Yearling v. State Farm Insurance

Deshler, Judge.

Plaintiffs-appellants, Joseph H. Yearling, Jr. et al., appeal the Franklin County Court of Common Pleas’ decision, which declared that the terms of insurance policies the plaintiffs had with the defendant-appellee, State Farm Insurance Company (“State Farm”), limited State Farm’s obligation to pay under the underinsured motorist provisions of the policies.

The facts of this case are undisputed. On or about May 29, 1988, Scott Gillespie, then nine years old, was involved in auto accident in which he was mortally injured. Afterward, it was discovered that he qualified as an…