Sec. 3937.18. (A)
No automobile liability or motor
vehicle | 6 |
liabilityAny policy of insurance
insuringdelivered or issued for | 7 |
delivery in this state with respect to any motor vehicle | 8 |
registered or principally garaged in this state that insures | 9 |
against loss
resulting from
liability imposed by law for bodily | 10 |
injury or
death suffered by
any person arising out of the | 11 |
ownership,
maintenance, or use of a
motor vehicle
shall be | 12 |
delivered or
issued for delivery in this
state with respect to any | 13 |
motor
vehicle registered or principally
garaged in this state | 14 |
unless
both of the following coverages are
offered to persons | 15 |
insured
under the policy due to bodily injury
or death suffered
by | 16 |
such insureds: | 17 |
(1) Uninsured motorist coverage, which shall be in an
amount | 18 |
of coverage equivalent to the automobile liability or
motor | 19 |
vehicle liability coverage and shall provide protection for
bodily | 20 |
injury, sickness, or disease, including
death under provisions | 21 |
approved by the
superintendent of insurance, for the protection of | 22 |
insureds thereunder
who are legally entitled to recover
from | 23 |
owners or operators of uninsured motor vehicles because of
bodily | 24 |
injury, sickness, or disease, including death, suffered by
any | 25 |
person insured under the policy. | 26 |
For purposes of division (A)(1) of this section, an
insured | 27 |
is legally entitled to recover if the insured is able
to prove the | 28 |
elements of the insured's claim that are necessary to
recover from | 29 |
the owner or operator of the uninsured motor vehicle. The fact | 30 |
that the owner or operator of the uninsured motor vehicle has an | 31 |
immunity under
Chapter 2744. of the Revised Code or a diplomatic | 32 |
immunity that could be
raised
as a defense in an action
brought | 33 |
against the
owner or operator by
the insured does not
affect the | 34 |
insured's right to recover under
uninsured
motorist coverage.
| 35 |
However, any other type of statutory or common law immunity that | 36 |
may be a
defense for the owner or operator of an uninsured motor | 37 |
vehicle shall also be
a
defense to an action brought by the | 38 |
insured to recover under, may, but is not required to, include | 39 |
uninsured
motorist
coverage, underinsured motorist coverage, or | 40 |
both uninsured and underinsured motorist coverages. | 41 |
Unless otherwise defined in the policy or any endorsement | 42 |
to the policy, "motor vehicle," for purposes of the uninsured | 43 |
motorist coverage, underinsured motorist coverage, or both | 44 |
uninsured
and
underinsured motorist coverages, means
a | 45 |
self-propelled
vehicle
designed for use and principally used on | 46 |
public roads,
including
an automobile, truck, semi-tractor, | 47 |
motorcycle, and bus.
"Motor
vehicle" also includes a motor home, | 48 |
provided the motor
home is
not stationary and is not being used as | 49 |
a temporary or
permanent
residence or office. "Motor vehicle" does | 50 |
not include a
trolley,
streetcar, trailer, railroad engine, | 51 |
railroad car,
motorized
bicycle, golf cart, off-road recreational | 52 |
vehicle,
snowmobile,
fork lift, aircraft, watercraft, construction | 53 |
equipment, farm
tractor or other vehicle designed and principally | 54 |
used for
agricultural purposes, mobile home, vehicle traveling on | 55 |
treads or
rails, or any similar vehicle. | 56 |
(3) The identity of the owner or operator cannot be | 67 |
determined, but independent corroborative evidence exists to prove | 68 |
that the bodily injury, sickness, disease, or death of the insured | 69 |
was proximately caused by the negligence or intentional actions of | 70 |
the unidentified operator of the motor vehicle. For purposes of | 71 |
division (B)(3) of this section, the testimony of any insured | 72 |
seeking recovery from the insurer shall not constitute independent | 73 |
corroborative evidence, unless the testimony is supported by | 74 |
additional evidence. | 75 |
(2) Underinsured(C) If underinsured motorist coverage, | 83 |
which shall be in an
amount of coverage equivalent
tois
included | 84 |
in a policy of insurance, the
automobile liability or
motor | 85 |
vehicle liabilityunderinsured motorist coverage
and shall provide | 86 |
protection for
insureds thereunder for bodily injury,
sickness, or | 87 |
disease,
including death, suffered by any
person insured under the | 88 |
policy,
where the limits of coverage available for payment to the | 89 |
insured
under all bodily injury liability bonds and insurance | 90 |
policies
covering persons liable to the insured are less than the | 91 |
limits
for the
insured's uninsuredunderinsured motorist coverage. | 92 |
Underinsured
motorist coverage
in this state is not and shall not | 93 |
be excess
insurancecoverage to
other applicable liability | 94 |
coverages, and shall
be provided only
to affordprovide the | 95 |
insured an amount of protection not greater than
that which would | 96 |
be available under the insured's uninsured
motorist coverage if | 97 |
the person or persons liable
to the insured were uninsured
at the | 98 |
time of the accident. The policy limits of the
underinsured | 99 |
motorist coverage shall be reduced by those amounts
available for | 100 |
payment under all applicable bodily injury
liability
bonds and | 101 |
insurance policies covering persons liable to
the
insured. | 102 |
(C) A named insured or applicant may reject or
accept
both | 107 |
coverages as offered under division (A) of this section, or
may | 108 |
alternatively select both such coverages in accordance with a | 109 |
schedule of
limits approved by the superintendent.
The schedule | 110 |
of limits approved by the superintendent
may permit a named | 111 |
insured or applicant to select uninsured and
underinsured | 112 |
motorists coverages with limits on such coverages
that are less | 113 |
than the limit of liability coverage provided by
the automobile | 114 |
liability or motor vehicle liability policy of
insurance under | 115 |
which the coverages are provided, but the limits
shall be no less | 116 |
than the limits set forth in section 4509.20 of the Revised Code | 117 |
for bodily injury or death.
A named insured's or applicant's | 118 |
rejection of both coverages as
offered under division (A) of this | 119 |
section, or a named
insured's or applicant's selection of such | 120 |
coverages in
accordance with the schedule of limits approved by | 121 |
the
superintendent, shall be in writing and shall be signed by the | 122 |
named insured or applicant. A named insured's or applicant's | 123 |
written, signed rejection of both coverages as offered under | 124 |
division (A) of this section, or a named insured's or
applicant's | 125 |
written, signed selection of such coverages in accordance with the | 126 |
schedule of limits approved by the superintendent, shall be | 127 |
effective on the day signed, shall create a presumption of an | 128 |
offer of
coverages consistent with division (A) of this section, | 129 |
and shall be binding on all other named insureds, insureds, or | 130 |
applicants. | 131 |
Unless a named insured or applicant requests
such coverages | 132 |
in writing, such coverages need not be provided in
or made | 133 |
supplemental to a policy renewal or a new or replacement
policy | 134 |
that provides continuing coverage to the named insured or | 135 |
applicant where a named insured or applicant has
rejected such | 136 |
coverages in connection with a policy
previously
issued to the | 137 |
named insured or applicant by the same
insurer or affiliate of | 138 |
that insurer. If a named insured or applicant
has selected
such | 139 |
coverages in connection with a policy
previously issued to the | 140 |
named insured or applicant by the
same insurer or affiliate of | 141 |
that insurer, with limits in accordance
with the schedule of | 142 |
limits
approved by the superintendent, such coverages
need not be | 143 |
provided
with limits in excess of the limits of liability | 144 |
previously
issued
for
such coverages, unless a
named insured or | 145 |
applicant requests in
writing higher limits of liability for such | 146 |
coveragesFor purposes of underinsured motorist coverage, an | 147 |
"underinsured motorist" does not include the owner or operator of | 148 |
a motor vehicle that has applicable liability coverage in the | 149 |
policy under which the underinsured motorist coverage is provided. | 150 |
(2) The identity of the owner and operator of the motor | 155 |
vehicle
cannot be determined, but independent corroborative | 156 |
evidence exists to prove
that the bodily injury, sickness, | 157 |
disease, or death of the insured was
proximately caused by the | 158 |
negligence or intentional actions of
the unidentified operator of | 159 |
the motor vehicle. For purposes of
this division, the testimony | 160 |
of any insured seeking recovery
from the insurer shall not | 161 |
constitute independent corroborative
evidence, unless the | 162 |
testimony is supported by additional
evidenceWith respect to the | 163 |
uninsured motorist coverage, underinsured motorist coverage, or | 164 |
both
uninsured and underinsured motorist coverages included in a | 165 |
policy
of insurance, an insured
shall be required to prove all | 166 |
elements
of the insured's claim
that are necessary to recover from | 167 |
the
owner or operator of the
uninsured or underinsured motor | 168 |
vehicle. | 169 |
(E)
In the event of payment to any person under the
coverages | 170 |
offered under this section and subject to
the
terms and
conditions | 171 |
of such coverages, the insurer making such payment to
the extent | 172 |
thereof is entitled to the proceeds of any settlement
or judgment | 173 |
resulting from the exercise of any rights of recovery
of such | 174 |
person against any person or organization legally
responsible for | 175 |
the bodily injury or death for which such payment
is made, | 176 |
including any amount recoverable from an insurer which
is
or | 177 |
becomes the subject of insolvency proceedings, through such | 178 |
proceedings or in any other lawful manner. No insurer shall | 179 |
attempt to recover any amount against the insured of an insurer | 180 |
which is or becomes the subject of insolvency proceedings, to the | 181 |
extent of those rights against such insurer which such insured | 182 |
assigns to the paying insurer. | 183 |
(G)(F) Any
automobile liability or motor vehicle liability | 190 |
policy of insurance
that includes
uninsured motorist coverage, | 191 |
underinsured motorist coverage, or both uninsured and underinsured | 192 |
motorist coverages
offered under
division
(A) of this section
or | 193 |
selected in accordance with division (C) of
this section
may, | 194 |
without regard to any premiums
involved, include
terms and | 195 |
conditions that preclude any and all
stacking of such
coverages, | 196 |
including but not limited to: | 197 |
(H)(G) Any
automobile liability or motor vehicle liability | 205 |
policy of insurance
that includes
uninsured motorist coverage, | 206 |
underinsured motorist coverage, or both uninsured and underinsured | 207 |
motorist coverages
offered under
division
(A) of this section
or | 208 |
selected in
accordance with division (C) of
this section
and that | 209 |
provides a limit of
coverage for payment
forof
damages for bodily | 210 |
injury, including
death, sustained by any one
person in any one | 211 |
automobile
accident,
may, notwithstanding
Chapter 2125. of the | 212 |
Revised Code,
include
terms and conditions to
the effect that all | 213 |
claims
resulting from
or arising out of any
one person's bodily | 214 |
injury,
including death,
shall collectively be
subject to the | 215 |
limit of
the policy
applicable to bodily injury,
including death, | 216 |
sustained by one
person, and, for the purpose of
such policy
limit | 217 |
shall constitute
a single claim. Any such
policy limit
shall be | 218 |
enforceable
regardless of the number of
insureds, claims
made, | 219 |
vehicles or
premiums shown in the
declarations or policy,
or | 220 |
vehicles involved
in the accident. | 221 |
(H) Any policy of insurance that includes uninsured motorist | 222 |
coverage, underinsured motorist coverage, or both uninsured and | 223 |
underinsured motorist
coverages may include terms and conditions | 224 |
requiring that, so long as the insured has not prejudiced the | 225 |
insurer's subrogation rights, each
claim or suit for uninsured | 226 |
motorist coverage, underinsured motorist coverage, or both | 227 |
uninsured and underinsured motorist coverages be
made or brought | 228 |
within three years after the date of the accident
causing the | 229 |
bodily injury, sickness, disease, or death, or within one year | 230 |
after the liability insurer for the owner or operator of the motor | 231 |
vehicle liable to the insured has become the subject of insolvency | 232 |
proceedings in any state, whichever is later. | 233 |
(1) While the insured is operating or occupying a motor | 245 |
vehicle owned by,
furnished to, or available for the regular use | 246 |
of
a named insured, a
spouse, or a resident relative of a named | 247 |
insured, if the motor vehicle is not
specifically identified in | 248 |
the policy under which a claim is made, or is not a
newly acquired | 249 |
or
replacement motor vehicle covered under the terms of the policy | 250 |
under which
the
uninsured motorist coverage, underinsured motorist | 251 |
coverage, or both uninsured and underinsured motorist coverages | 252 |
are
provided; | 253 |
(4) While any employee, officer, director, partner, trustee, | 265 |
member, executor, administrator, or beneficiary of the named | 266 |
insured, or any relative of any such person, is operating or | 267 |
occupying a motor vehicle, unless the employee, officer, director, | 268 |
partner, trustee, member, executor, administrator, beneficiary, or | 269 |
relative is operating or occupying a motor vehicle for which | 270 |
uninsured motorist coverage, underinsured motorist coverage, or | 271 |
both
uninsured and underinsured motorist coverages are provided in | 272 |
the
policy; | 273 |
(J) In the event of payment to any person under the | 276 |
uninsured motorist coverage, underinsured motorist coverage, or | 277 |
both
uninsured and underinsured motorist coverages, and subject to | 278 |
the
terms and conditions of that coverage, the insurer making such | 279 |
payment is entitled, to the extent of the payment, to the proceeds | 280 |
of any settlement or judgment resulting from the exercise of any | 281 |
rights of recovery of that person against any person or | 282 |
organization legally responsible for the bodily injury or death | 283 |
for which the payment is made, including any amount recoverable | 284 |
from an insurer that is or becomes the subject of insolvency | 285 |
proceedings, through such proceedings or in any other lawful | 286 |
manner. No insurer shall attempt to recover any amount against | 287 |
the insured of an insurer that is or becomes the subject of | 288 |
insolvency proceedings, to the extent of those rights against the | 289 |
insurer that the insured assigns to the paying insurer. | 290 |
(2) Any umbrella liability policy of insurance written as | 313 |
excess over one
or more policies described in division (L)(1) of | 314 |
this sectionThe superintendent of insurance shall study the | 315 |
market availability of, and competition for, uninsured and | 316 |
underinsured motorist coverages in this state and shall, from time | 317 |
to time, prepare status reports containing the superintendent's | 318 |
findings and any recommendations. The first status report shall | 319 |
be prepared not later than two years after the effective date of | 320 |
this amendment. To assist in preparing these status reports, the | 321 |
superintendent may require insurers and rating organizations | 322 |
operating in this state to collect pertinent data and to submit | 323 |
that data to the superintendent. | 324 |
Sec. 3937.181. (A) No
automobile liability or motor
vehicle | 330 |
liability policy of insurance
offering uninsured and
underinsured | 331 |
motorist coverages underdescribed in division (A) of section | 332 |
3937.18 of the
Revised Code
that includes uninsured motorist | 333 |
coverage, underinsured motorist coverage, or both uninsured and | 334 |
underinsured motorist coverages shall be delivered or issued for | 335 |
delivery unless
coverage is also made available for damage to, or | 336 |
the destruction
of, any
automobile or motor vehicle specifically | 337 |
identified in the
policy, for the protection of those persons | 338 |
insured under the
policy who are legally entitled to recover for | 339 |
the damage to or
destruction of any
automobile or motor vehicle | 340 |
specifically
identified in the policy from the owner or operator | 341 |
of an
uninsured motor vehicle. | 342 |
(B) The coverage made available under this section need
not | 343 |
exceed the lesser of seventy-five hundred dollars or the
amount | 344 |
otherwise available from the policy for damages to, or the | 345 |
destruction of, the
automobile or motor vehicle. The coverage | 346 |
shall be subject to a maximum two-hundred-fifty-dollar
deductible. | 347 |
The losses recoverable under this section shall be
limited to | 348 |
recovery for that destruction of or damage to the
automobile or | 349 |
motor vehicle specifically identified in the policy
directly | 350 |
caused by an uninsured
automobile or motor vehicle whose
owner or | 351 |
operator has been identified. | 352 |
(D) An insurer making payments to an insured under the | 357 |
coverage offered under division (A) of this section shall be | 358 |
entitled, to the extent of those payments and subject to the
terms | 359 |
and conditions of the coverage, to the proceeds of any
settlement | 360 |
or judgment resulting from the exercise of any rights
of recovery | 361 |
by the insured against the person or organization
legally | 362 |
responsible for the injury or destruction of the
property, | 363 |
including any amounts recoverable from an insurer that
is or | 364 |
becomes the subject of insolvency proceedings, through such | 365 |
proceedings or in any other lawful manner. No insurer shall | 366 |
attempt to recover any amount
againstfrom the insured of an | 367 |
insurer
that is or becomes the subject of insolvency proceedings, | 368 |
to the
extent of
histhose rights against
suchthe insurer
which | 369 |
suchthat the insured
assigns to the paying insurer. | 370 |
(B) No policy of automobile or motor vehicle insurance
that | 373 |
is covered by sections 3937.01 to 3937.17 of the Revised
Code, | 374 |
including, but not limited to, the
uninsured motorist coverage, | 375 |
underinsured motorist coverage, or both uninsured and
underinsured | 376 |
motoristsmotorist coverages
included in such a policy as
required | 377 |
authorized by
section
3937.18 of the Revised Code, and that is | 378 |
issued by an
insurance
company licensed to do business in this | 379 |
state, and no
other policy
of casualty or liability insurance that | 380 |
is covered
by sections
3937.01 to 3937.17 of the Revised Code and | 381 |
that is so
issued,
shall provide coverage for judgments or claims | 382 |
against an
insured
for punitive or exemplary damages. | 383 |
(E) To supersede the holdings of the Ohio Supreme Court in | 426 |
Linko v. Indemnity Ins. Co. of N. America (2000), 90 Ohio St. 3d | 427 |
445,
Scott-Pontzer v. Liberty Mut. Fire Ins. Co. (1999), 85 Ohio | 428 |
St. 3d 660,
Schumacher v. Kreiner (2000), 88 Ohio St. 3d 358, | 429 |
Sexton v. State Farm Mut. Auto. Ins. Co. (1982), 69 Ohio St. 2d | 430 |
431,
Gyori v. Johnston Coca-Cola Bottling Group, Inc. (1996), 76 | 431 |
Ohio St. 3d 565, and their progeny. | 432 |