SMITH v. ERIE INS. CO.

No. 2015-1419.

148 Ohio St.3d 192 (2016)

2016-Ohio-7742

SMITH ET AL., APPELLEES, v. ERIE INSURANCE COMPANY, APPELLANT.

Supreme Court of Ohio.

Decided November 16, 2016.


Attorney(s) appearing for the Case

Connelly & Collier, L.L.P., Steven R. Smith , Steven P. Collier , and Janine T. Avila , for appellees.

Eastman & Smith, Ltd., D. Casey Talbott , Mark W. Sandretto , and Lindsey K. Ohlman , for appellant.

Freund, Freeze & Arnold, Kevin C. Connell , and Margaret A. Lennen , urging reversal for amicus curiae Ohio Association of Civil Trial Attorneys.

Vorys, Sater, Seymour & Pease, L.L.P., Thomas E. Szykowny , and Michael Thomas , urging reversal for amicus curiae Ohio Insurance Institute.

Cubbon & Associates Co., L.P.A., and James E. Yavorcik , urging affirmance for amicus curiae Ohio Association for Justice.

KENNEDY, J., dissents, with an opinion joined by O'DONNELL and FRENCH, JJ.


{¶ 1} In this case, we resolve a certified conflict regarding how uninsured-motorist-contract language applies when an unidentified vehicle allegedly causes a no-contact accident that results in an injury to an insured. Specifically, we address the contract's requirement...

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