Hillyer v. State Farm Fire & Casualty Co.

Summary

The Ohio Supreme Court consolidated appeals concerning whether residence-employee provisions in homeowner’s or tenant’s insurance policies transformed those policies into motor vehicle liability policies subject to former R.C. 3937.18’s uninsured/underinsured motorist coverage requirements. The court held that such limited liability coverage was incidental to the policies’ primary coverage and did not trigger the statutory requirements. It affirmed the judgments in Hillyer, Panozzo, and Burnett, and reversed and remanded in Lemm.

Holdings

1. A residence-employee clause in an insurance policy that provides liability coverage incidental to home ownership does not convert the policy into a motor vehicle liability policy subject to former R.C. 3937.18(A).

Questions Presented

1. Whether a residence-employee exception in a homeowner's or tenant's insurance policy transforms the policy into a motor vehicle liability policy subject to former R.C. 3937.18(A).
2. Whether the insurers were required to provide uninsured- or underinsured-motorist coverage under those policies as a matter of law.
3. Whether the judgments of the courts of appeals in the four consolidated matters should be affirmed or reversed.

Disposition

other