Hower v. Motorists Mutual Insurance

The sole issue certified by the court of appeals is whether the “other insurance” provision in the Motorists policies is ambiguous and ineffective. In Curran v. State Auto. Ins. Co. (1971), 25 Ohio St.2d 33, 54 O.O.2d 166, 266 N.E.2d 566, paragraph one of the syllabus, we held that where an insurer provides uninsured motorist protection as required by R.C. 3937.18, it may not avoid indemnification of its insured under that coverage by including in the insurance contract an “other insurance” clause which, if applied, would relieve the insurer from liability in circumstances where the insured…