196 Ohio App. 3d 759
Ohio Ct. App.2011Background
- Sullivan appeals a Franklin County Court of Common Pleas summary judgment for State Farm on UM/UIM coverage.
- In 2008 Sullivan, driving a vehicle of her employer, collided with Richard Williams who was at fault.
- Williams had $12,500 liability coverage with State Farm; Sullivan settled with Williams for policy limits but damages remained.
- Sullivan sought UM/UIM benefits under State Farm’s policy, which provides $100,000 per accident but contains a regular-use exclusion.
- The exclusion bars UM/UIM for damages when the insured is in a vehicle not insured under the policy if that vehicle is available for the insured’s regular use by the insured or related.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the regular-use exclusion bars UM/UIM coverage here | Sullivan argues material facts remain about regular use and that genuine issues exist for trial. | State Farm contends the employer-provided car was regularly used by Sullivan, triggering the exclusion. | Regular use affirmed; no UM/UIM coverage. |
Key Cases Cited
- Ohio Cas. Ins. Co. v. Travelers Indem. Co., 42 Ohio St.2d 94 (1975) (regular-use exclusion protects against premium-free use of nonowned vehicles)
- Sanderson v. Ohio Edison Co., 69 Ohio St.3d 582 (1994) (regular use defined as frequent, steady, constant, or systematic use)
- Kenney v. Employers’ Liab. Assur. Corp., 5 Ohio St.2d 131 (1966) (employer-furnished vehicles can be excluded under regular-use provisions)