Thiel v. Allstate Insurance

The sole issue in this case is whether R.C. 4123.741, which creates fellow-employee immunity against liability, prevents an insured from recovering damages under the uninsured motorist provisions of his insurance policy. For the reasons set forth below, we answer this inquiry in the negative.

This court is called upon to interpret the meaning of the phrase “legally entitled to recover” as used in R.C. 3937.18(A)(1)1 and in the automobile insurance policy at issue in this case.2 Appellant maintains that pursuant *110to R.C. 4123.741 and Section 35, Article II of the Ohio Constitution, as construed…