Donaldson v. Travelers Prop. Cas. Ins., Unpublished Decision (11-26-2003)
Donaldson v. Travelers Prop. Cas. Ins., Unpublished Decision (11-26-2003)
Opinion of the Court
OPINION
{¶ 1} This underinsured motorist case arises from an accident that occurred on January 23, 2001. On that date, plaintiff-appellant, Brenda L. Donaldson, was seriously injured when she was hit from behind by a vehicle operated by Abdulkadir Mohamed. Appellant filed suit against Mr. Mohamed, who disclosed liability insurance of $12,500. At the time of the accident, appellant was employed by Value City FADC, a division of Schottenstein's Stores Corp. It is undisputed that at the time of the accident, appellant was not in the course and scope of her employment with Value City FADC.{¶ 2} Travelers Property and Casualty Insurance ("Travelers") had the commercial automobile insurance for Value City FADC. With the consent of Travelers, appellant settled her case against Mr. Mohamed for $12,000. She then filed suit against Travelers seeking underinsured motorist coverage pursuant to the holding of the Ohio Supreme Court inScott-Pontzer v. Liberty Mut. Fire Ins. Co. (1999),
{¶ 3} On November 5, 2003, after briefing and oral argument of this matter had been completed, the Ohio Supreme Court decided Westfield Ins.Co. v. Galatis,
{¶ 4} Here, it is undisputed that appellant was not in the course and scope of her employment with Value City FADC at the time of the accident. Therefore, no coverage arises under the Travelers policy.
{¶ 5} Based on the foregoing, appellant's first assignment of error is overruled, the second assignment of error is moot and the judgment of the Franklin County Court of Common Pleas is affirmed based on the authority of Westfield Ins. Co., supra.
Judgment affirmed.
BOWMAN and KLATT, JJ., concur.
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