Wayne Mutual Insurance v. McCartney

Cox, Judge.

This matter presents a timely appeal from a decision rendered by the Columbiana County Common Pleas Court, effectively granting declaratory judgment in favor of plaintiff-appellee, Wayne Mutual Insurance Company, and determining that defendant-appellant, Harry L. McCartney, was not entitled to receive either underinsured motorist or medical payments coverage under appellee’s policy of insurance.

Appellant was involved in an automobile accident on July 26, 1993, at which time he was operating a motor vehicle not covered under a policy of insurance issued by appellee. However,…