Ziegler v. Pacific Employers Ins. Company, Unpublished Decision (12-1-2003) , 2003 Ohio 6405 ( 2003 )
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OPINION {¶ 1} Defendant-appellant Pacific Employers Insurance Company ("Pacific") appeals the April 14, 2003 Nunc Pro Tunc Judgment Entry of the Stark County Court of Common Pleas which granted summary judgment to plaintiff-appellee Brian W. Ziegler.STATEMENT OF THE FACTS AND CASE {¶ 2} On May 27, 2000, appellee was a passenger in a vehicle operated by Jeff Huff, III. Huff lost control of the vehicle, resulting in a crash and causing injury to appellee.{¶ 3} Appellee lived at home with his parents at the time of the accident. Appellee's father was employed by Babcock Wilcox Company ("BW"). Pacific insured BW under a Business Auto Policy. The policy did not contain UM/UIM coverage. BW had attempted to reject UM/UIM coverage by a written rejection.
{¶ 4} Appellee filed a declaratory judgment against Pacific and Indiana Insurance Company on February 7, 2001.1 The trial court granted appellee summary judgment finding UM/UIM coverage existed under Pacific's policy via Nunc Pro Tunc Judgment Entry filed April 14, 2003. It is from that judgment entry Pacific prosecutes this appeal, assigning as error:
{¶ 5} "I. The trial court erred in granting summary judgment to plaintiff-appellee Brian W. Ziegler and in denying summary judgment to Defendant-Appellant Pacific Employers Insurance Company."
I {¶ 6} Appellee's claim and the trial court's finding of coverage is premised upon Ezawa v. Yasuda Fire Marine Ins. Co. of America (1999),86 Ohio St.3d 557 . Subsequent to the trial court's decision,Ezawa was overruled in Westfield Ins. Co. v. Galatis, 100 Ohio St.3d ___,2003-Ohio-5849 . Pursuant to Galatis, Pacific's assignment of error is sustained.{¶ 7} The judgment of the Stark County Court of Common Pleas is reversed.
Hoffman, P.J., Wise, J. and Boggins, J. concur.
1 Indiana Insurance is not a party to this appeal.
Document Info
Docket Number: Case No. 2003CA00180.
Citation Numbers: 2003 Ohio 6405
Judges: HOFFMAN, P.J.
Filed Date: 12/1/2003
Precedential Status: Non-Precedential
Modified Date: 4/18/2021