Summary
The Ohio Supreme Court summarily reversed the certified-conflict case on the authority of Kemper v. Michigan Millers Mutual Insurance Co. The concurrence explains that Kemper governs the requirements for offering and rejecting uninsured/underinsured motorist coverage under R.C. 3937.18 as amended by H.B. 261, while noting the concurring justice's disagreement with the decision not to reconsider Kemper.
Topics
Practice areas
Questions Presented
- Whether Kemper v. Michigan Millers Mutual Insurance Co. controlled the legal issue concerning the offer and rejection of uninsured/underinsured motorist coverage under R.C. 3937.18 as amended by 1997 H.B. 261.
- Whether the judgment of the Greene County Court of Appeals should be summarily reversed under Kemper.
Holdings
- Kemper controlled the issue, and summary reversal of the Greene County Court of Appeals judgment was appropriate.
Key quotations
“IT IS FURTHER ORDERED by the court that this cause be reversed on the authority of Kemper v. Michigan Millers Mut. Ins. Co., 98 Ohio St.3d 162, 2002-Ohio-7101, 781 N.E.2d 196.” (98 Ohio St. 3d 1494)
“The majority not only imposes [the Linko] requirements without any statutory basis or legal analysis, but it also ignores the fact that R.C. 3937.18, as amended by H.B. 261, unlike the former statute, speaks directly to the requirements that are necessary for a valid offer and rejection of UM/UIM coverage.” (at ¶ 6)
“where the language of a statute is clear and unambiguous, it is the duty of the court to enforce the statute as written, making neither additions to the statute nor subtractions therefrom.” (at ¶ 14)
Factual background
The dispute concerned the validity of an offer and rejection of uninsured/underinsured motorist coverage under Ohio law. The relevant insurance policy was discussed in the context of policies written after enactment of 1997 H.B. 261 and before 2001 S.B. 97. The controlling legal question was whether the requirements previously articulated in Linko applied and whether a signed rejection alone could effectively decline UM/UIM coverage.
Procedural history
The case arose from Greene Appellate Case No. 2001-CA-104, reported as 2002-Ohio-1803. The Supreme Court of Ohio accepted the matter on certification of a conflict and, without oral argument, reversed on the authority of Kemper v. Michigan Millers Mutual Insurance Co.
Remand instructions
The court ordered that a mandate be sent to the Court of Appeals for Greene County to carry the judgment into execution.