Campbell v. Great Northern Insurance, Unpublished Decision (11-24-2003)
Campbell v. Great Northern Insurance, Unpublished Decision (11-24-2003)
Opinion of the Court
{¶ 2} At the time of the accident, Brandon's mother, Carol Campbell, was employed by Ohio Kentucky Oil, insured under a business auto policy issued by Great Northern Insurance Company.
{¶ 3} On June 7, 2002, Brandon's father, Ric Campbell, individually and as executor of the estate of Brandon Campbell, together with other next of kin, filed a complaint for declaratory judgment seeking underinsured motorists benefits from various insurance companies. Great Northern was added as a party on October 9, 2002.
{¶ 4} All parties filed motions for summary judgment. By judgment entry filed January 17, 2003, the trial court found appellees were entitled to underinsured motorists benefits under the Great Northern policy.
{¶ 5} Great Northern filed an appeal and this matter is now before this court for consideration. Assignments of error are as follows:
{¶ 9} The Great Northern policy contained express uninsured/underinsured motorist coverage. The definition of an "insured" under the uninsured/underinsured motorist provisions of the policy is similar to the definition in Scott-Pontzer. See, Section B of the Ohio Uninsured Motorists Coverage — Bodily Injury, attached to Plaintiffs' Complaint as Exhibit B. Based upon the Supreme Court of Ohio's recent decision in Westfield Insurance Co. v. Galatis,
100 Ohio St.3d ___,
{¶ 10} Assignment of Error I is granted. Assignment of Error II is moot.
{¶ 11} The judgment of the Court of Common Pleas of Stark County, Ohio is hereby reversed.
By Farmer, J. Hoffman, P.J. and Wise, J. concur.
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