Richardson v. Kemper Ins., Unpublished Decision (2-25-2004)
Richardson v. Kemper Ins., Unpublished Decision (2-25-2004)
Opinion of the Court
Plaintiff-appellant, Kathleen Boyers Richardson, was injured in an automobile accident with an uninsured driver. At the time of the accident, she was employed by Cintas Corporation. She and her husband, plaintiff-appellant, Christopher Richardson, sought coverage under a business liability policy issued to Cintas by defendant-appellee, Lumbermens Mutual Casualty Company. The record shows that Kemper Insurance Companies, also named as a defendant, was a trade name used for a group of insurance companies, including Lumbermens. Consequently, we refer to Lumbermens and Kemper collectively as "Lumbermens."
Appellants' claims against Lumbermens were based uponScott-Pontzer v. Liberty Mut. Fire Ins. Co.,
In their sole assignment of error, appellants contend that the trial court erred in entering summary judgment for Lumbermens. They contend that Hans is not applicable to the present case. We need not reach that issue.
In Westfield Ins. Co. v. Galatis,
No material facts remained to be litigated. Reasonable minds could have reached but one conclusion — that appellants were not entitled to uninsured motorist coverage under the policy issued by Lumbermens. Lumbermens was entitled to judgment as a matter of law, and the trial court did not err in granting summary judgment in its favor. See Harless v. Willis Day Warehousing Co. (1978),
Further, a certified copy of this Judgment Entry shall constitute the mandate, which shall be sent to the trial court under App.R. 27. Costs shall be taxed under App.R. 24.
Winkler, P.J., Doan and Sundermann, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.