MOTORISTS MUTUAL INS. CO. v. TOMANSKI

No. 70-306.

27 Ohio St. 2d 222 (1971)

MOTORISTS MUTUAL INS. CO., APPELLEE, v. TOMANSKI ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided July 14, 1971.


Attorney(s) appearing for the Case

Messrs. Robison, Curphey & O'Connell and Mr. Daniel M. Phillips, for appellee.

Mr. Manuel H. Ganch, Messrs. Cubbon & Rice and Mr. David R. Goldberg, for appellants.


SCHNEIDER, J.

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...

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