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JACKSON v. PUBLIC ENTITIES POOL OF OHIO

Appellate No. 23049.

2009 Ohio 1772

Angela Jackson, Plaintiff-Appellee, v. Public Entities Pool of Ohio, Defendant-Appellant and Eugene McGinnis, et al., Defendant-Appellees.

Court of Appeals of Ohio, Second District, Montgomery County.

Rendered on April 10, 2009.

Attorney(s) appearing for the Case

James P. Fleisher, Atty. Reg. #0059509, Bieser, Greer & Landis LLP, 400 National City Center, 6 North Main Street, Dayton, Ohio 45402-1908, Attorney for Plaintiff-Appellee, Angela Jackson.

Jeffrey C. Turner, Atty. Reg. #0063154, Boyd W. Gentry, Atty. Reg. #0071057, and Linda L. Lehman, Atty. Reg. #0057455, Surdyk, Dowd & Turner Co., L.P.A., One Prestige Place, Suite 700, Miamisburg, Ohio 45342, Attorneys for Defendant-Appellant, Public Entities Pool of Ohio.

Michael C. Thompson, Atty. Reg. #0041420, 5 North Williams Street, Dayton, Ohio 45402, Attorney for Defendants, Eugene McGinnis and Twana Williams.

Ray C. Freudiger, Atty. Reg. #0055564, Freund, Freeze & Arnold, One Dayton Centre, 1 South Main Street, Suite 1800, Dayton, Ohio 45402-2017, Attorney for Defendant-Appellee, Buckeye State Mutual Ins. Co.

Stuart Tobin, Atty. Reg. #0018351, 10810 Indeco Drive, Cincinnati, Ohio 45241, Attorney for Defendant, Ohio Bureau of Workers' Compensation.

OPINION

FAIN, J.

{¶ 1} Defendant-appellant Public Entities Pool of Ohio (PEP), appeals from a summary judgment rendered against it on its claim that it did not owe uninsured/underinsured motorist coverage to plaintiff Angela Jackson. PEP contends that the trial court erred by finding that its policy constituted insurance for the purposes of determining coverage, and by finding that its coverage was primary.

{¶ 2}

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