State Farm Automobile Insurance v. Alexander

The sole issue before the court is whether State Farm may, by policy definition, eliminate uninsured and underinsured motorist coverage to persons injured in a motor vehicle accident where the claim or claims of such persons arise from causes of action that are recognized by Ohio tort law. For the reasons which follow, we hold that it may not.

The State Farm insurance policy sets forth underinsured and uninsured motorist coverage in a single provision: “SECTION III — UNINSURED MOTORIST VEHICLE — COVERAGE U.” 1 The policy provides in relevant part:

“We will pay damages for bodily injury an…