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Amore v. Grange Insurance Co.

Court of Appeals of Ohio, Fifth District

June 17, 2003

DARLENE AMORE, ET AL. Plaintiffs-Appellees
v.
GRANGE INSURANCE CO., ET AL. Defendants-Appellees and TOKIO MARINE & FIRE INSURANCE COMPANY, LTD. Defendant-Appellant

Appeal from the Court of Common Pleas, Case No. 00-441D

For Plaintiffs-Appellees JOHN K. RINEHARDT

For Tokio Marine & Fire Insurance Co., Ltd. DAVID J. DEMERS

For Grange Mutual Casualty Company H. FRANK MCDANIEL, JR. KATHRYN M. BEALL.

For Continental Insurance Company IRENE C. KEYSE-WALKER ROBERT J. HANNA BENJAMIN C. SASSÉ

Hon. W. Scott Gwin, P.J. Hon. Sheila G. Farmer, J. Hon. Julie A. Edwards, J.

OPINION

Farmer, J.

{¶1} On June 6, 1998, Darlene Amore was a passenger in her own van being driven by her husband, Thomas Amore, when it was rear-ended by Elizabeth Brennan. As a result of the accident, Mrs. Amore sustained injuries and lost wages.

{¶2} At the time of the accident, Mrs. Amore was employed by The Thomson Corporation, insured under a business auto policy issued by Continental Insurance Company. Mr. Amore was employed by FujiFilm America, Inc., insured under a business auto policy issued by Tokio Marine and Fire Insurance Company, Ltd. Both Mr. and Mrs. Amore were insured under a personal insurance policy issued by Grange Mutual Casualty Company.

{¶3} On June 5, 2000, appellees, Mr. and Mrs. Amore, filed a complaint against Grange and Continental, seeking underinsured motorists benefits. On February 9, 2001, appellees filed an amended complaint, adding Tokio as a party defendant. Grange filed cross-claims against Continental and Tokio for contribution on a pro-rata basis.

{¶4} All the insurance companies filed motions for summary judgment. By judgment entry pending summary judgment motions filed May 1, 2002, the trial court denied the motions, finding appellees were entitled to underinsured motorists benefits under all three policies, with Grange's coverage being primary and the remaining policies being excess.

{¶5} On July 24, 2002, the parties filed a joint stipulation, stating Grange paid its policy limits, the remaining damages were $200, 000 and any prejudgment interest claims had yet to be decided.

{¶6} By judgment entry on plaintiffs motion for judgment and prejudgment interest filed September 20, 2002, the trial court resolved the remaining issues in the case.

{¶7} Tokio filed a notice of appeal (Case No. 02CA75) and this matter is now before this court for consideration. Assignment ...


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