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SELANDER v. ERIE INS. GROUP

Nos. 98-289 and 98-494.

85 Ohio St.3d 541 (1999)

SELANDER ET AL., APPELLEES, v. ERIE INSURANCE GROUP ET AL.; ERIE INSURANCE EXCHANGE, APPELLANT.

Supreme Court of Ohio.

Decided June 2, 1999.

Attorney(s) appearing for the Case

Dynes & Garbig Co., L.P.A., and Craig A. Dynes, for appellees Betty L. Selander and Twin Electric.

Goubeaux & Goubeaux and Eric H. Brand, for appellees Glenn R. Selander and Twin Electric.

Nemeth, Caborn & Butauski, John C. Nemeth and David A. Caborn, for appellant.

Buckingham, Doolittle & Burroughs, L.L.P., and Christopher C. Esker, urging reversal for amicus curiae, Ohio Insurance Institute.

FRANCIS E. SWEENEY, SR., J.

The court of appeals certified the following issue for our determination: "Do the provisions of R.C. 3937.18 apply to a policy of primary insurance which provides coverage for claims of liability arising out of the use of hired or non-owned automobiles, but is not issued for delivery with respect to some particular motor vehicle?" For the reasons that follow, we answer "Yes" to the foregoing issue.

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