Hagen v. J. C. Penney Casualty Insurance

Donald Scott Hagen, the appellant, was covered by a policy of insurance issued by the ap-pellee, J. C. Penney Casualty Insurance Co. (“Penney”), on February 8, 1982, when he sustained extensive injuries in an automobile accident. Penney denied Hagen’s claim on the underinsured provision of his insurance contract on the basis that the limits of the tortfeasor’s insurance policy were identical to the limits of appellant’s underinsurance coverage.

Appellant filed a declaratory judgment action in the common pleas court and now brings a timely appeal from a summary judgment granted on behalf of…