DocketNumber: No. 00AP-130.
Judges: KENNEDY, J.
Filed Date: 2/13/2001
Status: Non-Precedential
Modified Date: 4/18/2021
The decedent, Timothy I. Murphy, died as a result of a single-vehicle automobile accident in Barren County, Kentucky, on December 30, 1997. Murphy was a passenger in an automobile driven by Kevin V. Sheriff. Sheriff was an insured under an auto-mobile liability policy issued by appellee and providing liability coverage in the amount of $300,000 per person and $500,000 per accident. Both Murphy and Sheriff were Ohio residents at the time of the accident. The automobile involved in the accident was registered in Ohio, and the insurance policy was issued in Ohio. Appellee paid Murphy's estate $300,000 in exchange for a Covenant Not to Sue and a Covenant Not to Execute. For the purposes of determining coverage issues in this case only, the parties stipulated that Murphy died as a result of the negligence of Sheriff.
Appellants filed a complaint for declaratory judgment on September 22, 1999, seeking to determine the rights and obligations under the insurance policy issued by appellee and asserting that R.C.
The trial court issued a decision and entry on January 5, 2000, finding that Ohio contract law applies and that R.C.
On appeal, appellants assert two assignments of error:
I. THE TRIAL COURT ERRED IN APPLYING OHIO CONTRACT LAW TO A LIABILITY CLAIM OCCURRING IN KENTUCKY.
II. S.B. 20 AS AMENDED IN O.R.C.
3937.18 IS UNCON-STITUTIONAL.
An appellate court reviews a trial court's grant of summary judgment independently and without deference to the trial court's determination. Sadinsky v. EBCO Mfg. Co. (1999),
*** (1) [N]o genuine issue as to any material fact remains to be litigated; (2) the moving party is entitled to judgment as a matter of law; and (3) it appears from the evidence that reasonable minds can come to but one conclusion, and viewing such evidence most strongly in favor of the nonmoving party, that conclusion is adverse to the party against whom the motion for summary judgment is made. ***
State ex rel. Parsons v. Fleming (1994),
In appellants' first assignment of error, they argue that the trial court erred by concluding that Ohio contract law, rather than Kentucky tort law, applied. We disagree.
Appellants' declaratory judgment action sought a declaration that Murphy's estate was entitled to recover up to $500,000 under the "each accident" limit of the insurance policy, rather than the $300,000 "per person" limit. Appellants argued that, because this action involves a wrongful death tort claim, under choice of law principles, Kentucky law, as the state where the accident occurred, applies. Appellants asserted that Kentucky law does not allow multiple liability claims to be limited to the "per person" limitation in the policy. Appellee argued that contract law applied because the action was seeking a declaration of rights under the insurance policy and that Ohio law applied under choice of law principles because the policy was issued in Ohio to an Ohio resident. The trial court agreed with appellee and granted its summary judgment motion, finding that contract law applied and that, under choice of law principles, Ohio law governs. Additionally, the trial court found that, even if Kentucky law applied, the "per person" limit in the policy would be the maximum that appellants could recover. Both parties essentially raise the same arguments on appeal.
We agree with the trial court that contract law, rather than tort law, applies to determine the limit of liability under the policy issued by appellee. In Fiste v. Atlantic Mut. Ins. Co. (1994),
We also find that the trial court properly concluded that, under choice of law principles, Ohio law, rather than Kentucky law, applies because the insurance policy was issued in Ohio to an Ohio resident covering an automobile registered in Ohio. In Nationwide Mut. Ins. Co. v. Ferrin
(1986),
(a) the place of contracting,
(b) the place of negotiation of the contract,
(c) the place of performance,
(d) the location of the subject matter of the contract, and
(e) the domicile, residence, nationality, place of incorporation and place of business of the parties.
Id. Under both of these holdings, Ohio law clearly applies. This court reached the same conclusion in Fiste, finding that Ohio law governed the interpretation of an insurance policy issued to an Ohio driver even though the accident occurred in Canada. Fiste, at 167-168. The United States Court of Appeals for the Sixth Circuit made a similar conclusion in Miller, holding that the insurance policy at issue must be interpreted under the law of the state where the insurance policy was issued, rather than the state where the accident occurred. Miller, at 825. Thus, Ohio law is applicable to determine appellee's liability to appellants under the policy.
Additionally, appellants assert that language in the insurance policy issued by appellee, indicating that it will provide "at least the minimum amounts and types of coverages required by law" for out-of-state automobile accidents, is ambiguous and should be strictly construed against appellee. In Csulik, the Supreme Court of Ohio found that language in an insurance policy providing that it would pay compensatory damages including derivative claims "due by law" was ambiguous as to which state law applied. Csulik, at 20. Thus, the Supreme Court of Ohio analyzed the various choice of law provisions in the insurance policy, construed them against the insurer due to the ambiguity, and concluded that the law of the state of the accident applied. Id. However, the holding in Csulik is limited to the unique provisions of the Nationwide policy at issue in the case, a policy which included conflicting choice of law provisions, and does not apply to a policy that does not contain a choice of law provision. Jordan v. State Farm Mut. Auto. Ins. Co. (Mar. 23, 2000), Columbiana App. No. 98-CO-62, unreported; see, also, Csulik, at 20-21 (concurring opinion of Justice Douglas indicating that the general principle that the law, where the contract was made, prevails except where the parties specifically alter that principle in the terms of the insurance policy). Thus, Csulik is clearly distinguishable in that the policy issued by appellee does not contain a choice of law provision. Moreover, as appellee asserts, appellants have waived any arguments as to the ambiguity of the language in the policy by not raising this argument before the trial court. Stewart v. State Auto.Mut. Ins. Co. (Oct. 7, 1999), Franklin App. No. 98AP-1601, unreported.
Thus, we conclude that the trial court did not err in finding that Ohio contract law applied to determine appellee's liability under the policy. Consequently, appellants' first assignment of error is overruled.
In appellants' second assignment of error, they argue that R.C.
In the complaint, appellants alleged that R.C.
In Beagle v. Walden (1997),
Therefore, the trial court did not err by concluding that R.C.
Based upon the foregoing reasons, appellants' two assignments of error are overruled, and the decision of the Franklin County Court of Common Pleas granting appellee's motion for summary judgment is affirmed.
PETREE and LAZARUS, JJ., concur.