State Auto Insurance Companies v. McClamroch

EAGLES, Judge.

We first consider whether the trial court erred in granting summary judgment because plaintiff is not the correct party plaintiff. Defendants argue that “State Auto Insurance Companies” is not the proper plaintiff because the insurance policy being reviewed was issued by “State Automobile Mutual Insurance Company,” a separate legal entity. Accordingly, defendants argue that plaintiff has not carried its burden of proving that it had standing to sue.

Plaintiff first contends that defendants failed to raise this matter in the trial court and cannot raise it for the first time on…