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Grange Insurance Company v. Nicole Case Stubbs

November 1, 2011

GRANGE INSURANCE COMPANY, PLAINTIFF-APPELLEE,
v.
NICOLE CASE STUBBS,
DEFENDANT-APPELLEE, AND AMY STUBBS & ALEXANDER STUBBS, DEFENDANTS-APPELLANTS.



APPEAL from the Franklin County Court of Common Pleas. (C.P.C. No. 06CVH11-14432)

The opinion of the court was delivered by: Sadler, J.

Cite as

Grange Ins. Co. v. Stubbs ,

(ACCELERATED CALENDAR)

DECISION

{¶1} Appellants, Amy and Alexander Stubbs, appeal from a judgment of the Franklin County Court of Common Pleas denying their motion for summary judgment and granting summary judgment in favor of appellee, Grange Insurance Company ("Grange"). For the following reasons, we affirm.

{¶2} Amy Stubbs is Alexander's biological mother. At all relevant times hereto, Alexander, age six, resided with his biological father, Jody Stubbs, pursuant to a shared parenting agreement at 6691 Johnson Road in Galloway, Ohio. Jody's new wife, Nicole Case Stubbs, also resided at the Johnson Road address with her and Jody's son, Zachary, Jody's other son, David, and Nicole's two children from a previous marriage, Kaitlynn and Joseph. The Johnson Road address was insured through a homeowner's policy issued by American Family Insurance ("American Family"). The policy listed Jody as the only named insured.

{¶3} On October 11, 2004, Alexander fell from the back of a riding lawnmower being operated by Nicole on the Johnson Road property. Alexander sustained multiple injuries to his lower extremities as a result of the fall.

{¶4} At the time of the incident, Nicole owned a property located at 8705 Fairbrook Avenue, also in Galloway, Ohio, which she used as a rental property and had not resided in since the end of 2003. The Fairbrook Avenue property was insured through a homeowner's policy issued by Grange. The policy listed Nicole as the named insured and provided her with personal liability coverage in the event she became legally obligated to pay damages because of bodily injury or property damage. Specifically, the policy stated:

We will pay all sums, up to [its] limits of liability, arising out of any one loss for which an insured person becomes legally obligated to pay as damages because of bodily injury or property damage, caused by an occurrence covered by this policy.

If a claim is made or suit is brought against the insured person for liability under this coverage, we will defend the insured person at our expense, using lawyers of our choice. We are not obligated to pay any claim or judgment or to defend after we have paid an amount equal to the limit of our liability. We may investigate or settle any claim or suit as we think appropriate.

(Grange Policy, 9; emphasis sic.)

{ΒΆ5} The policy excluded coverage for personal injuries suffered for certain residents of Nicole's household, ...


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