Legal Opinion

Lager v. Miller-Gonzalez

Ohio Supreme Court

Decided October 1, 2008No. Nos. 2007-1760 and 2007-1762PublishedCited by 91 opinions

1Opinion of the CourtO’Connor, J.

{¶ 1} In this wrongful-death case, we address language in an insurance policy offered by appellant, Nationwide Mutual Fire Insurance Company, that provides uninsured- and underinsured-motorist coverage (“UM”) to insureds “because of bodily injury suffered” but that also contains an other-owned-auto exclusion that denies coverage “for bodily injury or derivative claims.”

{¶ 2} The trial court and court of appeals concluded that the language in the exclusion was ambiguous and accordingly construed the policy in favor of coverage of appellee, Fred L. Lager as administrator of the estate of his…

2Cases cited15 opinions

  1. Alexander v. Buckeye Pipe Line Co.Ohio Supreme Court · 1978
  2. King v. Nationwide InsuranceOhio Supreme Court · 1988
  3. Hybud Equipment Corp. v. Sphere Drake InsuranceOhio Supreme Court · 1992
  4. Gomolka v. State Automobile Mutual InsuranceOhio Supreme Court · 1982
  5. City of Sharonville v. American Employers InsuranceOhio Supreme Court · 2006

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3Cited by91 opinions

  1. Santo's Italian Cafe LLC v. Acuity Ins. Co.Court of Appeals for the Sixth Circuit · 2021
  2. William Eastham v. Chesapeake Appalachia, L.L.C.Court of Appeals for the Sixth Circuit · 2014
  3. Sauer v. Crews (Slip Opinion)Ohio Supreme Court · 2014
  4. Bondex International, Inc. v. Hartford Accident & Indemnity Co.Court of Appeals for the Fifth Circuit · 2011
  5. CosmetiCredit, L.L.C. v. World Fin. Network Natl. BankOhio Court of Appeals · 2014

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