573 N.E.2d 1221 | Ohio Ct. App. | 1989
This is an appeal from a declaratory judgment of the Court of Common Pleas of Delaware County, Ohio, that determined that insurance coverage was available to plaintiff-appellee, Arnold Beverly, Administrator of the Estate of Timothy R. Beverly ("administrator"), from defendant-appellant, Mid-American Fire and Casualty Company ("Mid-American"), but not from defendant-appellee, Travelers Insurance Company ("Travelers"). The issue was tried to a jury.
The administrator had sought a declaration that both Mid-American and Travelers provide insurance coverage as to a traffic accident resulting in the death of plaintiff's decedent, his son Timothy Beverly. The administrator alleged coverage by Travelers because of the liability policy issued to the stepfather and mother of the tortfeasor, and as to Mid-American with respect to an underinsured coverage clause in a policy issued to the administrator. The parties stipulated to coverage under the Mid-American policy.
Travelers maintained that no coverage was available under its policy because the tortfeasor was operating a vehicle that was excluded under the policy. That policy provided coverage for the tortfeasor if he was operating a "non-owned car," defined in a Travelers policy as:
"* * * a land motor vehicle with at least four wheels designed to be used mainly on public roads, or a trailer. However, it must not be owned by or furnished or available for the regular use of you or a relative. It does not include a substitute car."
At the time of the accident, the tortfeasor was driving a pickup truck owned by his father. The tortfeasor was a sixteen-year-old boy who lived with his mother and stepfather in the state of Delaware, but who spent the summer months with his father in Ohio. During this summer, his stepfather was hospitalized in Columbus, Ohio, and his mother was staying with a friend who happened to live next door to the father.
Mid-American assigned three errors to the trial court:
Mid-American argues that if the language is ambiguous, then it must be construed against the insurance company and in favor of the insured. Faruque v. Providence Life Acc. Ins. Co. (1987),
The jury found from the evidence presented before it that the vehicle involved in the accident was furnished for the regular use of the tortfeasor during the time in question. The verdict is not contrary to law.
The first assignment of error is overruled.
The second assignment of error is overruled.
The third assignment of error is overruled.
For the foregoing reasons, the judgment of the trial court is affirmed.
Judgment affirmed.
MILLIGAN, P.J., and GWIN, J., concur.