Lawler v. Fireman's Fund Insurance

OPINION

GWIN, District Judge.

With this case, the Court deals with the mess created by the Ohio Supreme Court’s treatment of uninsured/underinsured motorist coverage. Ignoring Justice Douglas’s observation that “common sense often makes good law,” the Ohio Supreme Court has destroyed the crucial predictability needed to price and administer commercial business automobile and general commercial liability policies lines. Peak v. United States, 353 U.S. 43, 46, 77 S.Ct. 613, 1 L.Ed.2d 631 (1957). A muddle results.

Against this sorry backdrop, the Court now deals with the July 23, 2001, motion for…