Court of Appeals of Ohio, Eighth District, Cuyahoga
Appeal from the Cuyahoga County Court of Common Pleas Case
ATTORNEY FOR APPELLANTS Craig S. Cobb Law Offices of Craig S.
ATTORNEY FOR APPELLEE Dean Nieding Richard C. Alkire Alkire
& Nieding, L.L.C.
& M Floors James E. Featherstone Law Office of Gary L.
Farm Mutual Automobile Insurance Co. Sean M. Kenneally
Terrence J. Kenneally Terrence J. Kenneally & Associates
BEFORE: Blackmon, J., Keough, A.J., and Boyle, J.
JOURNAL ENTRY AND OPINION
PATRICIA ANN BLACKMON, JUDGE
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
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
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.
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. Sue eventually settled with
Grange and State Farm for policy limits.
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 ...