FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF
SUMMIT, OHIO CASE No. CV 2015-07-3479
LAWRENCE J. SCANLON, Attorney at Law, for Appellant.
C. PERDUK, Attorneyat Law, for Appellant.
L. SCHOENBERGER and SUSAN S. R. PETRO, Attorneys at Law, for
DECISION AND JOURNAL ENTRY
JENNIFER HENSAL JUDGE.
Ran Gurung and Dianne Badea appeal an order of the Summit
County Court of Common Pleas that granted summary judgment to
Founders Insurance Company on its declaratory judgment action
and denied Mr. Gurung's motion for summary judgment. For
the following reasons, this Court affirms.
The facts of this case are not in dispute. On August 16,
2014, Mr. Gurung was driving a car when he collided with a
bus, injuring Ms. Badea, a passenger on the bus. At the time
of the collision, Mr. Gurung had a temporary driver's
permit, which required him to be accompanied by a licensed
operator. Although there were two other people in the car
with Mr. Gurung, neither had a valid driver's license.
At the time of the collision, Mr. Gurung had an insurance
policy with Founders. Following the collision, Founders filed
a complaint against Mr. Gurung and Ms. Badea, seeking a
declaration that Mr. Gurung's policy did not provide any
liability coverage for the collision and that it was not
required to defend or indemnify Mr. Gurung in a lawsuit filed
by Ms. Badea. Specifically, it alleged that the policy did
not apply because Mr. Gurung was operating the car in
violation of a condition of his driving privileges. Mr.
Gurung counterclaimed, alleging multiple causes of action.
Founders and Mr. Gurung filed cross-motions for summary
judgment. The trial court granted Founders' motion and
denied Mr. Gurung's motion, concluding that the contract
was not ambiguous and that the "driving privileges"
exception applied because Mr. Gurung was not driving "in
accordance with the terms and conditions of licensure for a
temporary permit." Mr. Gurung and Ms. Badea have
appealed, each assigning two errors. Because their arguments
are identical, we will address them together.
OF ERROR I
TRIAL COURT ERRED IN GRANTING FOUNDERS INSURANCE
COMPANY'S MOTION FOR SUMMARY JUDGMENT.
Mr. Gurung and Ms. Badea argue that the trial court
incorrectly granted Founders' motion for summary
judgment. Under Civil Rule 56(C), summary judgment is
(1) [n]o genuine issue as to any material fact remains to be
litigated; (2) the moving party is entitled to judgment as a
matter of law; and (3) it appears from the evidence that
reasonable minds can come to but one conclusion, and viewing
such evidence most strongly in favor of the party against
whom the ...