Thank You For Submiting Feedback!
Court of Appeals of Ohio, Tenth Appellate District, Franklin County
May 22, 2007, Rendered
[*P1] This is an appeal by defendant-appellant, third-party plaintiff, Richard Cly, from a judgment of the Franklin County Municipal Court, granting summary judgment in favor of third-party defendant-appellee, Safe Auto Insurance Company ("Safe Auto").
[*P2] In December 2003, Safe Auto issued an auto insurance policy to appellant. On February 6, 2004, appellant was involved in a collision with an automobile driven by Marcia Smith. Smith's vehicle was insured by Westfield National Insurance Company ("Westfield"). It is undisputed that appellant did not have a valid driver's license at the time of the accident.
[*P3] On October 15, 2004, Westfield, as the subrogee of Smith, filed a complaint against appellant, alleging he had negligently operated his vehicle, causing damage to Westfield's insured's motor vehicle. On November 7, 2005, appellant [**2] filed a third-party complaint against Safe Auto. On December 20, 2005, appellant filed a complaint for declaratory judgment against Safe Auto, alleging that Safe Auto had a duty to defend "regardless of the liability of the insurer to the insured under the terms of the policy."
[*P4] On February 10, 2006, Safe Auto filed a motion for leave to file a motion for summary judgment, which the trial court granted. Attached to Safe Auto's motion for summary judgment was a certified copy of appellant's driving record as maintained by the Ohio Bureau of Motor Vehicles. On February 27, 2006, appellant filed a motion in opposition to Safe Auto's motion for summary judgment.
[*P5] On May 11, 2006, Westfield filed a notice of voluntary dismissal of its complaint, having reached a settlement with appellant. By entry filed June 16, 2006, the trial court granted Safe Auto's motion for summary judgment against appellant.
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
2007-Ohio-2469 *; 2007 Ohio App. LEXIS 2282 **
Westfield National Insurance Company, Plaintiff-Appellee, Richard Cly, Defendant-Appellant, Third-Party Plaintiff, v. Safe Auto Insurance Company, Third-Party Defendant-Appellee.
Prior History: [**1] APPEAL from the Franklin County Municipal Court. (M.C. No. 2004 CVE 42724).
Disposition: Judgment affirmed.
insured, coverage, summary judgment, duty to defend, valid driver's license, no duty, third-party
Civil Procedure, Summary Judgment, Entitlement as Matter of Law, General Overview, Appeals, Summary Judgment Review, Standards of Review, Pleading & Practice, Pleadings, Insurance Law, Motor Vehicle Insurance, Obligations, Duty to Defend, Trials, Jury Trials, Province of Court & Jury, Policy Interpretation, Ambiguous Terms, Construction Against Insurers, Claim, Contract & Practice Issues, Exclusions, Ordinary & Usual Meanings, Indemnification