Harris v. Elofskey

Robert P. Ringland, Judge.

This appeal requires us to examine the issue of whether the victim of an automobile collision can recover against the owner’s financial responsibility bond, which expressly limits coverage to the owner’s personal operation of the vehicle, when the owner is a passenger in his or her automobile. Appellants contend that, under the rule of Ross v. Burgan (1955), 163 Ohio St. 211, 56 O.O. 218, 126 N.E.2d 592, an owner-passenger is rebuttably presumed to have created an agency relationship requiring the insurer to cover the imputed negligent acts of the driver.

We hold that…