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| October 2011, Volume 58 |
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220_C100
PEDESTRIAN NOT ELIGIBLE FOR UIM COVERAGE FROM SPOUSE'S EMPLOYER'S POLICY
Todd Wolfe, an underinsured motorist,
struck Eddie Wilson with his car. Buckeye Motor Lodge (Buckeye) employed
Wilson's wife, Serena. Buckeye held a commercial auto policy and a commercial
umbrella policy issued by Selective Insurance Company (Selective). Wilson
sought UIM coverage under the Selective policy. The trial court found that
Wilson was entitled to coverage under both policies. Selective appealed, arguing
that Wilson was not an "insured" under either policy. Ohio case law
has allowed an insurance policy to be interpreted to allow coverage for a
family member of an employee of an insured corporation, but only in cases where
the language of the policy is ambiguous. Wilson used this case to support his
argument, but the court found the "Who is An Insured" provision of
the commercial auto policy to be unambiguous. The policy expressly conditioned
coverage on circumstances that could be distinguished from those involved in
this case. Specifically, the insured or another insured must have been
occupying a covered auto. Because Wilson was a pedestrian struck by an
underinsured motorist, the circumstances did not fall within the language of
the policy. In addition, because
coverage under an umbrella policy flows directly from the right to coverage
under an auto policy, Wilson was not insured under the umbrella policy. The court reversed the
judgment of the lower court and held in favor of Selective. Selective Insurance Co. v.
Wilson - No. CT2002-0009 - Court of Appeals of Ohio - July 29, 2003 - 794 North
Eastern Reporter 2d 746 |