Pauley v. Royal Insurance Company, Unpublished Decision (12-3-2003)
Pauley v. Royal Insurance Company, Unpublished Decision (12-3-2003)
Opinion of the Court
{¶ 2} During the pendency of this case, and in fact, the day after oral argument in this matter, the Ohio Supreme Court announced its decision in Westfield Ins. Co. v. Galatis, 100 Ohio St. ___,
{¶ 3} In the case before us, Misty Pauley was a passenger in a vehicle owned and operated by Jeffrey R. Slocum. Slocum was not driving an automobile covered under Royal's insurance policy. This claim arises out of Misty's mother's employment. Applying the language in Galatis, we find appellees are not insureds under the Royal insurance policy.
{¶ 4} Appellants assigns five errors to the trial court:
{¶ 5} "The trial court erred in holding that plaintiffs are insureds for uninsured motorist coverage under the royal policy.
{¶ 6} The trial court erred in holding that the plaintiff misty pauley is an insured under the medical payments coverage.
{¶ 7} The trial court erred in holding that plaintiffs were not excluded from coverage as misty pauley was not occupying a covered vehicle.
{¶ 8} "The trial court erred in holding that notice and subrogation provisions did not preclude recovery.
{¶ 9} "Although the trial court did not error in holding the royal policy was an automobile policy, the trial court erred in relying on the general liability coverage form of the royal policy for this determination."
{¶ 10} The first, second, third, and fifth assignments of error are sustained.
{¶ 11} The fourth assignment of error is overruled as moot.
{¶ 12} For the foregoing reasons, the judgment of the Court of Common Pleas of Licking County, Ohio, is reversed, and pursuant to App. R. 12, we enter final judgment in favor of appellant.
By Gwin, P.J., Farmer, J., and Edwards, J., concur.
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