Hill v. Allstate Insurance

I must respectfully dissent as the majority misconstrues our holding in Wood v. Shepard (1988), 38 Ohio St. 3d 86, 526 N.E. 2d 1089. I also believe the majority has run afoul of the well-reasoned public policy of this state. As the majority correctly points out, the issue before this court is whether underinsured motorist coverage is available to an insured’s estate on a wrongful death claim, when the insured’s policy limits are identical to the tortfeasor’s.

The majority’s recitation of the facts is essentially complete. It should be noted, however, that the decedent (Shaw) was survived by…