Background

• Sandra K. King, executor of Barry L. King, appeals after the trial court granted summary judgment in favor Hamilton Mutual Insurance Co. on UIM coverage.
• Barry, who died from injuries after a motorcycle crash caused by Wachauf, owned the motorcycle involved in the accident.
• At the time of the crash, Barry and Sandra were named insureds on Hamilton’s auto policy that includes underinsured motorist coverage.
• Barry also held a separate motorcycle policy with Progressive; the motorcycle was not covered under Hamilton’s auto policy.
• Hamilton moved for summary judgment arguing the policy’s other-owned auto exclusion bars UIM coverage for Barry’s injury and for related claims by Sandra; the trial court granted the motion.
• Sandra appeals arguing the other-owned auto exclusion is ambiguous and should extend UIM coverage to her wrongful-death and loss-of-consortium claims.

Issues

Key Cases Cited

• Bailey v. Progressive Ins. Co., 2004-Ohio-4853 (6th Dist. 2004) (other-owned auto exclusion forecloses UM/UIM where motorcycle not covered)
• Siciliano v. Natl. Mut. Ins. Co., 2007-Ohio-6508 (5th Dist. 2007) (UM/UIM and other-owned exclusion upheld)
• Tuohy v. Taylor, 2007-Ohio-3597 (3d Dist. 2007) (other-owned exclusion clearly limits coverage to vehicles specifically covered)
• Lager v. Miller-Gonzalez, 2008-Ohio-4838 (Ohio Supreme Court 2008) (emphasizes limiting coverage to vehicles identified in policy)
• Kotlarczyk v. State Farm Mut. Auto. Ins. Co., 2004-Ohio-3447 (6th Dist. 2004) (dissenting view cited on interpretive approach to other-owned exclusions)