The Court of Appeals affirmed the trial court's decision on this issue. In addition, the Insurance company settled plaintiff's claims against the driver of the buggy to recover the amounts it had paid plaintiffs. However, the settlement purported to block all claims plaintiffs might have against the buggy driver. The trial court held this barred plaintiff's suit against the buggy-driver, but the Court of Appeals disagreed and said that the Insurance company could release only its own claims and not also those of the plaintiff. P.J. Plaintiffs Leota M. and Curtis Hutchison appeal a summary judgment of the Court of Common Pleas of Stark County, Ohio, entered in favor of defendant Erie Insurance Company on plaintiffs' claims arising out of a collision between plaintiffs' vehicle and a horse-drawn buggy.
Appellants assign two errors to the trial court.
The record indicates appellant Leota M. Hutchison was injured when her vehicle collided with a horse-drawn buggy in Wayne County, Ohio. The Ohio State Patrol cited the operator of the buggy, but neither the buggy operator nor the owner were insured. Appellants made a claim for uninsured motorists coverage against their insurance company, appellee Erie. Appellee denied the coverage on the grounds appellants did not collide with an uninsured motorist. Appellee did provide collision coverage to reimburse appellants for property damage to the automobile, and medical payment coverage to reimburse them for medical expenses incurred.