Citations
- 70 Ohio St. 2d 166
Full opinion text
Palmer, J.
The sole question presented is whether the policy of insurance issued by appellant to the Gomolkas and in force at the time of the accident to Mr. Gomolka extended to them underinsured motorist coverage, in addition to a conceded uninsured motorist coverage.
Such questions of law are determined, in the first instance, by an examination of the relevant insurance documents, utilizing therein the familiar rules of construction and interpretation applicable to contracts generally. Wagner v. National Fire Ins. Co. (1937), 132 Ohio St. 405, 412. To the extent that a brief review of those rules of construction relevant to the instant question may be useful before examining the language of the policy in detail, we note, initially, that words and phrases used in an insurance policy must be given their natural and commonly accepted meaning, where they in fact possess such meaning, to the end that a reasonable interpretation of the insurance contract consistent with the apparent object and plain intent of the parties may be determined. Dealers Dairy Products Co. v. Royal Ins. Co. (1960), 170 Ohio St. 336, paragraph one of the syllabus. The insurer, having prepared the policy, must also be prepared to accept any reasonable interpretation, consistent with the foregoing, in favor of the insured. Home Indem. Co. v. Plymouth (1945), 146 Ohio St. 96, 101.
It is quite proper to emphasize, as appellant does, that such rules of construction and interpretation possess definite limitations. Thus, where the provisions of an insurance policy are clear and unambiguous courts may not indulge themselves in enlarging the contract by implication in order to embrace an object distinct from that contemplated by the parties, Stickel v. Excess Ins. Co. (1939), 136 Ohio St. 49, paragraph one of the syllabus, nor read into the contract a meaning not placed there by an act of the parties, Motorists Ins. Co. v. Tomanski (1970), 27 Ohio St. 2d 222, 226; Olmstead v. Lumbermens Mutl. Ins. Co. (1970), 22 Ohio St. 2d 212, 216, nor make a new contract for the parties where their unequivocal acts demonstrate an intention to the contrary, Jackson v. Metropolitan Life Ins. Co. (1973), 34 Ohio St. 2d 138, 140; Fidelity & Cas. Co. v. Hartzell Bros. Co. (1924), 109 Ohio St. 566.
Where, however, it may reasonably be concluded that the language of a policy is ambiguous and may therefore be subject to different interpretations, a universally applied axiom of construction becomes appropriate to resolve the ambiguity. As stated in Butche v. Ohio Cas. Ins. Co. (1962), 174 Ohio St. 144, 146:
“* * * [Pjolicies of insurance, which are in language selected by the insurer and which are reasonably open to different interpretations, will be construed most favorably for the insured. Home Indemnity Co. v. Village of Plymouth (1945), 146 Ohio St., 96, 64 N.E. (2d), 248.” See, also, Buckeye Union Ins. Co. v. Price (1974), 39 Ohio St. 2d 95; American Financial Corp. v. Fireman’s Fund Ins. Co. (1968), 15 Ohio St. 2d 171, 173; 44 Corpus Juris Secundum 1166, Insurance, Section 297(C). See generally, 1 Couch on Insurance 2d 776, Section 15:73; 30 Ohio Jurisprudence 2d 225, Insurance, Section 215.
Bearing these several principles of construction in mind, an examination of the relevant insurance policy reveals that it consisted of a printed, multi-page contract form entitled, Special Budget/Automobile Policy, containing general provisions relating to liability, medical expense, uninsured motorist and other coverage, protection against automobile physical damage, and various conditions and exclusions. Attached to this printed form was a one-page computer printout sheet entitled, Renewal Declarations Page-Part Two Special Budget Automobile Policy, the open boxes of which were completed with the relevant information typed in. Several printed endorsement forms and a general printed form entitled, Automobile Amendatory Endorsements, and designated as Form AU-18, completed the contract documents delivered to the Gomolkas by appellant.
The language contained in this policy relevant to the instant issue may be summarized in the following manner. The basic printed policy form commences:
“STATE AUTOMOBILE MUTUAL INSURANCE COMPANY of Columbus, Ohio, herein called the company
“In consideration of the payment of the premium, in reliance upon the statements in the declarations made a part hereof and subject to all of the terms of this policy, agrees with the insured named in the declarations as follows:
“PART I — PROTECTION AGAINST LIABILITY, MEDICAL EXPENSE AND UNINSURED MOTORISTS ACCIDENTAL DEATH BENEFIT
a* * at
“Protection Against UNINSURED MOTORIST COVERAGE. The company will pay all sums which the insured or his legal representative shall be legally entitled to recover as damages from the owner or operator of an unin-, sured highway vehicle because of bodily injury sustained by the insured, caused by accident and arising out of the ownership, maintenance or use of such uninsured highway vehicle * * (Emphasis added.) This printed form further provides:
“Definitions. When used with respect to Part I:
<< * * *
“ ‘uninsured highway vehicle’ ” means:
“(a) a highway vehicle with respect to the ownership, maintenance or use of which there is, in at least the amounts specified by the financial responsibility law of the state in which the insured automobile is principally garaged, no bodily injury liability bond or insurance policy applicable at the time of the accident with respect to any person or organization legally responsible for the use of such vehicle, or with respect to which there is a bodily injury liability bond or insurance policy applicable at the time of the accident but the company writing the same denies coverage thereunder, or a hit-and-run vehicle.” (Emphasis added.)
The various inserts made part of the contract of insurance begin with the Declarations Page, which recites in relevant part:
“RENEWAL DECLARATIONS PAGE-PART TWO SPECIAL BUDGET AUTOMOBILE POLICY
“THIS DECLARATIONS PAGE WITH POLICY PROVISIONS PART ONE FORM SBP-3 CONTINUES THIS POLICY IN FORCE FOR THE PERIOD INDICATED UPON VALID PAYMENT OF THE PREMIUM WHEN DUE.