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SHELBY MUTUAL INSURANCE CO. v. SMITH

No. 75-215.

45 Ohio St. 2d 66 (1976)

SHELBY MUTUAL INSURANCE CO., APPELLEE, v. SMITH ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided January 28, 1976.

Attorney(s) appearing for the Case

Messrs. Buckingham, Doolittle & Burroughs and Mr. Timothy F. Scanlon, for appellee.

Mr. Raymond J. McGowan, for appellants.

O'NEILL, C. J.

The sole question to be determined in this cause is whether Letha Smith may recover for her injuries and damages under the Shelby uninsured motorist coverage.

At the outset, it should be noted that the language of the Shelby insurance policy does not aid appellants., In the family protection coverage clause of the Shelby policy, the following definition is found:

"`Uninsured automobile...

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