Legal Opinion · Dissent

Joins v. Bonner

Ohio Supreme Court

Decided December 30, 1986No. 86-362Published

1DissentHolmes, J.

I cannot agree with the decision of the majority which establishes the unduly broad “reasonable proximity” test and others as a measure of whether one is “alighting from” a vehicle. Moreover, even under its own standard, there should not be any question that the policy excludes coverage for injury caused by the uninsured motorist herein.

The policy provision at issue requires that an injured party be one who is “occupying an insured automobile.” The insurer has enlarged the application of this reasonable limitation by including coverage for one who is “entering into or alighting from” the…

2Cases cited17 opinions

  1. Westerfield v. LaFleurSupreme Court of Louisiana · 1986
  2. Buckeye Union Insurance v. PriceOhio Supreme Court · 1974
  3. Insurance Co. of North America v. PerrySupreme Court of Virginia · 1964
  4. Wolf v. American Casualty Co. of Reading, PennsylvaniaAppellate Court of Illinois · 1954
  5. Rice v. Allstate InsuranceNew York Court of Appeals · 1973

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