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State Auto. Mut. Ins. Co. v. Cleveland Carriage Co.11/7/1994
We find State Farm Auto. Ins. Co. v. Alexander inapposite to this matter. First, it must be noted that the syllabus of the case states as follows:
"An automobile insurance policy may not eliminate or reduce uninsured or underinsured motorists coverage, required by R.C. 3937.18, to persons injured in a motor vehicle accident, where the claim or claims of such persons arise from causes of action that are recognized by Ohio tort law." (Emphasis added.)
The phrase "coverage required by R.C. 3937.18, clearly refers to the mandate and purpose of R.C. 3937.18, which is to provide protection for insureds "who are legally entitled to recover damages from owners or operators of uninsured motor vehicles." Second, the entire focus and holding of the opinion is to invalidate intrafamilial exclusionary clauses and to reverse the Supreme Court's prior decision in Dairyland Ins. Co. v. Finch (1987), 32 Ohio St.3d 360, 513 N.E.2s1324. Third, State Farm Auto. Ins. Co. v. Alexander is factually distinguishable from this matter since the driver in that case had less liability coverage than the insured passenger who was injured, thereby implicating contractual uninsured provisions, and in this instance there is a single motor vehicle, the decedent's, and a single driver, the decedent, an insured under the subject policy. Last, the Administrator misinterprets relevant terms of art, as the phrase "legally entitled to recover" presumes a tortfeasor who is an uninsured motorist. See Sumwalt v. Allstate Ins. Co. (1984), 12 Ohio St.3d 294, 12 OBR 368, 466 N.E.2d 544, syllabus. Accordingly, State Farm Auto. Ins. Co. v. Alexander has no application herein.
State Automobile's assignment of error is meritorious.
The judgment of the trial court is reversed, and the cause is remanded for further proceedings consistent with this opinion.
Judgment reversed and cause remanded.
NAHRA, C.J., PORTER and WEAVER, JJ., concur. |