Cleary v. Nationwide Mut. Ins. Co.

Citations

• 2026 Ohio 571

Syllabus

The trial court erred in granting appellee's motions for summary judgment and denying appellant's partial motion for summary judgment. The auto policy's use of the undefined term \rated driver\ on the declarations page created an ambiguity that must be construed in favor of underinsured motorist coverage for appellant. Additionally, appellee did not submit evidence in support of its claim that it was prejudiced by appellant's lack of cooperation. Judgment reversed; cause remanded.