State Farm Mut. Auto. Ins., Co. v. Garcia

Citations

• 249 N.E.3d 737
• 2024 Ohio 2800

Syllabus

Summary judgment Civ.R. 56 declaratory judgment auto insurance policy duty to defend duty to indemnify liability coverage shooting from vehicle interpretation of auto insurance policy definition of insured ownership, maintenance or use instrumentality of harm clearly and indisputably outside policy coverage. Trial court did not err in granting insurer's motion for summary judgment and denying appellant insured's motion for partial summary judgment on complaint seeking a declaratory judgment that insurer owed appellant no duty under auto insurance policy to defend or indemnify appellant against claims asserted against him in wrongful death action that arose from appellant's shooting victim while appellant was in the driver's seat of his vehicle. Claims asserted against appellant in the wrongful death action were clearly and indisputably outside policy coverage. Appellant was an insured under the policy for the ownership, maintenance, or use of his vehicle. The instrumentality that caused the harm was appellant's gun — not his vehicle. Likewise, the conduct that caused the harm was appellant shooting the victim with his gun — not appellant's ownership, maintenance, or use of his vehicle. Based on the plain terms of the policy at issue, the vehicle must be more than the mere situs of the injury-causing event.