At the time of the issuance of the Business Liability policy by Erie Insurance, "Terry Perigo d/b/a Perigo Vision Centers" was shown as the named insured. Later, Terry Perigo notified Erie that the business had been incorporated. When the policy was renewed on December 3, 1987, the named insured was shown as "Terry Perigo Vision Centers, Inc., Terry Perigo d/b/a" as named insured. The policy remained essentially the same until December 1991, when the named insured was shown as "Terry Perigo Vision Centers, Inc., Terry Perigo ATIMA."
On December 7, 1991, while on a hunting trip, Terry Perigo fatally shot Bradley Boso, and this action was filed by Boso's widow. In exchange for her release of Terry Perigo from personal liability, Erie paid her the full limit of $500,000 under Perigo's Homeowners policy. The only question which remained was whether Perigo was covered for the accidental shooting of Boso under the Business policy.
The trial court found that the Business policy did not cover Perigo for the shooting accident, and judgment was entered in favor of Erie. The widow of Bradley Boso appealed.
The Business policy provided that it would cover " . . . executive officers, trustees or directors if doing business as a corporation . . . but only while acting within the scope of their duties . . . "
The parties did not dispute the fact that the hunting trip was unrelated to the insured's business.
The policy did not define "ATIMA" which followed the designation of the insured, and the widow objected to the fact that the court went "outside the policy" to find that it meant "as their interest may appear." Mrs. Boso contended that since "ATIMA" is not readily understood outside the insurance business, the designation was ambiguous. The higher court agreed but said that when the policy was read in its entirety, it was clear that the parties intended to provide Mr. Perigo with protection for incidents related to the operation of his business. In addition, the policy provided liability protection "for all operations and all locations" rather than for individuals.
The judgment entered in the lower court in favor of Erie was affirmed.
(Discretionary appeal to the Supreme Court of Ohio was denied--664 North Eastern Reporter 2d 1293.)
Boso, Exr., et al, Appellants v. Erie Insurance Company/Erie Insurance
Exchange--No. 95APE05-520--Court of Appeals of Ohio, Tenth District,
Franklin County--November 21, 1995--669 North Eastern Reporter
2d 47.