Steinbach v. State Farm Ins. Company, Unpublished Decision (5-22-2000)
Steinbach v. State Farm Ins. Company, Unpublished Decision (5-22-2000)
Opinion of the Court
OPINION
Plaintiffs-appellants James R. Steinbach and Pamela M. Steinbach (hereinafter collectively, "the Steinbachs", and individually, "James Steinbach" and "Pamela Steinbach") appeal the April 1, 1999 Memorandum of Decision and May 4, 1999 Judgment Entry entered by the Licking County Court of Common Pleas, granting summary judgment in favor of defendant-appellee State Farm Mutual Automobile Insurance Company (hereinafter "State Farm") and denying the Steinbachs' request for declaratory judgment.I. THE TRIAL COURT ERRED IN GRANTING APPELLEE DECLARATORY JUDGMENT AND ERRED IN DISMISSING APPELLANTS' COMPLAINT FOR DECLARATORY JUDGMENT. SEE, MEMORANDUM OF DECISION, FILED APRIL 1, 1999.
Pamela And James Are Entitled To Receive $100,000 From State Farm In Uninsured/Underinsured Motorists Coverage Without Such Coverage Being "Excess Coverage."
Pamela And James Are Entitled To Receive $100,000 From State Farm In Uninsured/Underinsured Motorists Coverage Without "Stacking Coverage."
State Farm Has Failed To Include Effective Anti-Stacking Language In Its Policies, Entitling Pamela And James To Coverage Up To $200,000 Each.
State Farm Must Provide Up To $100,000 In Underinsured Motorist Coverage To Pamela And James.
At The Very Least, State Farm Must Provide Underinsured Motorists Coverage To Pamela.
These assertions focus on three primary issues which must be addressed in resolving this appeal. First, we must determine whether the Steinbachs' individual claims are a "single claim" for purposes of determining the available limits of coverage. Second, we must determine whether State Farm may offset the $100,000 received by the Steinbachs from Western Reserve, the tortfeasor's insurer. Finally, we must determine whether the State Farm policies contain effective anti-stacking language. We shall address each issue in turn. R.C.
(Emphasis added).
Pursuant to the above language, an insurer is permitted to include policy language to the effect all claims arising from the bodily injury sustained by one person shall be considered collectively as a single claim subject to a single "per person" limit. The State Farm policies in the instant appeal include the following language: The amount of coverage is shown on the declarations page under "Limits of Liability-U-Each Person, Each Accident". Under "Each Person" is the amount of coverage for all damages arising out of and due to bodily injury to one person. "Bodily injury to one person" includes all injury and damages to others arising out of and resulting from this bodily injury. Under "Each Accident" is the total amount of coverage subject to the amount shown under "Each Person", for all such damages arising out of and due to bodily injury to two more persons in the same accident.
(Emphasis in original).
This language clearly and unambiguously limits coverage for all claims arising out of and resulting from the bodily injury sustained by one person (Pamela Steinbach) to the single "each person" limit ($100,000). This Court has previously found "limits of liability" language similar to the language at issue sub judice permissible and legally enforceable. See, Plot v. Colonial Ins. Co. (1998),
(2) Underinsured motorist coverage, which shall be in an amount of coverage equivalent to the automobile liability or motor vehicle liability coverage and shall provide protection for insureds thereunder against loss for bodily injury, sickness, or disease, including death, suffered by any person insured under the policy, where the limits of coverage available for payment to the insured under all bodily injury liability bonds and insurance policies covering persons liable to the insured are less than the limits for the insured's uninsured motorist coverage. Underinsured motorist coverage is not and shall not be excess insurance to other applicable liability coverages, and shall be provided only to afford the insured an amount of protection not greater than that which would be available under the insured's uninsured motorist coverage if the person or persons liable were uninsured at the time of the accident. The policy limits of the underinsured motorist coverage shall be reduced by those amounts available for payment under all applicable bodily injury liability bonds and insurance policies covering persons liable to the insured.
(Emphasis added).
Having determined supra, the Steinbachs' claims constitute a single claim and the available coverage is limited to the "each person" amount pursuant to R.C.
1. Any and all stacking of uninsured motor vehicle coverage is precluded.2. If Other Policies Issued By Us To You, Your Spouse or Any Relative Apply
Subject to 1 above, if two or more motor vehicle liability policies issued by us to you, your spouse or any relative providing uninsured motor vehicle coverage apply to the same accident, the total limits of liability under all such policies shall not exceed that of the policy with the highest limit of liability.
3. If Any Other Policies Apply
Subject to 1 and 2 above:
a. If the insured sustains bodily injury as a pedestrian and other uninsured motor vehicle coverage applies or is injured while occupying your car, and your car is described on the declarations page of another policy providing uninsured motor vehicle coverage:
(1) the total limits of liability under all coverages that apply shall not exceed that of the coverage with the highest limit of liability; and
(2) we are liable only for our share. Our share is that per cent of the damages that our limit of liability determined in 1 above bears to the total sum of that limit of liability and the limits of liability of all other coverages that apply.
(Emphasis in original).
We find Section 1 contains effective, unambiguous anti-stacking language. However, the Steinbachs refer this Court to Section 3 as the applicable provision. The Steinbachs maintain stacking is permissible because Pamela Steinbach was injured as a pedestrian and James Steinbach's car is not described on the declarations page of another policy. Essentially, the Steinbachs read this provision to require both of these conditions before the anti-stacking language is effective. We disagree with such a reading. We read Section 3 to prohibit stacking if the insured is either (1) a pedestrian and other uninsured motor vehicle coverage applies or (2) injured while occupying "your car" and, "your car" is described on the declarations page of another policy. The injured as a "pedestrian and other uninsured motorist coverage applies or is injured while occupying your car, and your car is described" language is written in the disjunctive. (Underline emphasis added) (Italicized emphasis in original). As such, the fact Pamela Steinbach was injured as a pedestrian alone is sufficient to trigger this anti-stacking provision. Furthermore, we also find Section 2 to be applicable. Herein, State Farm issued two motor vehicle liability policies, one to James Steinbach, individually, and one to Pamela Steinbach, individually. It is undisputed the uninsured motorist vehicle coverage through those policies was available for damages resulting from the March 27, 1997 accident. Pursuant to Section 2, the total limits of liability available under the two policies may not exceed the liability limits of the policy with the highest limit. According to this language, the total limits of liability for the March 27, 1997 accident shall not exceed $100,000, which represents the highest limit of liability under the Steinbachs' two State Farm policies. Based upon the foregoing, we find the Steinbachs are not entitled to UIM coverage from State Farm pursuant to the anti-stacking provision. Having determined the Steinbachs were only entitled to recover $100,000 in total from State Farm under the two policies and that State Farm properly setoff the $100,000 received by the Steinbachs from the tortfeasor against the $100,000 available under the Steinbachs' UIM coverage, we find the trial court properly granted summary judgment in favor of State Farm and appropriately denied the Steinbachs' request for declaratory judgment.
The judgment entry of the Licking County Court of Common Pleas is affirmed.
FARMER, J. and WISE, J. CONCUR.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.