Motorists Mutual Ins. Co. v. Tomanski

The sole question presented is whether the Tomanski claim under the uninsured motorist contract is enforceable; or, stated another way, whether the concurrent negligence of the operator of an insured third vehicle postpones, reduces, or eliminates the contractual-rights which would otherwise exist. We hold that the presence of the third vehicle does not alter the contractual obligation under the uninsured motorist provision of the policy of the insurer. Thus, we reverse the judgment of the Court of Appeals.

The rights of the insured are spelled out by R. C. 3937.-' 18, as being, “. . . for the…