Latimore v. Hartford Life & Acc. Ins. Co.
2012 Ohio 447
Ohio Ct. App.2012Background
- Latimore was hospitalized for a collapsed lung in December 2009 and died in January 2010.
- She held a group Hospital Accident Insurance Policy with Hartford Life and Accident Insurance Company as underwriter; Latimore was the named insured and sole beneficiary.
- Latimore’s daughter, Juliet Latimore, with power of attorney, filed a claim on March 30, 2010 for benefits during Latimore’s hospitalization, which Hartford denied.
- On October 14, 2010, Juliet, pro se, filed suit against Hartford for denial of benefits and against Alliance Community Hospital and Dr. White for medical negligence; Civ.R. 10(D)(2) affidavit was not filed.
- Alliance and Dr. White moved for judgment on the pleadings; the trial court dismissed those claims with prejudice on February 23, 2011; extension of time to file the affidavit was denied.
- Hartford moved for summary judgment arguing lack of standing and that Latimore’s daughter had no authority to sue; the trial court granted summary judgment on September 30, 2011.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether dismissal of Alliance/Dr. White claims was proper | Latimore was not properly served that dismissal should be without prejudice | Civ.R. 10(D)(2) affidavit failure justifies dismissal with prejudice | Dismissal without prejudice warranted; reversal in part to remove prejudice |
| Whether Latimore had standing to sue Hartford as real party in interest | Power of attorney authorized Latimore to sue on Latimore’s behalf | Latimore’s authority lapsed upon Latimore’s death; not the real party in interest | Latimore lacked standing; no authority as real party in interest |
| Whether the trial court properly granted Hartford summary judgment | Disputes genuine issues of material fact; standing issue unresolved | Plaintiff lacked standing and rights to sue; policy terms bar claim | Summary judgment affirmed on standing grounds |
Key Cases Cited
- Fletcher v. Univ. Hosp. of Cleveland, 120 Ohio St.3d 167 (2008) (affidavit requirements; dismissal without prejudice when improper)
- Greeley v. Miami Valley Maintenance Contrs., Inc., 49 Ohio St.3d 228 (1990) (de novo review standard on Civ.R. 12(B)(6) motions)
- Byrd v. Faber, 57 Ohio St.3d 56 (1991) (standards for appellate review of summary judgments)
- Smiddy v. The Wedding Party, Inc., 30 Ohio St.3d 35 (1987) (standard for reviewing summary judgments)
- State ex rel. Zimmerman v. Tompkins, 75 Ohio St.3d 447 (1996) (Civ.R. 56 governing summary judgment)
- Temple v. Wean United, Inc., 50 Ohio St.2d 317 (1977) (summary judgment standards; burden to show no genuine issues)