Miller v. Motorist Mutual Insurance
965 N.E.2d 369
Ohio Ct. App.2011Background
- Masterson, insured by MMIC, caused a July 12, 2008 collision sequence on State Route 5 injuring six people including Miller and Davis.
- Perrine’s motorcycle was struck first; Reese’s vehicle then hit Perrine and slid, injuring the same group.
- 0.3 seconds after Perrine’s collision, Masterson hit Davis’s motorcycle, injuring Davis and Miller.
- MMIC policy provides $100,000 per person and $300,000 per accident; the parties dispute whether the incidents constitute one or two accidents.
- A covenant not to execute provided for a $300,000 per-accident payment with potential extra $100,000 to Miller and Davis if two accidents are found.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the incidents constitute one or two accidents under MMIC. | Miller—two accidents; more favorable limits for Miller and Davis. | MMIC—one accident under policy language. | Two accidents. |
| Whether MMIC’s ambiguity in defining 'accident' requires construal in the insured’s favor. | Ambiguity should be resolved for Miller and Davis. | Policy language unambiguous after considering causation; one accident. | Ambiguity found; interpret in favor of Miller and Davis. |
| Whether the court should apply Banner/Derby causation approach or reject it due to missing standard definition in MMIC policy. | Banner/Derby controls due to lack of standard definition. | Godwin-based approach should apply; causation view rejected. | Court rejects causation-only approach; favors two-accident interpretation. |
Key Cases Cited
- Banner v. Raisin Valley, Inc., 31 F. Supp. 2d 591 (N.D. Ohio 1998) (one accident analysis based on policy definition in Banner)
- Dresher v. Burt, 75 Ohio St.3d 280 (Ohio 1996) (summary judgment burden on movant; strict standards)
- Godwin v. Nationwide Mut. Ins. Co., - (-) (interpreting 'accident' under policy; ambiguity addressed)
- OS I Sealants, Inc. v. Wausau Underwriters Ins. Co., 11th Dist. No. 2003-L-181, 2005-Ohio-2528 (-) (ambiguity in insurance contracts construed in insured's favor)