State Farm Mutual Automobile Insurance v. Webb

This case requires a review of the proper construction to be given to the phrase “legally entitled to recover” as used in R.C. 3937.18(A), as well as the phrase within the policy here, “legally entitled to collect.” We hold that since Webb is not legally entitled to recover from Creekmore due to the fellow-employee immunity provided by R.C. 4123.741, Webb may not recover upon the uninsured motorist provisions of the policy issued him by State Farm. Thus, we must reverse the judgment of the court of appeals and overrule our prior holding in Thiel.

Prior to the court’s opinion in Thiel, this…