Merz v. Motorists Mut. Ins. Co., Ca2006-08-203 (5-14-2007)

{¶ 1} Plaintiffs-appellants, Jamie Merz, Administrator of the Estate of James J. Merz, and others appeal a summary judgment rendered in favor of defendant-appellee, Motorists Mutual Insurance Company, with respect to appellants' breach of contract claim regarding underinsured motorist benefits.1

{¶ 2} The parties stipulated to the following facts for purposes of filing cross-motions for summary judgment on appellants' breach of contract claim:

{¶ 3} "1. Decedent James J. Merz was a passenger in a vehicle owned and operated by William Parker at the time of an automobile accident with a vehicle…