Patterson v. State Farm Mutual Automobile, Unpublished Decision (1-30-2004)
Patterson v. State Farm Mutual Automobile, Unpublished Decision (1-30-2004)
Opinion of the Court
{¶ 2} The Lucas County Court of Common Pleas granted summary judgment to Westfield on the grounds that, since the Westfield policy specifically identifies "employees" in the definition of insureds, the ambiguous "you" analysis in Scott-Pontzer does not apply.
{¶ 3} In two assignments of error, appellant contends that aScott-Pontzer ambiguity exists in the definition of an insured despite the inclusion of "employees" in the definition, and that by virtue of that ambiguity, coverage existed for the rented vehicle.
{¶ 4} Pursuant to 6th Dist.Loc.App.R. 12(C), we sua sponte transfer this matter to our accelerated docket and hereby render our decision.
{¶ 5} In Westfield Ins. Co. v. Galatis,
{¶ 6} Here, the Westfield policy names Stanford E. Thal, Inc. as the named insured for uninsured motorist coverage. Appellant, an employee of Stanford E. Thal, Inc., sustained a loss that did not occur within the scope and course of her employment. The Westfield policy contains no language evidencing intent to extend coverage to employees outside the course and scope of employment.
{¶ 7} Accordingly, since appellant was clearly not within the course and scope of her employment when the accident occurred, appellant's two assignments of error are not well-taken.
{¶ 8} In consideration whereof, the judgment of the Lucas County Court of Common Pleas is affirmed. Costs to appellant.
Judgment Affirmed.
Pietrykowski, Lanzinger and Singer, J., concur.
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