U.S. Specialty Ins. Co. v. Drake Aerial Enters., LLC

328 F. Supp. 3d 781
CourtDistrict Court, N.D. Ohio
DecidedSeptember 10, 2018
DocketCase No. 3:16CV2510
StatusPublished

This text of 328 F. Supp. 3d 781 (U.S. Specialty Ins. Co. v. Drake Aerial Enters., LLC) is published on Counsel Stack Legal Research, covering District Court, N.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
U.S. Specialty Ins. Co. v. Drake Aerial Enters., LLC, 328 F. Supp. 3d 781 (N.D. Ohio 2018).

Opinion

James G. Carr, Sr. U.S. District Judge *783ORDER

This is an insurance coverage dispute.

Plaintiff U.S. Specialty Insurance Company (Specialty Insurance) issued a liability policy to Drake Aerial Enterprises, LLC (Drake). On June 27, 2016, a Drake airplane was towing an advertising banner when it ran out of fuel and lost power. The pilot released the banner and crash-landed in a Detroit residential neighborhood. On its way down, the plane struck and downed a power line, which came in contact with Ms. Theresa Surles. She died later that day from the effects of the electrical shock she had received.

The representative of Ms. Surles' estate, Howard T. Linden, sued Drake in the Circuit Court of Wayne County, Michigan. Drake tendered the defense to Specialty Insurance, which declined coverage.

Specialty Insurance did so on the basis of an exclusion in its policy that states that the policy does not cover "Bodily Injury, property damage or consequential loss arising out of the impact of the aircraft or the advertising apparatus with transmission lines ." (Emphasis supplied). Asserting that the power line that the plane hit was a "transmission line," Specialty Insurance has brought this declaratory judgment action to determine the rights of the parties.

The only issue in this case is the meaning of the term "transmission line" in the exclusion. According to Drake and Linden, a "transmission line" is a power line that carries high-voltage power over long distances, rather than a line that conveys power to customers' residences. Specialty Insurance contends that the term "transmission line" is commonly understood to be any power line that carries electricity, whether over long distances or short distances.

Pending are a motion by Specialty Insurance for summary judgment (Doc. 49) and counter-motions for summary judgment by Linden (Doc. 54) and Drake (Doc. 55). For the reasons that follow, I grant Drake's and Linden's counter-motions and deny the motion by Specialty Insurance.

Discussion

A. Doctrines for Interpreting an Insurance Policy

The governing doctrines for interpreting contracts, including insurance policies, which I apply here, are:

• "In construing any written instrument, the primary and paramount objective is to ascertain the intent of the parties. The general rule is that contracts should be construed so as to give effect to the intention of the parties." Aultman Hosp. Ass'n v. Cmty. Mut. Ins. Co. , 46 Ohio St. 3d 51, 53, 544 N.E.2d 920 (1989) ;
• "[C]ommon words appearing in a written instrument are to be given their plain and ordinary meaning unless manifest absurdity results or unless some other meaning is clearly intended from the face or overall contents of the instrument." Alexander v. Buckeye Pipe Line Co. , 53 Ohio St. 2d 241, 245-46, 374 N.E.2d 146 (1978) ;
• "[A]bsent some special circumstance, such as a contractual definition, or a commercial or technical meaning acquired by usage and intended to be used by the parties, or a special meaning manifested in the contractual context, the entire policy must be considered and construed in a fashion which accords words and phrases therein their natural and usual *784meaning." Gomolka v. State Auto. Mut. Ins. Co., 70 Ohio St. 2d 166, 172-73, 436 N.E.2d 1347 (1982) ;
• "The insurer, being the one who selects the language in the contract, must be specific in its use; an exclusion from liability must be clear and exact in order to be given effect." Lane v. Grange Mut. Cos. , 45 Ohio St. 3d 63, 65, 543 N.E.2d 488 (1989) ;
• "[W]here an insurer relies on an exclusion to deny coverage, the insurer has the burden of proving the applicability of the exclusion." Will Repair, Inc. v. Grange Ins. Co. , 2014-Ohio-2775, ¶ 21, 15 N.E.3d 386 (Ohio App. 2014) ;
• "Where provisions of a contract of insurance are reasonably susceptible of more than one interpretation, they will be construed strictly against the insurer and liberally in favor of the insured." Lane , supra ;
• "[L]anguage is unambiguous if, from reading only the four corners of the instrument, the language is clear, definite, and subject to only one interpretation." Beverly v. Parilla , 165 Ohio App. 3d 802, 808, 848 N.E.2d 881 (2006) ;
• "The language is ambiguous if it is unclear, indefinite, and reasonably subject to dual interpretations or is of such doubtful meaning that reasonable minds could disagree as to its meaning." Id. ; and
• The Sixth Circuit and other federal courts, as well as the Ohio courts, look to dictionary definitions to determine the plain and ordinary meaning of undefined terms in insurance contracts. Westfield Ins. Co. v. Continental Ins. Co. , 2015 WL 1549277, *4 (N.D. Ohio 2015) (Nugent, J.); Rite Aid of Ohio, Inc. v. Marc's Variety Store, Inc. , 93 Ohio App.3d 407, 415,

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Related

Will Repair, Inc. v. Grange Ins. Co.
2014 Ohio 2775 (Ohio Court of Appeals, 2014)
Rite Aid of Ohio, Inc. v. Marc's Variety Store, Inc.
638 N.E.2d 1056 (Ohio Court of Appeals, 1994)
Beverly v. Parilla
848 N.E.2d 881 (Ohio Court of Appeals, 2006)
Alexander v. Buckeye Pipe Line Co.
374 N.E.2d 146 (Ohio Supreme Court, 1978)
Gomolka v. State Automobile Mutual Insurance
436 N.E.2d 1347 (Ohio Supreme Court, 1982)
King v. Nationwide Insurance
519 N.E.2d 1380 (Ohio Supreme Court, 1988)
Lane v. Grange Mutual Companies
543 N.E.2d 488 (Ohio Supreme Court, 1989)
Aultman Hospital Ass'n v. Community Mutual Insurance
544 N.E.2d 920 (Ohio Supreme Court, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
328 F. Supp. 3d 781, Counsel Stack Legal Research, https://law.counselstack.com/opinion/us-specialty-ins-co-v-drake-aerial-enters-llc-ohnd-2018.