Daniels v. Citizens Insurance Company, Unpublished Decision (1-12-2004)

OPINION

{¶ 1} Defendant-appellant, Citizens Insurance Company of Ohio, appeals a decision of the Madison County Court of Common Pleas granting summary judgment in favor of plaintiffs-appellees, Benjamin Daniels and Christal Nida, in a declaratory judgment action.

{¶ 2} The parties stipulated to the following facts: On December 31, 1999, Daniels was riding as a passenger in a vehicle driven by Matthew Conley. Conley failed to maintain control of the vehicle, causing the car to leave the road and collide with a concrete culvert. Another passenger was killed in the accident, while Daniels and two…