Burnett v. Motorists Mutual Insurance

{¶ 1} Defendant-appellant, Motorists Mutual Insurance Company (“Motorists”), appeals from a decision of the Eleventh District Court of Appeals holding former R.C. 3937.18(E)(2) unconstitutional for violating the Equal Protection Clauses of the Ohio and United States Constitutions when that statute is read in conjunction with former R.C. 3937.18(J)(1). For the reasons that follow, based largely upon our decision in Kyle v. Buckeye Union Ins. Co., 103 Ohio St.3d 170, 2004-Ohio-4885, 814 N.E.2d 1195, we reverse the judgment of the court of appeals and determine that the application of former…