Ezawa v. Yasuda Fire & Marine Ins. Co. of Am., No. 98-1686.
| Court | United States State Supreme Court of Ohio |
| Writing for the Court | LUNDBERG STRATTON, J., dissenting. |
| Citation | 715 NE 2d 1142,86 Ohio St.3d 557 |
| Docket Number | No. 98-1686. |
| Decision Date | 22 September 1999 |
| Parties | EZAWA, A MINOR, ET AL., APPELLANTS, v. YASUDA FIRE & MARINE INSURANCE COMPANY OF AMERICA, APPELLEE. |
86 Ohio St.3d 557
715 NE 2d 1142
v.
YASUDA FIRE & MARINE INSURANCE COMPANY OF AMERICA, APPELLEE
No. 98-1686.
Supreme Court of Ohio.
Submitted June 22, 1999.
Decided September 22, 1999.
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
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Westfield Ins. Co. v. Galatis, No. 2002-0932.
...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......
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American Economy Ins. Co. v. Bogdahn, No. 99,392.
...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. --------...
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Johnston v. Johnston, No. 00 CV 001494.
...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......
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Turek v. Vaughn, No. 13-03-20.
...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 ......
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Westfield Ins. Co. v. Galatis, No. 2002-0932.
...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......
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American Economy Ins. Co. v. Bogdahn, No. 99,392.
...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. --------...
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Johnston v. Johnston, No. 00 CV 001494.
...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......
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Turek v. Vaughn, No. 13-03-20.
...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 ......