Motion No. 4868888
`
`NAILAH K. BYRD
`
`CUYAHOGA COUNTY CLERK OF COURTS
`
`1200 Ontario Street
`
`Cleveland, Ohio 44113
`
`Court of Common Pleas
`
`MOTION FOR...
`
`June 4,2020 16:59
`
`By: PAUL B. RICARD 0088207
`
`Confirmation Nbr. 2008446
`
`CHARLES MITCHELL
`
`CV 19 921216
`
`vs.
`
`ANTHONY L. JONES, ET AL.
`
`Judge: KELLY ANN GALLAGHER
`
`Pages Filed: 35
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`Electronically Filed 06/04/2020 16:59 / MOTION / CV 19 921216 / Confirmation Nbr. 2008446 / BATCH
`
`

`

`IN THE COURT OF COMMON PLEAS
`
`CUYAHOGA COUNTY, OHIO
`
`CASE NO. CV-19-921216
`
`JUDGE KELLY ANN GALLAGHER
`
`) ) ) ) )
`
`) FOUNDERS INSURANCE COMPANY’S
`
`MOTION FOR DECLARATORY
`
`JUDGMENT AGAINST
`
`ANTHONY L. JONES
`
`)
`
`)
`
`) )
`
`CHARLES MITCHELL
`
`Plaintiff,
`
`vs.
`
`ANTHONY L. JONES, et al.
`
`Defendants.
`
`Now comes Intervening Plaintiff Founders Insurance Company (hereinafter “Founders”),
`
`by and through undersigned counsel, and hereby moves this Honorable Court for declaratory
`
`judgment in its favor and against Defendant Anthony L. Jones. In support of its motion,
`
`Founders relies upon and incorporates by reference herein the pleadings filed in the instant
`
`action, and the attached supporting Memorandum of Law and Exhibits.
`
`Respectfully submitted,
`
`Zs/ PooZ/B. Kiccwd'______
`
`Paul B. Ricard (#0088207)
`
`Pelini, Campbell & Williams LLC
`
`Bretten Commons - Suite 400
`
`8040 Cleveland Avenue NW
`
`North Canton, OH 44720
`
`Telephone (330) 305-6400
`
`Facsimile (330) 305-0042
`
`E-Mail: pbricard@pelini-law.com
`
`Counsel for Intervening Plaintiff
`
`Founders Insurance Company
`
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`

`

`MEMORANDUM IN SUPPORT
`
`I. STATEMENT OF FACTS AND STATEMENT OF THE CASE
`
`Founders issued Private Passenger Automobile insurance to Defendant Anthony L. Jones
`
`(hereinafter “Jones”) with an effective policy period of July 12, 2018 through July 12, 2019. See
`
`attached policy ITOH194792 (hereinafter “Policy” attached as Exhibit A). The Policy identified
`
`two vehicles that were covered under the policy: a 2008 Pontiac G6 and a 2000 Oldsmobile
`
`Bravada. On June 19, 2019, Jones was involved in a motor vehicle accident that forms the basis
`
`of the personal injury matter currently pending before this Honorable Court. According to the
`
`Police Report, Jones was driving a 2003 GMC Yukon. The Policy was subsequently updated on
`
`June 21, 2019 to add the 2003 GMC Yukon as a covered vehicle. However, as the 2003 GMC
`
`Yukon was not a covered vehicle on the date of the accident, June 19,2019, there is no coverage
`
`for any injuries, losses, costs, or damages attributed to this accident and Founders seeks
`
`judgment in favor of its Complaint for Declaratory Judgment.
`
`Policy ITOH194792 effective July 12, 2018 through July 12, 2019 does not afford
`
`coverage if a policy holder is not driving a vehicle that meets the definition of “your insured
`
`car.” The Policy states in pertinent part:
`
`PART I-LIABILITY
`
`COVERAGE A - LIABILITY COVERAGE INSURING AGREEMENT
`
`Subject to the Limits of Liability, if you pay the premium for liability coverage, we will
`
`pay damages for bodily injury or property damage for which an insured person
`
`becomes legally liable because of the ownership or use of your insured car. The bodily
`
`injury or property damage must be caused by an auto accident and not be expected nor
`
`intended from the standpoint of the insured person.
`
`DEFINITIONS USED THROUGHOUT THIS POLICY
`
`6. Your insured car means:
`
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`2
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`

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`a. The car owned by you described in the Declarations, unless you have asked
`
`us to delete the vehicle from the policy.
`
`b. A car you take title of during the policy period. The car must replace the car
`
`described in the Declarations. It will have the same coverage and policy
`
`limits as the car it replaced with the exception of the CAR DAMAGE
`
`COVERAGE. If you want coverage to apply to the replacement car you must
`
`notify us within 14 days of the day you acquire it.
`
`When you ask us to add CAR DAMAGE COVERAGE for the replacement car,
`
`such coverage will be in effect no earlier than the time and day on which you ask
`
`us to add the coverage. If you ask us to add CAR DAMAGE COVERAGE in
`
`writing the coverage will not be in effect until 12:01AM of the day following the
`
`date of postmark shown on the envelope containing your request. If a postage
`
`meter is used on the envelope containing your request to add CAR DAMAGE
`
`COVERAGE, coverage will be in effect no earlier than the time and day your
`
`request is received by us. All insurance for the car being replaced is ended when
`
`you take delivery of the replacement car.
`
`c. A car you take title of during the policy period if it is in addition to any car
`
`described in the Declarations. We will provide the same coverages, exclusive
`
`of CAR DAMAGE COVERAGE, that we currently provide for any car
`
`shown on the Declarations. However, until such time that you ask us to insure
`
`the additional car, we will provide insurance up to the minimum set forth in
`
`the Ohio Financial Responsibility Law.
`
`These provisions apply only if, on the date you took title of the additional car,
`
`we insure all cars you own and you ask us to insure the additional car within
`
`14 days of the date you took title of it. Failure to comply with this section will
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`deem the acquired car to be owned and uninsured from the date of
`
`acquisition.
`
`Records indicate that the GMC Yukon involved in the June 19, 2019 accident was
`
`registered to Jones since March 29, 2019. (See Vehicle Registration Search attached hereto as
`
`Exhibit B”).
`
`IL LAW AND ARGUMENT
`
`A. SUMMARY JUDGMENT STANDARD
`
`Civ. R. 56(A) provides that, a party seeking to recover upon a claim, counterclaim, or
`
`cross- claim or to obtain a declaratory judgment may move with or without supporting affidavits
`
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`for a summary judgment in the party’s favor as to all or any part of the claim, counterclaim,
`
`cross-claim, or declaratory judgment action. Regardless of whether a party seeks summary
`
`judgment on its own claims or on claims asserted against it, Civ. R. 56(C) dictates that summary
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`judgment is proper if no genuine issue as to any material fact remains to be litigated; the moving
`
`party is entitled to judgment as a matter of law; and it appears from the evidence that reasonable
`
`minds can come to but one conclusion, and viewing such evidence most strongly in favor or the
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`party against whom the motion for summary judgment is made, that conclusion is adverse to that
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`party. Whitford v. MGMLtd., 9th Dist. Medina no. 2382-M, 1995 WL 523272, (Sept 6,1995).
`
`To comply with the Civ. R. 56(C) standard, “when a plaintiff invokes Civ. R. 56(A), it
`
`must demonstrate the absence of any genuine questions of fact upon each material element of the
`
`claim that forms the basis for relief. Id, citing United Natl. Bank of Parkersburg, W. Va v. Norton
`
`Mach. Co., 81 Ohio App.3d. 101,104,610N.E.2d. 486 (9th Dist. 1991).
`
`B. THE GMC YUKON INVOLVED IN THE JUNE 19, 2019 ACCIDENT DOES NOT
`
`MEET THE DEFINITION OF “YOUR INSURED CAR” UNDER THE POLICY AND
`
`THERE IS NO COVERAGE UNDER THE POLICY FOR THIS ACCIDENT.
`
`The Ohio Supreme Court has held, “[a]n insurance policy is a contract whose
`
`interpretation is a matter of law.” Laboy v. Grange Indemn. Ins. Co., 144 Ohio State. 3d 243,
`
`2015-0hio-3308, quoting Sharonville v. Am. Emp. Ins. Co., 109 Ohio St.3d 186, 2006-Ohio-
`
`218016. “The fundamental goal when interpreting an insurance policy is to ascertain the intent
`
`of the parties from a reading of the policy in its entirety and to settle upon a reasonable
`
`interpretation of any disputed terms in a maimer designed to give the contract its intended
`
`effect.” Id.
`
`An insurance policy is a contract between the insurer and the insured. See Nationwide
`
`Mut. Ins. Co. v. Marsh (1984), 15 Ohio St.3d 107. The words and phrases contained in an
`
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`insurance policy must be given their plain and ordinary meaning unless some other meaning is
`
`clearly intended from the face or overall contents of the policy. See Olmstead v. Lumbermens
`
`Mut. Ins. Co. (1970), 22 Ohio St.2d 212,259; McKeehan v. The American Family Life Assurance
`
`Co., 156 Ohio App.3d 254, 2004-Ohio-764. A court cannot alter the clear and unambiguous
`
`language of an insurance policy in order to reach a result not intended by the parties to the
`
`contract. See Gomolka v. State Automobile Mut. Ins. Co. (1982), 70 Ohio St.2d 166. A person
`
`seeking to recover under a policy of insurance generally has the burden to demonstrate coverage
`
`under the policy. See Westfield Ins. Co. v. Galatis, 100 Ohio St.3d 216, 2003-Ohio-5849; Inland
`
`Rivers Service Corp. v. Hartford Fire Ins. Co. (1981), 66 Ohio St.2d 32.
`
`In the present matter, the plain and ordinary meaning of the terms of the policy must be
`
`applied. The Policy clearly and unambiguously states that if Jones took title to an additional
`
`vehicle, Jones must notify Founders within fourteen (14) days of the date Jones took title of the
`
`vehicle. Failure to comply with this provision would deem the car “uninsured from the date of
`
`acquisition.” Records indicate that the GMC Yukon involved in the June 19, 2019 accident was
`
`registered to Jones since March 29, 2019. (See “Exhibit B”) Since more than fourteen (14) days
`
`had lapsed and Jones did not notify Founders that he took title to an additional vehicle not listed
`
`on his policy declarations, Jones did not comply with the terms of the policy and there is no
`
`coverage available for this accident. The 2003 GMC Yukon does not meet the definition of “your
`
`insured car” under the Policy.
`
`The unambiguous facts of this case indicate as follows: Jones took title to a GMC Yukon
`
`in March of 2019. The Policy states that he must inform Founders of this within fourteen (14)
`
`days or the vehicle would be “uninsured.” On June 19, 2019 Jones was involved in a motor
`
`vehicle accident with Plaintiff while driving the GMC Yukon. On June 21,2019, Jones requested
`
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`5
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`the GMC Yukon be added to the Policy. Since the GMC Yukon was not insured under the Policy
`
`and did not meet the definition of an “insured car” at the time of the accident, there is no
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`coverage for this accident under the Policy. Founders respectfully requests this Honorable Court
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`grant declaratory judgment in favor of Founders on Founders’ Complaint for Declaratory
`
`Judgment that Founders has no duty to defend or indemnify Jones for the June 19,2019 accident.
`
`HI. CONCLUSION
`
`WHEREFORE, for the reasons set forth herein, Founders Insurance Company is entitled
`
`to judgment as a matter of law that Founders has no duty to defend or indemnify Anthony L.
`
`Jones for any claim asserted by Plaintiff in this lawsuit. A decision now, rather than after a
`
`verdict and judgment, usefully declares for the parties the status of insurance coverage and
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`encourages decisions by the parties consistent with that declaration. Founders requests this Court
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`grant its Motion for Declaratory Judgment and issue an Entry declaring that:
`
`A. Jones’ Founders Insurance Company Policy no. ITOH194792 does not provide any
`
`liability coverage for, Anthony L. Jones on, arising from, and/or related to the facts
`
`and circumstances alleged in Plaintiff’s Complaint;
`
`B. Founders Insurance Company is not required to defend or indemnify Anthony L.
`
`Jones in Cuyahoga County Court of Common Pleas, Case No. CV-19-921216.
`
`C. Founders Insurance Company is not obligated to pay to or for the benefit of Charles
`
`Mitchell any sum of money for injuries, losses, costs, damages, fees, or expenses
`
`allegedly sustained as a result of the June 19, 2019 accident about which Charles
`
`Mitchell complains in Cuyahoga County Court of Commons Pleas, Case No. CV-19-
`
`921216, whether judgment is rendered in Charles Mitchell’s favor against Anthony L.
`
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`Jones on the facts and circumstances alleged and/or the claims asserted in said case or
`
`otherwise.
`
`D. Founders Insurance Company is not required to defend or indemnify Anthony L.
`
`Jones in any lawsuit or from or against any claims or demand that may be asserted by
`
`any other person (not presently a party to Cuyahoga County Court of Commons Pleas
`
`Case No. CV-19-921216, which lawsuit, claim or demand arises from or related to
`
`the same set of facts and circumstances set forth in Charles Mitchell’s Complaint in
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`Cuyahoga County Court of Commons Pleas, Case No. CV-19-921216; and
`
`E. Judgment is rendered in favor of Founders Insurance Company.
`
`Respectfully submitted,
`
`Zs/ Poul/B. KLccwd/______
`
`Paul B. Ricard (#0088207)
`
`Pelini, Campbell & Williams LLC
`
`Bretten Commons - Suite 400
`
`8040 Cleveland Avenue NW
`
`North Canton, OH 44720
`
`Telephone (330) 305-6400
`
`Facsimile (330) 305-0042
`
`E-Mail: pbricard@pelini-law.com
`
`Counsel for Intervening Plaintiff
`
`Founders Insurance Company
`
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`7
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`CERTIFICATE OF SERVICE
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`I hereby certify that on June 4, 2020, a copy of the foregoing was filed electronically.
`
`Notice of this filing will be sent to all parties by operation of the Court’s electronic filing system.
`
`Parties may access this filing through the Court’s system.
`
`ZsZ PouZ/B. Record/____________
`
`Paul B. Ricard (#0088207)
`
`s:\4170\306\msj dec.doc[6/4/20:ldc]
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`Electronically Filed 06/04/2020 16:59 / MOTION / CV 19 921216 / Confirmation Nbr. 2008446 / BATCH
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`8
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`Founders
`
`Insurance Company
`
`Phone (847) 768-0068
`
`Toll Free (888)676-4342
`
`Fax (847) 768-0078
`
`www.founderslnsurance.com
`
`P.O.fl^x 5100, Des Plaines, IL 60017-5100
`
`CERTIFICATION
`
`I hereby certify that the attached Is a true and correct copy with premium, personal, and agency
`
`information redacted from the insurance application or Declarations of the insurance policy of PAULA L
`
`RICKS Policy Number ITOH194792, which was in effect on 06/19/2019.
`
`On the 28TH day of October 2019, before me personally appeared Catherine Guilfoyle, known to
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`me to be the person named herein and who executed this instrument.
`
`Notary Public
`
`.
`
`My Commission Expires: I
`
`Electronically Filed 06/04/2020 16:59 / MOTION / CV 19 921216 /"ConfirmatlOn-NOT. tudo4 TBATCH
`
`KRISTIN MAZUR
`
`Official Seat
`
`Notary Public - State of Illinois
`
`My Commission Expires Jun 28, 2022
`
`

`

`FOUNDERS INSURANCE COMPANY™
`
`parts declaration page
`
`A MULTIPLE LINE STOCK. COMPANY
`
`1350 EAST TOUHY AVENUE, SUITE 200 W, DES PLAINES, IL 60018-3303
`
`(800) 972-8778 / Fax (847)795-0080
`
`WWW.FOUNDERSINSURANCE.COM
`
`Private Passenger Automobile
`
`DIRECT BILL
`
`EFFECTIVE 6/18/19
`
`Reinstate with Coverage Lapse
`
`POLICY NUMBER
`
`POLICY PERIOD
`
`FROM
`
`TO
`
`ITOH194792
`
`7/12/18
`
`7/12/19
`
`12:01 AM STANDARD TIME
`
`3531
`
`NAMED INSURED AND ADDRESS
`
`PRODUCER
`
`PAULA L RICKS
`
`MITCHELL BROKERAGE SERVICE
`
`2773 HAMPSHIRE RD APT 7
`
`LLC
`
`CLEVELAND
`
`OH 44106
`
`5707 CHEVROLET BLVD
`
`PARMA
`
`OH 44130
`
`(440) 882-3884
`
`BASIC
`
`ENDORSEMENTS SERVICE
`
`TOTAL ADDITIONAL/RETURN
`
`PREMIUM
`
`PREMIUM
`
`CHARGE
`
`PREMIUM
`
`$1,408.00
`
`$1,408.00
`
`PREMIUM
`
`$92.00
`
`VEHICLES COVERED
`
`LIAB COMP COLL
`
`VEH YR MAKE MODEL
`
`IDENTIFICATION
`
`SYMBOLS
`
`ST TERR USE CLASS
`
`1 08 FONT G6
`
`1G2ZG57B084199437
`
`320
`
`2 00 OLDS BRAVADA BA 1GHDT13W5Y2327342
`
`310
`
`17
`
`11
`
`17
`
`11
`
`OH
`
`OH
`
`73
`
`73
`
`SM38
`
`SF42
`
`INSURANCE IS PROVIDED WHERE A PREMIUM IS SHOWN FOR THE COVERAGE
`
`COVERAGES
`
`LIMITS OF LIABILITY
`
`COVERAGE PREMIUMS
`(
`
`Bodily Injury
`
`$50,000
`
`$316.00
`
`$251.00
`
`EACH PER EACH OCC
`
`VEH 1
`
`VEH 2
`
`Property Damage
`
`$25,000
`
`$282.00
`
`$224.00
`
`Uninsured Motorist-BI
`
`$12, 500
`
`$25,000
`
`$107.00
`
`$107.00
`
`SR22 FEE
`
`$15.00
`
`NO COV
`
`$25,, 000
`
`Uninsured Motorist-PD
`
`VEH 1
`
`VEH
`
`2
`
`LIMITS EACH ACCID -
`
`$7,500
`
`$7, 500
`
`DEDUCTIBLE -
`
`NONE
`
`NONE
`
`TOTAL PREMIUM/FEES PER VEHICLE
`
`$53.00
`
`$53.00
`
`$773.00
`
`$635.00
`
`TWO OR MORE AUTOMOBILES INSURED: THE TOTAL LIMIT OF THE COMPANY'S LIABILITY
`
`UNDER ALL POLICIES ISSUED BY THE COMPANY TO THE INSURED OR WHICH PROVIDE
`
`COVERAGE TO OR FOR THE INSURED SHALL NOT EXCEED THE HIGHEST LIMIT INDICATED
`
`FOR ANY ONE VEHICLE UNDER ANY ONE POLICY.
`
`DRIVER INFORMATION
`
`DR VEH SEX MAR
`
`DVR LIC NO.
`
`NAME
`
`RP848012
`
`RM837499
`
`PAULA L RICKS
`
`ANTHONY L JONES
`
`TNC
`
`FR
`
`N
`
`N
`
`N
`
`Y
`
`1
`
`2 F
`
`S
`
`BIRTH 1PERMIT
`04/17/76 N
`2 IMS 07/10/80 N
`
`ENDORSEMENTS ATTACHED
`
`ENDORSEMENT
`
`EDITION
`
`OH-POL
`
`11-15
`
`Basic Coverage Form
`
`OHAMEND
`
`08-17
`
`AMND Of Policy Provis ions
`
`ITEM
`
`ALL
`
`ALL
`
`PREMIUM
`
`INCLUDED
`
`INCLUDED
`
`***GARAGING ADDRESSES***
`
`2773 HAMPSHIRE RD APT 7
`
`CLEVELAND
`
`OH 44106
`
`Insured
`
`WWW.FOUNDERSINSURANCE.COM
`
`DATE 6/18/19
`
`Electronically Filed 06/04/2020 16:59 I MOTION / CV 19 921216 I Confirmation Nbr. 2008446 / BATCH
`
`

`

`FOUNDERS INSURANCE COMPANY5”
`
`PART B DECLARATION PAGE
`
`A MULTIPLE LINE STOCK COMPANY
`
`1350 EASTTOUHY AVENUE, SUITE 200 W, DES PLAINES, IL 50018-3303
`
`(800) 972-8778 / Fax (847)795-0080
`
`WWW.FOUNDERSINSURANCE.COM
`
`Private Passenger Automobile
`
`Reinstate with Coverage Lapse
`
`DIRECT BILL
`
`EFFECTIVE 6/18/19
`
`POLICY NUMBER
`
`POLICY PERIOD
`
`FROM
`
`TO
`
`ITOH194792
`
`7/12/18
`
`7/12/19
`
`12:01 AM STANDARD TIME
`
`NAMED INSURED AND ADDRESS
`
`PRODUCER
`
`PAULA L RICKS
`
`MITCHELL BROKERAGE SERVICE
`
`2773 HAMPSHIRE RD APT 7
`
`LLC
`
`CLEVELAND
`
`OH 44106
`
`5707 CHEVROLET BLVD
`
`PARMA
`
`OH 44130
`
`(440) 882-3884
`
`— •
`
`DISCOUNTS/SURCHARGES ATTACHED
`
`DISCOUNT/SURCHARGE
`
`Veh 1 Veh 2
`
`Good DR Transfer
`
`10.0% - 10.0%
`
`Multi-Car
`
`SR-22
`
`30.0% - 30.0%
`
`2
`
`Insured
`
`WWW.FOUNDERSINSURANCE.COM
`
`DATE 6/18/19
`
`PAGE 2
`
`Electronically Filed 06/04/2020 16:59 / MOTION / CV 19 921216 / Confirmation Nbr. 2008446 / BATCH
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`

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`[[UFfounders®
`
`111 II A pillar of strength. Since 1901.
`
`A member of the Q Utica National Insurance Group
`
`FOUNDERS INSURANCE COMPANY
`
`OHIO AUTOMOBILE POLICY
`
`THIS POLICY JACKET WITH THE PERSONAL AUTO POLICY FORM, DECLARATIONS PAGE, APPLICATION,
`
`AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETES THIS POLICY.
`
`Founders Insurance Company - P.O. Box 5040, Des Plaines, IL 60017-5040-www.founderslnsurance.com
`
`toll free phone (800) 972-8778 - toll free fax (888) 920-0078
`
`Electronically Filed 06/04/2020 16:59 / MOTION / CV 19 921216 / Confirmation Nbr. 2008446 I BATCH
`
`OH-POL (11-15)
`
`

`

`Table of Contents
`
`AGREEMENT...........................................................1
`
`POLICY AGREEMENT.................................................... 1
`
`DEFINITIONS USED THROUGHOUT THIS POLICY.................................. 1
`
`PART I-LIABILITY....................................................... 2
`
`COVERAGE A - LIABILITY COVERAGE INSURING AGREEMENT..........................2
`
`ADDITIONAL DEFINITIONS USED IN THIS PART ONLY............................... 2
`
`ADDITIONAL PAYMENTS................................................. 3
`
`EXCLUSIONS......................................................... 3
`
`FEDERAL TORT CLAIMS ACT EXCLUSION....................................... 4
`
`CONFORMITY WITH STATE FINANCIAL RESPONSIBILITY LAWS......................... 4
`
`OUT OF STATE INSURANCE................................................ 4
`
`LIMITS OF LIABILITY..................................................... 4
`
`OTHER INSURANCE..................................................... 5
`
`PART II - MEDICAL PAYMENTS............................................... 5
`
`COVERAGE B-MEDICAL PAYMENTS COVERAGE INSURING AGREEMENT................... 5
`
`ADDITIONAL DEFINITIONS USED IN THIS PART ONLY............................... 5
`
`EXCLUSIONS......................................................... 5
`
`FEDERAL TORT CLAIMS ACT EXCLUSION....................................... 6
`
`LIMITS OF LIABILITY.....................................................6
`
`OTHER INSURANCE.....................................................6
`
`PART III- UNINSURED/UNDERINSURED MOTORISTS................................ 6
`
`PART III - UNINSURED/UNDERINSURED MOTORISTS COVERAGE INSURING AGREEMENT....... 6
`
`ADDITIONAL DEFINITIONS USED IN THIS PART ONLY............................... 7
`
`EXCLUSIONS......................................................... 8
`
`LIMITS OF LIABILITY.....................................................9
`
`OTHER INSURANCE.................................................... 10
`
`ARBITRATION........................................................ 10
`
`TRUST AGREEMENT.................................................... 11
`
`PART IV - CAR DAMAGE................................................... 11
`
`COVERAGE D - CAR DAMAGE COVERAGE INSURING AGREEMENT...................... 11
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`LOSS SETTLEMENT.................................................... 11
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`ADDITIONAL DEFINITIONS USED IN THIS PART ONLY............................... 11
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`RENTAL REIMBURSEMENT COVERAGE........................................ 12
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`TOWING AND LABOR COVERAGE........................................... 12
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`PART IV- CAR DAMAGE EXCLUSIONS........................................ 12
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`LIMITS OF LIABILITY.................................................... 13
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`OTHER INSURANCE.................................................... 14
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`APPRAISAL.......................................................... 14
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`NO BENEFIT TO BAILEE................................................. 14
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`PART V - NON-OWNER...................................................14
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`NON-OWNER COVERAGE INSURING AGREEMENT................................ 14
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`ADDITIONAL DEFINITIONS USED IN THIS PART ONLY.............................. 14
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`EXCLUSIONS........................................................ 15
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`OTHER INSURANCE.................................................... 15
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`Electronically Filed 06/04/2020 16:59 / MOTION / CV 19 921216 / Confirmation Nbr. 2008446 I BATCH
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`OH-POL (11-IS)
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`

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`PART VI-GENERAL PROVISIONS............................................. 15
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`VALID DRIVER'S LICENSE................................................. 15
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`NOTICE TO COMPANY.................................................. 15
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`POLICY PERIOD, TERRITORY............................................... 15
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`CHANGES...........................................................15
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`SUIT AGAINST US..................................................... 16
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`OUR RECOVERY RIGHTS................................................. 16
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`ASSIGNMENT........................................................ 16
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`BANKRUPTCY........................................................ 16
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`CANCELLATION AND NON-EXTENSION........................................17
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`AUTOMATIC TERMINATION............................................... 17
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`TWO OR MORE AUTOMOBILE POLICIES....................................... 17
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`TRANSFER OF YOUR INTEREST IN THIS POLICY................................... 17
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`FRAUD AND MISREPRESENTATION.......................................... 18
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`DECLARATIONS...................................................... 18
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`PART VII-WHAT TO DO IN CASE OF AN AUTO ACCIDENT OR LOSS....................... 18
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`NOTICE OF ACCIDENT OR LOSS.............................................18
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`OTHER DUTIES....................................................... 18
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`PART III - UNINSURED/UNDERINSURED MOTORISTS COVERAGE DUTIES.................. 18
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`PART IV- CAR DAMAGE COVERAGE DUTIES.................................... 19
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`Electronically Filed 06/04/2020 16:59 / MOTION / CV 19 921216 / Confirmation Nbr. 2008446 I BATCH
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`OH-POL (11-15)
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`

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`AGREEMENT
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`POLICY AGREEMENT
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`We agree, in return for your premium payment, to insure you subject to terms of this policy.
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`We will insure you for the coverages and Limits of Liability for which a premium Is shown in the Declarations of this policy.
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`Any application for Insurance provided by this policy, including any warranty made by the applicant, is made part of this
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`policy. Any misrepresentation or fraudulent statement contained in the application will void the policy.
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`DEFINITIONS USED THROUGHOUT THIS POLICY
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`1. We, us, and our mean the Company providing this insurance.
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`2.
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`3.
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`4.
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`5.
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`You and your mean the Named Insured shown in the Declarations and spouse if living in the same household.
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`Bodily injury means physical injury; sickness; disease; or resultant death; of any person which results directly from an
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`auto accident.
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`Property damage means damage to or destruction of tangible property, including its loss of use.
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`Car means a licensed and registered automobile of the private passenger type designed for use upon a public road. Car
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`also means a vehicle with a load capacity of 1,500 pounds or less of the pick-up or van type not used in any business.
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`This definition shall not include:
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`a.
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`motorcycles;
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`b. midget cars;
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`c.
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`golf mobiles;
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`d.
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`tractors;
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`e. farm machinery;
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`f.
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`any vehicle operated on rails or crawler treads;
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`g. any vehicle used as a residence or premises;
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`h.
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`step-vans;
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`i.
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`j.
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`parcel delivery vans;
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`moving vans;
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`k.
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`all-terrain vehicles (ATVs); or
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`l.
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`scooters.
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`6.
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`Your insured car means:
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`a. The car owned by you described In the Declarations, unless you have asked us to delete the vehicle from the
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`policy.
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`b. A car you take title of during the policy period. The car must replace the car described in the Declarations. It
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`will have the same coverage and policy limits as the car it replaced with the exception of the CAR DAMAGE
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`COVERAGE. If you want coverage to apply to the replacement car you must notify us within 14 days of the day
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`you acquire it.
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`When you ask us to add CAR DAMAGE COVERAGE for the replacement car, such coverage will be in effect no
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`earlier than the time and day on which you ask us to add the coverage. If you ask us to add CAR DAMAGE
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`COVERAGE in writing, the coverage will not be In effect until 12:01 A.M. of the day following the date of the
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`postmark shown on the envelope containing your request. If a postage meter is used on the envelope containing
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`your request to add CAR DAMAGE COVERAGE, coverage will be In effect no earlier than the time and day your
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`request is received by us. All Insurance for the car being replaced Is ended when you take delivery of the
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`replacement car.
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`c. A car you take title of during the policy period If It is In addition to any car described In the Declarations. We
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`will provide the same coverages, exclusive of CAR DAMAGE COVERAGE, that we currently provide for any car
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`shown on the Declarations. However, until such time that you ask us to Insure the additional car, we will
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`provide insurance up to the minimum set forth in the Ohio Financial Responsibility Law.
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`These provisions apply only if, on the date you took title of the additional car, we insure all cars you own and
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`you ask us to insure the additional car within 14 days of the date you took title of It. Failure to comply with this
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`section will deem the additional acquired car to be owned and uninsured from the date of acquisition.
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`Electronically Filed 06/04/2020 16:59 / MOTION / CV 19 921216 / Confirmation Nbr. 2008446 I BATCH
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`□H-POL (11/15)
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`Includes copyrighted material of Insurance Services Office, Inc., with Its permission.
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`Page 1
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`d. A temporary substitute car.
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`For purposes of this policy, any car leased by you under a written agreement for a continuous period of at least six
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`months shall be deemed to be owned by you.
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`7.
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`Temporary Substitute Car means a car being temporarily used by you, a relative or a resident with express permission
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`of the titled owner of the car while your insured car is being serviced, or repaired, or if your insured car is stolen or
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`destroyed. A temporary substitute car cannot be owned by, or available for regular use by you, a relative, a resident or
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`any other person residing In your household.
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`Private Passenger car means a car of the private passenger type with not less than four wheels.
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`Auto business means the business or occupation of selling, leasing, repairing, servicing, delivering, testing, storing or
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`8.
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`9.
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`parking motor vehicles.
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`10.
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`Business includes trade, profession or occupation.
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`11.
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`Relative means a person living in your household and related to you by blood, marriage or adoption, Including a ward or
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`foster child.
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`12.
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`Resident means a person, other than a relative, living in your household and listed on the application and/or the
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`Declarations.
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`13. Occupying means in, on, getting into or out of.
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`14.
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`State means the District of Columbia and any state of the United States of America.
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`15.
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`Racing means preparation for any racing, speed, demolition or stunting contest or activity. Racing also includes
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`participation In the event Itself, whether or not such event, activity or contest Is prearranged, organized or spontaneous.
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`16. Crime means any felony, including but not limited to driving while intoxicated or any act of eluding the police.
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`17.
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`Accident means a sudden, unexpected, and unintended occurrence.
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`18.
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`Declarations means the document from us listing:
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`a. the types of coverage you have elected;
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`b. the limit of each coverage;
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`c. the cost of each coverage;
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`d. the specified cars covered by this policy;
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`e. the types of coverage for each car; and
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`f.
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`other information applicable to the policy.
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`19.
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`Loss means sudden, direct, and accidental loss or damage.
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`20.
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`Punitive, exemplary or other similar damages mean those damages that may be awarded by a court of competent
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`jurisdiction as a form of punishment or deterrent.
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`21.
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`Transportation network platform means an online-enabled application or digital network used to connect passengers
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`with drivers using a vehicle for the purpose of providing prearranged transportation services for compensation.
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`PART I - LIABILITY
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`COVERAGE A - LIABILITY COVERAGE INSURING AGREEMENT
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`Subject to the Limits of Liability, if you pay the premium for liability coverage, we will pay damages for bodily injury or
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`property damage for which an insured person becomes legally liable because of the ownership or use of your insured car.
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`The bodily injury or property damage must be caused by an auto accident and not be expected nor intended from the
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`standpoint of the insured person.
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`We will defend any suit or settle any claim for damages we think appropriate. Our duty to defend ends when our Limit of
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`Liability for this coverage has been exhausted whether through settlement or through our tender of interpleading our
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`remaining Limit of Liability to a court. We have no duty to defend any suit or settle any claim for bodily injury or property
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`damage not covered under this policy or once we have settled or tendered or interpleaded our remaining Limit of Liability to
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`a court.
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`ADDITIONAL DEFINITIONS USED IN THIS PART ONLY
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`As used In this Part, Insured person, means:
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`1.
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`2.
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`You, a relative or a resident.
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`Any person using your Insured car with your express permission. However, any insurance coverage afforded under this
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`Part shall be excess over any other collectible bond, other collectible liability insurance or coverage provided under a
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`self insured risk pool or self-insured entity.
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`Electronically Filed 06/04/2020 16:59 / MOTION / CV 19 921216 / Confirmation Nbr. 2008446 / BATCH
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`OH-POL (11/15)
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`Includes copyrighted material of Insurance Services Office, Inc., with its permission.
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`Page 2
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`

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`3. Any person or organization, but only with respect to legal liability for acts or omissions of a person covered under this
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`Part while using your insured car.
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`ADDITIONAL PAYMENTS
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`We will pay, in addition to our limit of liability:
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`1.
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`2.
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`All costs we incur in the settlement of a claim or defense of a suit.
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`Interest on damages awarded in a suit we defend accruing after a Judgment is entered. Our duty to pay interest ends
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`when we have paid, formally offered, or conditionally or unconditionally deposited in court that part of the judgment
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`which does not exceed our limit of liability for this coverage. This does not apply If we have not been given notice of
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`the suit or the opportunity to defend an insured person.
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`3.
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`Up to $250 for the cost of bail bonds required because of an accident, including related traffic law violations. The
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`accident must result in bodily injury or property damage covered under this policy. We have no duty to apply for or
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`furnish these bonds.
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`4.
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`Premiums on appeal bonds and bonds to release attachments in any suit we defend. We have no duty to apply for or
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`furnish these bonds.
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`5.
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`6.
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`Up to $100 a day for loss of earnings, but not other income, because of attendance at hearings or trials at our