Morris v. Continental Insurance Companies

Peggy Bryant, Judge.

Plaintiff-appellant, Robert V. Morris, appeals from a judgment of the Franklin County Court of Common Pleas declaring that Paul N. Jenkins, the ward of Morris, is not entitled to recover under an underinsured motorist policy provided by defendant-appellee, Continental Insurance Companies (“Continental”), because Jenkins was not occupying the insured vehicle at the time he was injured.

The facts as related herein are largely undisputed. On February 6, 1982, Tab Trucking Company (“Tab”) assigned its employee, Jenkins, to deliver a load of cargo from Haverhill, Ohio, to…