Fed. Ins. Co. v. Executive Coach Luxury Travel, Inc., Slip Opinion No. 2010-Ohio-6300.
Interpretation of "Ominbus Clause" in commercial policy of insurance.
Insurance — Insureds — Bus service contracted by college is a “hired” bus under the college’s insurance policy, and the driver employed by the bus
company is an “insured” under that same policy.
WHAT THE COURT SAID:
The omnibus clause appears straightforward; none of the words in it are unusual or uncommon, but only "auto" is defined in the policy.
All the involved parties have spent much time and effort advocating for their definition of the words "hire" and "permission."
On its face, it is clear to us that the omnibus clause applies to the case before us; Bluffton [College] hired the bus from Executive and granted permission to Niemeyer to drive the bus. Whether the insurance company intended the clause to apply is immaterial because the language of the policy supports a conclusion that Niemeyer is an insured.
We construe insurance policies liberally in favor of the insured. Blue Cross & Blue Shield Mut. of Ohio v. Hrenko (1995), 72 Ohio St.3d 120, 122, 647 N.E.2d 1358, citing Yeagar v. Pacific Mut. Life. Ins. Co. (1956), 166 Ohio St. 71, 1 O.O.2d 204, 139 N.E.2d 48, paragraph one of the syllabus.
Read the Case.
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