Lewicki v. Grange Ins. Co.

Citations

• 2023 Ohio 4544

Syllabus

Motion for summary judgment Civ.R. 56 R.C. 2305.09(D) insurance professional negligence statute of limitations discovery rule delayed-damage rule LGR Realty, Inc. v. Frank & London Ins. Agency, 152 Ohio St.3d 517, 2018-Ohio-334, 98 N.E.3d 241 Kunz v. Buckeye Union Ins. Co., 1 Ohio St.3d 79, 437 N.E.2d 1194 (1982) App.R. 12(A)(2) App.R. 16(A)(7) vicarious liability respondeat superior. Judgment affirmed. No genuine issues of material fact remain as to appellant's negligence, fraud, breach-of-implied-contract, detrimental-reliance, and breach-of-fiduciary-duty claims against the insurance agent negligence, breach-of-implied-contract, and detrimental-reliance claims against the insurance agency and vicarious-liability/respondeat-superior, breach-of-implied-contract, and detrimental-reliance claims against the insurance company. Appellant's claims against the insurance agent and agency are time-barred pursuant to the statute of limitations set forth in R.C. 2305.09(D). Because summary judgment was properly granted on the underlying claims challenged on appeal against the insurance agent and agency, the insurance company cannot be vicariously liable for any of those claims under the doctrine of respondeat superior. For that same reason, appellant's argument that the insurance company is responsible for his alleged determinantal reliance on the insurance agent's alleged negligent advice also fails. Finally, appellant failed to cite any legal authority or develop his argument that the insurance company is bound by an implied contract under the circumstances of this case.