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LINKO v. INDEMN. INS. CO. OF N. AM.

No. 99-2293.

90 Ohio St.3d 445 (2000)

LINKO, EXR., v. INDEMNITY INSURANCE COMPANY OF NORTH AMERICA.

Supreme Court of Ohio.

Decided December 27, 2000.

Attorney(s) appearing for the Case

Becker & Mishkind Co., L.P.A., Michael F. Becker and David A. Kulwicki, for petitioner.

Elk & Elk Co., L.P.A., and Todd Rosenberg, in support of petitioner for amicus curiae, Ohio Academy of Trial Lawyers.

PFEIFER, J.

Our responses to the questions of the federal court are as follows: (1) Yes. An insured under an automobile liability policy may challenge the authority of a signatory to a UM/UIM coverage rejection form when such signatory's authority is not disputed by the named insureds or insurer; (2) No. To satisfy the offer requirement of R.C. 3937.18, the insurer must inform the insured of the availability of UM/UIM coverage, set forth the premium for...

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