Roy v. State Farm Mutual Automobile Insurance

Defendant-appellant, Progressive Mutual Insurance Company, appeals from an adverse finding by the court of common pleas in a declaratory judgment action.

The cause of action litigated below arose out of an accident occurring on August 10, 1979, in Cleveland, Ohio. Plaintiff-appellee, Susan Roy, was a passenger on a motorcycle owned by Richard Shipp and being operated by Douglas Palmer, with Shipp’s consent. The motorcycle collided with an automobile being driven by Ronald Small, and as a result, appellee sustained personal injuries. Neither the automobile nor the motorcycle was covered by any…