James v. Buckeye Union Ins. Co., Unpublished Decision (11-25-2003)
James v. Buckeye Union Ins. Co., Unpublished Decision (11-25-2003)
Opinion of the Court
OPINION
{¶ 1} This underinsured motorist case arises from an accident that occurred June 12, 1994. On that date, Troy Lamb and Anthony Lamb were passengers in a 1988 Mercury Tracer driven by Tiffany McKnight, their mother. Gwen McKnight, the boys' grandmother, was the owner of the vehicle, but she was not in the vehicle at the time of the accident. All four lived together at the time of the accident.{¶ 2} At the time of the accident, Gwen McKnight was employed by Summa Health Systems ("Summa"). Summa had both a business auto policy and a catastrophe liability policy with defendant-appellant/cross-appellee, Buckeye Union Insurance Company ("Buckeye Union"). The accident in question had no connection whatsoever with Gwen McKnight's employment with Summa.
{¶ 3} Through their guardian, Troy and Anthony Lamb sought underinsured motorist coverage under both Buckeye Union policies pursuant to holdings of the Ohio Supreme Court in Scott-Pontzer v. Liberty Mut.Fire Ins. Co. (1999),
{¶ 4} On November 5, 2003, after briefing, and oral argument of this matter had been completed, the Ohio Supreme Court decided WestfieldIns. Co. v. Galatis,
{¶ 5} Here, the parties stipulated that Gwen McKnight was not in the course and scope of her employment with Summa at the time of the accident. Therefore, no coverage arises under either policy.
{¶ 6} Based on the foregoing, appellant Buckeye Union's first and second assignments of error are sustained based on the authority ofWestfield, the third, fourth, and fifth assignments of error are moot, the assignment of error in the cross-appeal is overruled, and the judgment of the Franklin County Court of Common Pleas is affirmed in part and reversed in part and we enter judgment for Buckeye Union pursuant toWestfield, supra.
Judgment affirmed in part and reversed in part.
PETREE, P.J., and BOWMAN, J., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.