How Does the Ohio Tort Law Ensure the Intent of Former R C 3937.18 Regarding Automobile Insurance Policy ?
In Alexander v. Buckeye Pipe Line Co. (1978), 53 Ohio St.2d 241, 374 N.E.2d 146, the court held that the household exclusion was invalid because, by eliminating coverage for torts that occur in the insured's vehicle, the exclusion restricted coverage in a manner contrary to the intent of former R.C. 3937.18, which was to ensure that insured motorists who were injured by negligent, uninsured motorists were not left without compensation simply because the tortfeasor lacked liability coverage. Id. at 400.
The court stated:
"An automobile insurance policy may not eliminate or reduce uninsured or underinsured motorist 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." Id. at syllabus;
See, also, Fazio v. Hamilton Mut. Ins. Co., 106 Ohio St.3d 327, 2005 Ohio 5126, 835 N.E.2d 20 (discussing Alexander).