R.C. 3937.18 Interpretation
In Ross v. Farmers Ins. Group of Cos. (1998), 82 Ohio St.3d 281, 1998 Ohio 381, 695 N.E.2d 732, the Ohio Supreme Court held that "for the purpose of determining the scope of coverage of an uninsured or underinsured motorist claim, the statutory law in effect at the time of entering into a contract for automobile liability insurance controls the rights and duties of the contracting parties." Id. at syllabus.
The policy at issue here was issued on July 24, 2004; accordingly, the most recent version of R.C. 3937.18, as amended by S.B. No. 97 and effective October 31, 2001, controls.
R.C. 3937.18 permits an insurer to effectively limit UM/UIM coverage through a provision commonly known as the "other owned auto" exclusion.
In particular, R.C. 3937.18(I)(1) provides an insurance policy that includes UM/UIM coverage may include terms and conditions that preclude coverage for bodily injury or death suffered by an insured when the insured is "operating or occupying a motor vehicle owned by, furnished to, or available for the regular use of a named insured, a spouse, or a resident relative of a named insured, if the motor vehicle is not specifically identified in the policy under which a claim is made."