OH Sup Ct UIM Decision Disappointing
Tuesday, December 31st, 2002 Auto Liability Litigation SubrogationA decision late last week by the Ohio Supreme Court to overturn an appellate court ruling related to underinsured motorist (UIM) coverage inappropriately grants coverage when there has been a material breach of the policy's terms and will result in further disruption of the state's auto insurance market, according to the Alliance of American Insurers. The Alliance, along with several other interested parties, had filed an amicus curiae brief in the case, Ferrando et al. v. Auto Owners et al., supporting an August 2001 decision by the Ohio Court of Appeals, which held that an insurance company is not required to pay an underinsured motorist claim after the insurance policy's subrogation clause has been violated.
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