Straubhaar v. Cigna Prop. & Cas. Co.
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[Cite as Straubhaar v. Cigna Prop. & Cas. Co., 2002-Ohio-4791.] COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 81115 DAWN STRAUBHAAR, Plaintiff-Appellant vs. CIGNA PROPERTY & CASUALTY COMPANY, Defendant-Appellee DATE OF ANNOUNCEMENT OF DECISION : : : : : : : : : : ACCELERATED JOURNAL ENTRY AND OPINION : SEPTEMBER 12, 2002 CHARACTER OF PROCEEDING: : : : Civil appeal from Common Pleas Court Case No. 419944 JUDGMENT : AFFIRMED. DATE OF JOURNALIZATION : APPEARANCES: For plaintiff-appellant: Stephen S. Vanek, Esq. FRIEDMAN, DOMIANO & SMITH CO., LPA 1370 Ontario Street 600 Standard Building Cleveland, Ohio 44113-1701 For defendant-appellee: Steven J. Forbes, Esq. MOSCARINO & TREU, LLP The Hanna Building 1422 Euclid Avenue, Suite 630 Cleveland, Ohio 44115 [Cite as Straubhaar v. Cigna Prop. & Cas. Co., 2002-Ohio-4791.] MICHAEL J. CORRIGAN, P.J.: {¶1} This case came to be heard upon the accelerated calendar pursuant to App.R. 11.1 and Loc.R. 11.1, the record from the Cuyahoga County Court of Common Pleas, the briefs and oral argument of counsel. Plaintiff Dawn Straubhaar, a passenger in a vehicle, suffered injuries when that vehicle crashed. with the driver of the vehicle and She settled her claim brought this declaratory judgment action under authority of Scott-Pontzer v. Liberty Mut. Fire Ins. Co., 85 Ohio St.3d 660; 1999-Ohio-292, against defendant Cigna Property & Casualty Company, the insurer of USX Corporation, the parent company of her employer, Speedway/SuperAmerica. court granted summary judgment to Cigna. argument on appeal is Speedway/SuperAmerica to that be uninsured/underinsured Speedway/SuperAmerica de the motorists had a $5 Straubhaar s primary court facto The erred by self-insured policy million finding since the issued to deductible that intentionally matched the $5 million liability limits of the policy. {¶2} Although there is arguably merit to the proposition that Straubhaar s settlement against the tortfeasor destroyed Cigna s right to subrogation, we need not reach this issue as we find that {¶3} the evidence showed that USX was de facto self-insured and thus not obligated to provide uninsured/underinsured motorists coverage. By taking out a policy with a deductible equal to the 3 liability limit, Speedway/SuperAmerica became a self-insurer in the practical sense. See Grange Mut. Cas. Co. v. Refiners Transport & Terminal Corp. (1986), 21 Ohio St.3d 47, 49; Lafferty v. Reliance Ins. Co. (N.D.Ohio 2000), 109 F.Supp.2d 837. This obviated the necessity of obtaining a certificate of self-insurance under R.C. 4509.45 and R.C. 4509.72. Judgment affirmed. The assigned error is overruled. [Cite as Straubhaar v. Cigna Prop. & Cas. Co., 2002-Ohio-4791.] It is ordered that appellee recover of appellant its costs herein taxed. The court finds there were reasonable grounds for this appeal. It is ordered that a special mandate issue out of this court directing the Common Pleas Court to carry this judgment into execution. A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure. MICHAEL J. CORRIGAN PRESIDING JUDGE FRANK D. CELEBREZZE, JR., J., CONCURS. PATRICIA A. BLACKMON, J., CONCURS IN JUDGMENT ONLY.
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