Columbus Ohio Personal Injury Lawyers
Reported Cases

Comments

Bentley v. Pendleton, 2004-Ohio-3848; 105 Ohio St.3d 326, 2005-Ohio-1824; 2005-Ohio-3495; Former Ohio Uninsured Motorist Statute applies to “fronting” policies.

Boerger v. Davis., 2004-Ohio-3882; Federal court system maintains exclusive jurisdiction over an action by a self-insured ERISA health plan to recover money.

Cincinnati Cos. v. Albers, 2004-Ohio-806; 103 Ohio St.3d 475, 2004-Ohio-5702; No conflict between subsections K and J of former Ohio Uninsured Motorist Statute.

Hillyer v. State Farm Fire & Cas. Co., 97 Ohio St.3d 411, 2002-Ohio-6662, for amicus curiae Ohio Academy of Trial Lawyers; Insurance policies providing incidental coverage for motor vehicles are not subject to the former Ohio Uninsured Motorist Statute.

Dalton v. Wilson, 2002-Ohio-4015; 2002-Ohio-6866; A motor vehicle liability insurance policy purchased to satisfy the Ohio Financial Responsibility Statute is subject to the former Ohio Uninsured Motorist Statute.

Lynch v. Yob, 95 Ohio St.3d 441, 2002-Ohio-2485, for amicus curiae Ohio Academy of Trial Lawyers; Coverage is available on semi-trailer under federally-mandated MCS-90 endorsement to insurance policy even though operator of the rig was not an insured under the terms of the trailer’s main policy and even though there was no claim that the trailer owner was negligent.

German v. Therm-O-Disc, Inc., 2002-Ohio-1848; 100 Ohio St.3d 302, 2003-Ohio-5888; An insured’s status as a self-insurer “in a practical sense” for a portion of bodily injury liability coverage does not excuse a motor vehicle liability insurer from complying with the former Ohio Uninsured Motorist Statute by offering uninsured/underinsured motorist coverage in an amount equivalent to the full bodily injury liability coverage limits.

Davidson v. Motorists Mut. Ins. Co. (2001), 91 Ohio St.3d 262, 2001-Ohio-36, for amicus curiae Ohio Academy of Trial Lawyers; Homeowner’s insurance policy providing limited liability coverage for vehicles not subject to motor vehicle registration is not a motor vehicle liability policy and is not subject to the requirement of former R.C. 3937.18 to offer uninsured and underinsured motorist coverage.

Minton v. Honda of Am. Mfg., Inc. (1997), 80 Ohio St.3d 62, for amicus curiae Raymond Richard Nelson; State tort claim based upon manufacturer’s failure to equip automobiles with air bags is not preempted by former Section 1381 et seq., Title 15, U.S.Code and regulations promulgated thereunder.

Griffith v. Linton (1998), 130 Ohio App.3d 746; Filing a motion for summary judgment constitutes a waiver of a contractual right to arbitration.

Nelson v. Ford Motor Co. (1996), 108 Ohio App.3d 158; (1996), 76 Ohio St.3d 1404, 666 N.E.2d 565; A "no-air bag" claim is not federally pre-empted by the National Traffic and Motor Vehicle Safety Act.

Allgire v. Allstate Ins. Co. (1992), 81 Ohio App.3d 479; (1992), 65 Ohio St.3d 1458, 602 N.E.2d 254; Former Ohio Uninsured Motorist Statute applies separately as to each named insured.