Legal Opinion · Concurring in part, dissenting in part

Akins v. Harco Insurance

Ohio Court of Appeals

Decided August 13, 2004No. L-03-1279Published

1Concurring in part, dissenting in partLanzinger, Judge

{¶ 50} While I concur with the majority on the appellant’s first and second assignments of error, I respectfully dissent on the two cross-assignments of error and would reverse the trial court’s decisions on both summary judgments.

{¶ 51} The Owners insurance policy states: “We will pay compensatory damages an injured person is legally entitled to recover * * * (2) for bodily injury sustained while occupying or getting into or out of an automobile that is covered * * (Boldface sic; italics added). The majority finds that this provision is susceptible of “more than one interpretation” and then…

2Cases cited5 opinions

  1. Robson v. Lightning Rod Mutual InsuranceOhio Court of Appeals · 1978
  2. Joins v. BonnerOhio Supreme Court · 1986
  3. Etter v. Travelers Insurance CompaniesOhio Court of Appeals · 1995
  4. Morris v. Continental Insurance CompaniesOhio Court of Appeals · 1991
  5. Yoerger v. General Accident Insurance Co. of AmericaOhio Court of Appeals · 1994

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