limit of liability for all damages for bodily injury sustained by any one person in any one auto accident. Subject to this limit for ‘each person’, the limit of liability shown in the Declarations or in this endorsement for ‘each accident’ for Bodily Injury Liability is our maximum limit of liability for all damages for bodily injury resulting from any one auto accident. The limit of liability shown in the Declarations or in this endorsement for ‘each accident’ for property damage liability is our maximum limit of liability for all damages to all property resulting from any one auto accident.
“This is the most we will pay regardless of the number of covered persons, claims made, vehicles or premiums shown in the declarations, or vehicles involved in the auto accident. * * *” (Emphasis added.)

It is at first obvious that “Part A, Liability Coverage” provides a broad, general statement as to Buckeye Union’s liability coverage for damages for bodily injury or property damage, i.e., that Buckeye Union will pay such damages “for which any covered person becomes legally responsible because of an auto accident.” This broad assurance is unambiguously tempered, however, by the conspicuously labeled section entitled “Limit of Liability,” and the limitations for “each person” and “each accident” provided therein. “One may not regard only the right hand which giveth, if the left hand also taketh away. The intention of the parties must be derived instead from the instrument as a whole, and not from detached or isolated parts thereof.” Gomolka, supra, at 172, 24 O.O. 3d at 278-279, 436 N.E. 2d at 1351, and cases cited therein.

The plain and ordinary language of this policy is subject to but one reasonable interpretation, consistent with the natural and commonly accepted meaning of the words and phrases within the “Limit of Liability” section. Resort to “construction” of the various terms is thus unnecessary. Although many semantic hairs have been split by the parties and lower courts regarding this language, appellee Tomlinson does not have a separate claim for an amount over and above the amount paid to her husband under this policy quite simply because any damage she suffered was not a separate “bodily injury sustained by [her] * * * in any one auto accident.” (Emphasis added.)

The issue as framed by the court of appeals below was whether a claim for loss of consortium can be concluded to [14]*14be a separate “bodily injury” under the policy. The court concluded that it may. This was error. The term “bodily injury” is not specifically defined within Buckeye Union’s policy, and thus must be given its commonly accepted meaning. New Amsterdam Cas. Co., supra. “The words ‘bodily injury’ are commonly and ordinarily used to designate an injury caused by external violence * * Burns v. Employers’ Liability Assurance Corp. Ltd. (1938), 134 Ohio St. 222, 233, 12 O.O. 18, 23, 16 N.E. 2d 316, 321. In contrast, an action for loss of consortium involves, not an injury to the complainant’s body, but rather an injury to the complainant’s relationship with his or her spouse:

“The ‘gist’ of the wife’s action for loss of the consortium of her husband against a defendant who either intentionally or negligently causes injury to her husband is the direct hurt which she has suffered by reason of the loss of her husband’s society, services, sexual relations and conjugal affection which -includes companionship, comfort, love and solace.” Clouston v. Remlinger Oldsmobile Cadillac, Inc. (1970), 22 Ohio St. 2d 65, 72, 51 O.O. 2d 96, 100, 258 N.E. 2d 230, 234.

Although “the wife of a husband who has been incapacitated suffers great pain and endures constant anguish,” Clouston, supra, at 73, 51 O.O. 2d at 101, 258 N.E. 2d at 235, such physical manifestations do not render a claim for loss of consortium a “bodily injury” as that term is commonly understood.

Moreover, the legislature has recognized this common distinction between “bodily injury” and “loss of consortium” by its enactment of separate statutes of limitation for each: R.C.

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Cite This Page — Counsel Stack

Bluebook (online)
540 N.E.2d 716, 44 Ohio St. 3d 11, 1989 Ohio LEXIS 129, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tomlinson-v-skolnik-ohio-1989.