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Commercial General
Liability |
Definition Of Mobile
Equipment |
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Uninsured/Underinsured
Motorists (UM/UIM) Coverage |
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Tony Weissman had a policy
on his car issued by Nationwide Mutual Insurance Company (Nationwide) at the
time he was seriously injured in an auto accident involving Frances Bowling. He
also had a business insurance policy issued by Nationwide. All the claims filed
as a result of the accident were settled except the claim filed by Weissman
against Nationwide under the business insurance policy. Weissman received the
limits under his automobile liability policy from Nationwide and then filed a
claim under his business insurance policy.
The business policy had been
issued to "Tony Weissman dba Abernathy's Lift Line," a ski shop owned
by Tony Weissman and members of his family.
Weissman argued that the
statute required Nationwide to provide UM/UIM coverage with the business
insurance policy. The trial court disagreed. It decided that the business
insurance policy was not an automobile liability policy and determined that its
definition of "mobile equipment" covered only vehicles used on or
adjacent to the insured premises. In this case, the accident occurred away from
those premises, and the policy specifically excluded automobiles and did not
cover non-owned or hired vehicles.
On appeal, the court ruled
that the business liability policy could not be construed as an automobile
liability policy and the insurance company was not required by statute to
provide UM/UIM coverage when the policy was issued.
The summary judgment entered
in the trial court in favor of Nationwide was affirmed.
Bowling et al. v. St. Paul
Fire & Marine Insurance Company; Weissman, Appellant; Nationwide Mutual
Insurance Company, Appellee-No. C-020089-Court of Appeals of Ohio, First
District, Hamilton County-September 20, 2002-776 North Eastern Reporter 2d 1175