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RHONDA OLENIK, Administrator of the estate of Donna
Vanek (22-6080); EDWARD R. VANEK and JODIE R.
HODGES, individually and co-administrators of the
estate of John Brody Edward Vanek (23-5353),
Plaintiffs-Appellants,
v.
OHIO CASUALTY INSURANCE COMPANY,
Defendant-Appellee. |
Nos. 22-6080/23-5353 |
Appeal from the United States District Court for the Eastern District of Kentucky at Lexington.
Nos. 5:21-cv-00180; 5:21-cv-00183—Karen K. Caldwell, District Judge.
Argued: July 23, 2024
Decided and Filed: August 22, 2024
Before: MOORE, MURPHY, and BLOOMEKATZ, Circuit Judges.
_________________________
OPINION
_________________________
MURPHY, Circuit Judge. Automobile insurance policies commonly insure both a
covered vehicle and a “temporary substitute” if the covered vehicle is in the shop for repairs. See
8A Jordan R. Plitt et al., Couch on Insurance § 117:61 (3d ed.), Westlaw (database updated June
2024). This case requires us to interpret the phrase “temporary substitute” in an insurance policy
governed by Kentucky law. Donna Vanek worked for a construction company that had insured
two trucks, including a Ford F-250, through Ohio Casualty Insurance Company. Vanek would
occasionally drive the F-250, but she typically used her own Kia Optima for much of this work.
She was driving her Kia with her young nephew to pick up paint for a job when a semitruck
recklessly struck her car and killed both occupants. At the time of this tragic accident, the
company’s Ford F-250 was in a repair shop. The estates of Vanek and her nephew thus sued
Ohio Casualty, claiming that the Kia qualified as a covered “temporary substitute” for the F-250.
The district court rejected this reading and granted summary judgment to Ohio Casualty.
Yet a reasonable jury could find for the estates under the policy’s plain language. The jury could
conclude that the Kia qualified as a “substitute” (that is, a replacement) because several
witnesses testified that Vanek would have driven the F-250 to the paint store if it had been
available. And the jury could view the Kia as a “temporary” substitute (that is, one for a limited
time) because the company got the F-250 back a short time later. To reach the contrary
conclusion, the district court accepted Ohio Casualty’s claim that a noncovered car cannot
qualify as a “temporary substitute” unless all covered vehicles are in the shop. But Ohio
Casualty did not base this interpretation on the policy’s text. It instead based the interpretation
on a misreading of a state appellate court decision. So we reverse and remand for proceedings
consistent with this opinion. |
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ALVIN MOORE,
Plaintiff-Appellant,
v.
COCA-COLA BOTTLING COMPANY CONSOLIDATED nka
Coca-Cola Consolidated, Inc.,
Defendant-Appellee. |
No. 23-3775 |
Appeal from the United States District Court for the Southern District of Ohio at Cincinnati.
No. 1:18-cv-00486—Matthew W. McFarland, District Judge.
Argued: March 21, 2024
Decided and Filed: August 22, 2024
Before: BATCHELDER, MOORE, and CLAY, Circuit Judges.
_________________________
OPINION
_________________________
KAREN NELSON MOORE, Circuit Judge. Alvin Moore (“Moore”) held various
positions at Coca-Cola Bottling Company (“CCBC”) from 2015 to 2018. In March 2017, Moore
was involved in an accident at work and underwent drug testing, pursuant to CCBC’s drug and
alcohol policy. Moore tested positive for marijuana, although the amount in his sample was less
than the amount that CCBC’s drug policy prohibits. CCBC nevertheless negotiated a Second
Chance Agreement (“SCA”) with its employees’ union and Moore, which stated that Moore
would be subject to twenty-four months of random drug testing. Later, in June 2017, Moore was
cited as being insubordinate for swearing and inciting a work slowdown during a pre-shift
meeting. Moore was terminated, but his union negotiated a Last Chance Agreement (“LCA”)
with CCBC. In a meeting with his supervisor, David Boland (“Boland”), and the union vice
president, Frank Arrington (“Arrington”), Moore signed the LCA, which stated that he
discharged CCBC from any and all liability relating to his employment. In 2018, while Moore
was still under the SCA and the LCA, he tested positive for marijuana. He was terminated from
CCBC on July 31, 2018, when he was still subject to the SCA, but at which point Moore’s LCA
had expired. He sued CCBC for racial discrimination and retaliation, in violation of Title VII
and Ohio law, and CCBC moved for summary judgment. The district court granted CCBC’s
motion for summary judgment, and Moore timely appealed. For the reasons explained below,
we REVERSE and REMAND for further proceedings. |
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