COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 70153 DON BRAM : ACCELERATED DOCKET : Plaintiff-appellant : : JOURNAL ENTRY -vs- : AND : OPINION SCOTTSDALE INSURANCE COMPANY : : Defendant-appellee : PER CURIAM : DATE OF ANNOUNCEMENT : June 20, 1996 OF DECISION : CHARACTER OF PROCEEDING : Civil appeal from Court of Common Pleas : Case No. CV-272302 JUDGMENT : AFFIRMED DATE OF JOURNALIZATION : APPEARANCES: For plaintiff-appellant: For defendant-appellee: DANIEL J. RYAN, ESQ. HAROLD H. READER, ESQ. 2000 Standard Building DEBORAH J. MICHELSON, ESQ. 1370 Ontario Street 900 Bond Court Bldg. Cleveland, OH 44113 1300 East 9th Street Cleveland, OH 44114-1583 - 2 - PER CURIAM: This cause came on to be heard upon the accelerated calendar pursuant to App. R. 11.1 and Loc. R. 25, the records from the court of common pleas and the briefs and oral arguments of counsel. Plaintiff Don Bram appeals from a summary judgment rendered in favor of defendant Scottsdale Insurance Company. Plaintiff's complaint sought a declaration of the terms of an insurance policy which he believed provided $50,000 in coverage. The insurance company maintained plaintiff purchased only $25,000 in coverage but had, in any event, failed to make a timely claim under the policy due to plaintiff's failure to commence the action within twelve months of the inception of his claim pursuant to a limitations clause in the insurance contract. Plaintiff argued continuing negotiations created a reasonable hope of adjustment and thus waived the limitations period. The terms of a limitations clause in an insurance policy may be waived by acts or declarations which hold out a reasonable hope of adjustment. Hounshell v. American States Ins. Co. (1981), 67 Ohio St.2d 427, syllabus. However, not all offers of settlement are considered waivers -- the offer must be an expressed or implied admission of liability from which a claimant could derive a reasonable hope of adjustment and thus defer the claimant's responsibility to bring legal action within the period set forth in the policy. Broadview S. & L. Co. v. Buckeye Union Ins. Co. (1982), 70 Ohio St.2d 47, 50-51. - 3 - The loss occurred on October 8, 1989 and plaintiff did not file his claim until June 14, 1994. The issue is whether the insurance company made any statements that would toll the time within which to bring the claim because those statements might have given plaintiff a reasonable hope of adjustment. We find plaintiff's evidentiary materials fail to create a material issue of fact concerning the reasonableness of plaintiff's hope for adjustment. The insurance company promptly paid plaintiff $25,000, but informed plaintiff it had no further obligation under the policy. In a letter dated April 4, 1990, the insurance company informed plaintiff, "[a]ccordingly, the coverage has always been in the amount of $25,000, and was $25,000 on the date of loss. As such, the Scottsdale Insurance Company has fulfilled its contractual obligation to you ***." Despite this firm denial of liability under the policy, plaintiff did not file his complaint until nearly five years after the claimed loss, well outside the one year limitations period. As a matter of law, we find the insurance company did not make any statements that created a reasonable hope of adjustment after April 4, 1990. The assigned error is overruled. Judgment affirmed. - 4 - It is ordered that appellee recover of appellant its costs herein taxed. The Court finds there were reasonable grounds for this appeal. It is ordered that a special mandate issue out of this Court directing the Court of Common Pleas to carry this judgment into execution. A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure. JOHN T. PATTON, JUDGE SARA J. HARPER, PRESIDING JUDGE TIMOTHY E. McMONAGLE, JUDGE N.B. This entry is made pursuant to the third sentence of Rule 22(D), Ohio Rules of Appellate Procedure. This is an announce- ment of decision (see Rule 26). Ten (10) days from the date hereof, this document will be stamped to indicate journalization, .