KIRKWOOD v. MOTORIST MUT. INS. CO.

Appellate No. 2011-CA-23.

2012 Ohio 3981

CAITLYN KIRKWOOD, et al., Plaintiff-Appellants, v. MOTORIST MUTUAL INSURANCE COMPANY, et al., Defendant-Appellees.

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

Rendered on August 31, 2012.


Attorney(s) appearing for the Case

DWIGHT D. BRANNON , Atty. Reg. #0021657, and DOUGLAS D. BRANNON , Atty. Reg. #0076603, Brannon & Associates, 130 West Second Street, Suite 900, Dayton, Ohio 45402, Attorney for Plaintiff-Appellants.

RAYMOND J. DECKER, JR. , Atty. Reg. #0069208, 36 East 7th Street, Suite 2420, Cincinnati, Ohio 45202, Attorney for Defendant-Appellee, The Netherlands Insurance Company.

CHRISTOPHER W. CARRIGG , Atty. Reg. #0023947, Freund, Freeze & Arnold, 1 South Main Street, Suite 1800, Dayton, Ohio 45402, Attorney for Defendant-Appellee, Motorist Mutual Insurance Company.

KEVIN C. CONNELL , FREUND, FREEZE & ARNOLD, One South Main Street, Suite 1800, Dayton, Ohio 45402, Attorney for Defendant-Appellee, Stephen Overholser.


OPINION

FAIN, J.

I. Introduction

{¶ 1} Plaintiffs-appellants Caitlyn, Brad, Candy, and Chelsea Kirkwood appeal from a summary judgment rendered in favor of defendant-appellee The Netherlands Insurance Company. The Kirkwoods contend that a policy of insurance issued by Netherlands provides underinsured motorists' coverage for injuries Caitlyn Kirkwood sustained in an automobile accident. We agree with the trial court that, as a...

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