Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Lowe v. Farmers Insurance of Columbus, Inc.

Court of Appeals of Ohio, Eighth District, Cuyahoga

November 2, 2017

SUE LOWE PLAINTIFF-APPELLEE
v.
FARMERS INSURANCE OF COLUMBUS, INC., ET AL. DEFENDANTS-APPELLANTS

         Civil Appeal from the Cuyahoga County Court of Common Pleas Case No. CV-16-859307

          ATTORNEY FOR APPELLANTS Craig S. Cobb Law Offices of Craig S. Cobb

          ATTORNEY FOR APPELLEE Dean Nieding Richard C. Alkire Alkire & Nieding, L.L.C.

          A & M Floors James E. Featherstone Law Office of Gary L. Grubler, Esq.

          State Farm Mutual Automobile Insurance Co. Sean M. Kenneally Terrence J. Kenneally Terrence J. Kenneally & Associates Company

          BEFORE: Blackmon, J., Keough, A.J., and Boyle, J.

          JOURNAL ENTRY AND OPINION

          PATRICIA ANN BLACKMON, JUDGE

         {¶1} Farmers Insurance of Columbus, Inc. ("Farmers") appeals the trial court's denying its motion for summary judgment and granting Sue Lowe's ("Sue") motion for summary judgment and declaratory judgment in this personal injury case involving the scope of uninsured/underinsured motorists ("UIM") coverage. Farmers assigns the following error for our review:

I. Whether the trial court erred in denying Farmers Insurance of Columbus, Inc.'s motion for summary judgment and granting summary judgment in plaintiff's favor after determining that she qualified for UIM coverage under her son's automobile policy when the undisputed evidence showed that he was temporarily living in her home when she was injured.

         {¶2} Having reviewed the record and pertinent law, we affirm the trial court's denying Farmers' motion for summary judgment and reverse the court's granting summary and declaratory judgment in favor of Sue. The apposite facts follow.

         {¶3} On June 14, 2015, William Lowe ("William"), his wife Heather, and their two children moved into William's mother Sue's house located at 1591 St. Charles Avenue in Lakewood, while William and his family awaited construction of their new home. According to Sue, she told William that he and his family could live with her while their new house was being built. On July 23, 2015, Sue was hit by a car while she was walking across Warren Road in Lakewood. Sue sustained injuries resulting in medical bills over $250, 000.

         {¶4} In February 2016, Sue filed a complaint alleging negligence against Grange Indemnity Insurance Company, who insures the tortfeasor; UIM coverage against State Farm Mutual Automobile Insurance Company, who insures Sue; and UIM coverage against Farmers, who insures William.[1] Sue eventually settled with Grange and State Farm for policy limits.

         {¶5} On February 2, 2017, the court denied Farmers' motion for summary judgment and granted Sue's motion for summary judgment and declaratory judgment, concluding as follows:

William Lowe is Farmers' named insured. Plaintiff Sue Lowe is his mother. There is no genuine issue of material fact, on the evidentiary record in this case, about where William Lowe's household was as of July 23, 2015: 1591 St. Charles, Lakewood. That address was also Sue Lowe's household, thus Sue Lowe is covered under William ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.