Legal Opinion · Dissent

Colonial Ins. Co. of California v. Jermann

Ohio Court of Appeals

Decided April 6, 1995No. 94APE08-1220Published

1DissentDeshler, Judge

Because I find that the insurance policy unambiguously excludes coverage for the commercial use of the vehicle used by Jason Jermann, I must respectfully dissent.

At the outset, we should not disregard certain language from Stanton v. Nationwide Mut. Ins. Co. (1993), 68 Ohio St.3d 111, 623 N.E.2d 1197, which the majority dismisses as “dicta.” While it is true that Stanton was decided on grounds other than the ambiguity of the commercial use exclusion, the Supreme Court nonetheless saw fit to address the contended ambiguity of the exclusion, and found that it “plainly eliminates coverage to at…

2Cases cited4 opinions

  1. Dhillon v. General Accident Insurance Co.Court of Appeals of Texas · 1990
  2. Stanton v. Nationwide Mutual InsuranceOhio Supreme Court · 1993
  3. Nationwide Insurance v. JohnsonOhio Court of Appeals · 1992
  4. Martin v. Colonial Ins. Co. of CaliforniaDistrict Court, D. Delaware · 1986

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