Hollman v. Permanent Gen. Assur. Corp.

Citations

• 2019 Ohio 5077

Syllabus

INSURANCE : In an action brought by an injured plaintiff against a tortfeasor's auto-insurance company under R.C. 3929.06, the trial court erred in granting summary judgment in favor of the insurer, because a genuine issue of material fact existed as to whether the vehicle that the tortfeasor had been driving at the time of the crash had been furnished for the tortfeasor's regular use, so that policy's regular-use exclusion applied: the vehicle belonged to the tortfeasor's girlfriend, and although the girlfriend had told an insurance representative shortly after the crash that she and her boyfriend lived together and that they shared the car, she testified at her deposition that her boyfriend could only use the vehicle with her permission, and that once or twice per week, her boyfriend would use the vehicle to drop her off at work, and that her boyfriend only occasionally drove the vehicle to his work. In an action brought by an injured plaintiff under R.C. 3929.06, the trial court properly granted summary judgment in favor of an insurer of an automobile involved in the car crash that injured plaintiff: the policy contained a restricted policy endorsement, and the driver of the vehicle was not a named insured under the policy therefore, the insurer had no obligation to provide liability coverage for the crash.