WOHL v. SWINNEY

No. 2007-0593.

118 Ohio St.3d 277 (2008)

2008-Ohio-2334

WOHL ET AL.; SLATTERY, Appellee, v. SWINNEY ET AL.; MOTORISTS MUTUAL INSURANCE COMPANY, Appellant; AMERICAN STATES INSURANCE COMPANY, Appellee.

Supreme Court of Ohio.

Decided May 20, 2008.


Attorney(s) appearing for the Case

James J. Slattery Jr., pro se; and John H. Burlew, for appellee James J. Slattery.

Freund, Freeze & Arnold, and T. Andrew Vollmar, for appellant, Motorists Mutual Insurance Company.

Jenks, Pyper & Oxley Co., L.P.A., P. Christian Nordstrom, and Scott G. Oxley, for appellee American States Insurance Company.

Gallagher, Gams, Pryor, Tallan & Littrell, L.L.P., and James R. Gallagher, urging reversal for amicus curiae, State Farm Mutual Automobile Insurance Company.


LANZINGER, J.

{¶ 1} This certified conflict from the Twelfth District Court of Appeals asks us to decide whether an insurance policy definition is ambiguous and thus properly construed against the insurer. The term "insured" is defined as including "[a]ny other person occupying your covered auto who is not a named insured or insured family member for uninsured motorists coverage under another policy." We hold that this definition of...

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