Graybeal v. Cincinnati Ins. Co.
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[Cite as Graybeal v. Cincinnati Ins. Co., 2003-Ohio-6749.] IN THE COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT HURON COUNTY Gregory A. Graybeal Court of Appeals No. H-03-015 Appellant Trial Court No. CVH-20020351 v. Cincinnati Insurance Company DECISION AND JUDGMENT ENTRY Appellee Decided: December 5, 2003 ***** Stephen G. Meckler and Frank C. Giamboi, for appellant. Kimberly A. Brennan, for appellee. ***** LANZINGER, J. {¶1} This accelerated appeal comes to us from a summary judgment issued by the Huron County Court of Common Pleas, in a case involving uninsured/underinsured ( UM/UIM ) motorist coverage pursuant to Scott-Pontzer v. Liberty Fire Ins. Co. (1999), {¶2} 85 Ohio St.3d 660. Because we conclude that summary judgment is proper in this case, we affirm. {¶3} Appellant, Gregory A. Graybeal, filed UM/UIM claims pursuant to Scott- Pontzer, supra, against appellee, Cincinnati Insurance Company ( CIC ), his employer s insurer. It is undisputed that Graybeal was not acting within the scope of his employer s business when the accident related to his UM/UIM claims occurred. {¶4} Pursuant to Westfield Ins. Co. v. Galatis, 100 Ohio St.3d 216, 2003-Ohio- 5849, we conclude that Graybeal was not an insured under the CIC policy, negating any coverage for his UM/UIM claims. Therefore, since no material issues of fact remain in dispute and CIC is entitled to judgment as a matter of law, summary judgment was properly granted in favor of CIC. {¶5} Graybeal s sole assignment of error is not well-taken. {¶6} The judgment of the Huron County Court of Common Pleas is affirmed. Court costs of this appeal are assessed to appellant. JUDGMENT AFFIRMED. Mark L. Pietrykowski, J. _______________________________ JUDGE Judith Ann Lanzinger, J. Arlene Singer, J. CONCUR. _______________________________ JUDGE _______________________________ JUDGE 2.
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