Parker v. Allstate Property & Cas. Ins. Co.
2012 Ohio 6278
Ohio Ct. App.2012Background
- Parkers sued Allstate P&C for UIM benefits and bad faith after an accident involving Dillon, insured by Allstate Indemnity.
- Parkers had UIM limits of $100,000 per person/$300,000 per accident; Dillon had $12,500 per person/$25,000 per occurrence liability limits.
- Parkers exhausted Allstate Indemnity settlement with the tortfeasor and then pursued UIM with Allstate P&C; UIM claim filed June 5, 2008 and suit filed February 13, 2009.
- Policy contains exhaustion and three-year statute of limitations for UIM claims; Parkers argued tolling applied differently after settlement.
- Trial court granted partial summary judgment May 12, 2011 denying UIM claim based on three-year limit; bad faith claim remained pending.
- December 20, 2011, the court sua sponte vacated the May 12, 2011 judgment, prompting this appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| May the trial court reconsider a final Civ.R. 54(B) judgment? | Parker: reconsideration permitted under Civ.R. 60(B). | Allstate: final Civ.R. 54(B) order cannot be reconsidered; motion is nullity. | Trial court cannot entertain reconsideration of a final Civ.R. 54(B) judgment. |
| Was the trial court's sua sponte vacatur of the May 12, 2011 judgment proper under Civ.R. 60(B)? | Parkers contend court could vacate only for clerical error or void ab initio. | Allstate: court could vacate to correct error or via Civ.R. 60(B) as contemplated. | Sua sponte vacatur of a final judgment under Civ.R. 60(B) was improper. |
Key Cases Cited
- Pitts v. Dept. of Transp., 67 Ohio St.2d 378 (Ohio 1981) (motion to vacate not a substitute for timely appeal)
- Chef Italiano Corp. v. Kent State Univ., 44 Ohio St.3d 86 (Ohio 1989) (final order; Civ.R. 54(B) considerations for appeal)
- State ex rel. Scruggs v. Sadler, 97 Ohio St.3d 78 (Ohio 2002) (final order requirements under RC 2505.02 and Civ.R. 54(B))
- Doe v. Trumbull County Children Services Bd., 28 Ohio St.3d 128 (Ohio 1986) (Civ.R. 60(B) relief requires motion by party)