Ezawa v. Yasuda Fire & Marine Ins. Co. of Am., No. 98-1686.

CourtUnited States State Supreme Court of Ohio
Writing for the CourtLUNDBERG STRATTON, J., dissenting.
Citation715 NE 2d 1142,86 Ohio St.3d 557
Docket NumberNo. 98-1686.
Decision Date22 September 1999
PartiesEZAWA, A MINOR, ET AL., APPELLANTS, v. YASUDA FIRE & MARINE INSURANCE COMPANY OF AMERICA, APPELLEE.

86 Ohio St.3d 557
715 NE 2d 1142

EZAWA, A MINOR, ET AL., APPELLANTS,
v.
YASUDA FIRE & MARINE INSURANCE COMPANY OF AMERICA, APPELLEE

No. 98-1686.

Supreme Court of Ohio.

Submitted June 22, 1999.

Decided September 22, 1999.


86 Ohio St.3d 558
Schottenstein, Zox & Dunn, Kris M. Dawley and Edwin L. Skeens, for appellants

Ulmer & Berrie, L.L.P., Alexander M. Andrews and Margaret C. Bettendorf, for appellee.

The discretionary appeal is allowed.

The judgment of the court of appeals is reversed on the authority of Scott-Pontzer v. Liberty Mut. Fire Ins. Co. (1999), 85 Ohio St.3d 660, 710 N.E.2d 1116.

MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER and COOK, JJ., concur.

LUNDBERG STRATTON, J., dissents.

LUNDBERG STRATTON, J., dissenting.

I respectfully dissent for the reasons set forth in my dissenting opinion in Scott-Pontzer v. Liberty Mut. Fire Ins. Co. (1999), 85 Ohio St.3d 660, 667, 710 N.E.2d 1116, 1121.

Koichiro Ezawa, a minor, was injured in an accident while a passenger in an automobile driven by Diedre Soler. Ezawa's damages exceeded the $250,000 per person limit of Soler's liability insurance policy. At the time of the accident, Ezawa's father, Fumiko Ezawa, was employed by Tomasco Mulciber, Inc. ("Tomasco"). Tomasco had a business automobile insurance policy issued by appellee Yasuda Fire & Marine Insurance Company of America ("Yasuda"). Although Ezawa was injured by a third party who was not a Tomasco employee and was not in a vehicle covered by Tomasco's insurance policy, Ezawa and his father, nevertheless, made an underinsured motorists ("UIM") claim against the Yasuda policy issued to Fumiko Ezawa's employer.

The trial court granted Yasuda's motion for judgment on the pleadings because, based on the unambiguous language in the Yasuda policy, Koichiro was not an "insured" as that term is defined in the policy. The court of appeals affirmed.

The Yasuda policy was issued to a corporation. According to the language of the policy, UIM coverage extends to family members of the insured only if the named insured is an individual. Here, it is not. Yet the majority applies its convoluted reasoning in Scott-Pontzer to once again extend the reach of UIM coverage. Now a corporate policy must afford UIM coverage to an employee's

86 Ohio St.3d 559
minor son who was injured by a non-employee while riding in a non-covered vehicle and whose injuries had nothing to do with the corporation's business

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184 practice notes
  • Westfield Ins. Co. v. Galatis, No. 2002-0932.
    • United States
    • United States State Supreme Court of Ohio
    • November 5, 2003
    ...employment, unless otherwise specifically agreed. It also requires overruling Ezawa v. Yasuda Fire & Marine Ins. Co. of Am. (1999), 86 Ohio St.3d 557, 715 N.E.2d 100 Ohio St.3d 218 I {¶ 3} Jason Galatis died on September 24, 1994, as a passenger in a vehicle negligently operated by Shawn Bu......
  • American Economy Ins. Co. v. Bogdahn, No. 99,392.
    • United States
    • Supreme Court of Oklahoma
    • February 10, 2004
    ...Progressive Cas. Ins. Co. v. Hurley, 166 N.J. 260, 765 A.2d 195, 203-05 (2001); Ezawa v. Yasuda Fire & Marine Ins. Co. Of America, 86 Ohio St.3d 557, 715 N.E.2d 1142 26. Uptegraft v. Home Ins. Co., 1983 OK 41, ¶ 6, 662 P.2d 681, 683-684. --------...
  • Johnston v. Johnston, No. 00 CV 001494.
    • United States
    • Court of Common Pleas of Ohio
    • October 25, 2001
    ...v. Liberty Mut. Fire Ins. Co. (1999), 85 Ohio St.3d 660, 710 N.E.2d 1116. 56. Ezawa v. Yasuda Fire & Marine Ins. Co. of Am. (1999), 86 Ohio St.3d 557, 715 N.E.2d 57. State Farm Auto. Ins. Co. v. Alexander (1992), 62 Ohio St.3d 397, 583 N.E.2d 309. 58. Martin v. Midwestern Group Ins. Co. (19......
  • Turek v. Vaughn, No. 13-03-20.
    • United States
    • United States Court of Appeals (Ohio)
    • August 25, 2003
    ...v. Liberty Mut. Fire Ins. Co. (1999), 85 Ohio St.3d 660, 710 N.E.2d 1116. 13 Ezawa v. Yasuda Fire & Marine Ins. Co. of Am. (1999), 86 Ohio St.3d 557, 715 N.E.2d 14 Scott-Pontzer, 85 Ohio St.3d at 665, 710 N.E.2d 1116. 15 Id. at 663, 710 N.E.2d 1116. 16 Id. at 664, 710N.E.2d 1116. 17 Id. at ......
  • Request a trial to view additional results
184 cases
  • Westfield Ins. Co. v. Galatis, No. 2002-0932.
    • United States
    • United States State Supreme Court of Ohio
    • November 5, 2003
    ...employment, unless otherwise specifically agreed. It also requires overruling Ezawa v. Yasuda Fire & Marine Ins. Co. of Am. (1999), 86 Ohio St.3d 557, 715 N.E.2d 100 Ohio St.3d 218 I {¶ 3} Jason Galatis died on September 24, 1994, as a passenger in a vehicle negligently operated by Shawn Bu......
  • American Economy Ins. Co. v. Bogdahn, No. 99,392.
    • United States
    • Supreme Court of Oklahoma
    • February 10, 2004
    ...Progressive Cas. Ins. Co. v. Hurley, 166 N.J. 260, 765 A.2d 195, 203-05 (2001); Ezawa v. Yasuda Fire & Marine Ins. Co. Of America, 86 Ohio St.3d 557, 715 N.E.2d 1142 26. Uptegraft v. Home Ins. Co., 1983 OK 41, ¶ 6, 662 P.2d 681, 683-684. --------...
  • Johnston v. Johnston, No. 00 CV 001494.
    • United States
    • Court of Common Pleas of Ohio
    • October 25, 2001
    ...v. Liberty Mut. Fire Ins. Co. (1999), 85 Ohio St.3d 660, 710 N.E.2d 1116. 56. Ezawa v. Yasuda Fire & Marine Ins. Co. of Am. (1999), 86 Ohio St.3d 557, 715 N.E.2d 57. State Farm Auto. Ins. Co. v. Alexander (1992), 62 Ohio St.3d 397, 583 N.E.2d 309. 58. Martin v. Midwestern Group Ins. Co. (19......
  • Turek v. Vaughn, No. 13-03-20.
    • United States
    • United States Court of Appeals (Ohio)
    • August 25, 2003
    ...v. Liberty Mut. Fire Ins. Co. (1999), 85 Ohio St.3d 660, 710 N.E.2d 1116. 13 Ezawa v. Yasuda Fire & Marine Ins. Co. of Am. (1999), 86 Ohio St.3d 557, 715 N.E.2d 14 Scott-Pontzer, 85 Ohio St.3d at 665, 710 N.E.2d 1116. 15 Id. at 663, 710 N.E.2d 1116. 16 Id. at 664, 710N.E.2d 1116. 17 Id. at ......
  • Request a trial to view additional results

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