Summary
In Nationwide Mut. Ins. Co. v. Jones (1994), 70 Ohio St.3d 491, the Supreme Court, based on Martin, invalidated a UM policy exclusion precluding coverage for vehicles owned by a relative of the policyholder.
Summary of this case from STAFFORD v. SOHAOpinion
No. 93-1666
Submitted August 31, 1994 —
Decided October 5, 1994.
APPEAL from the Court of Appeals for Cuyahoga County, No. 62779.
Weston, Hurd, Fallon, Paisley Howley, Timothy D. Johnson and Gregory E. O'Brien, for appellee.
Donald E. Caravona Associates and Mark J. Obral, for appellants.
Scanlon Henretta Co., L.P.A., J. Thomas Henretta and Ann Marie O'Brien, urging reversal for amicus curiae, Ohio Academy of Trial Lawyers.
The judgment of the court of appeal is reversed and the cause is remanded to the trial court to apply Martin v. Midwestern Group Ins. Co. (1994), 70 Ohio St.3d 478, 639 N.E.2d 438, decided today.
A.W. SWEENEY, DOUGLAS, RESNICK, F.E. SWEENEY and PFEIFER, JJ., concur.
MOYER, C.J., concurs separately.
I concur separately in the judgment entry in the above-styled case. As my dissent in Martin v. Midwestern Group Ins. Co. (1994), 70 Ohio St.3d 478, 485, 639 N.E.2d 438, 443, stated, I do not agree with the law announced in the majority decision. Nevertheless, it is the law on the issue in the above-styled case. As I believe all parties should receive equal application of the law announced by this court, and only for that reason, I concur in the judgment entry.
for the reasons stated in the dissenting opinions in Martin v. Midwestern Group Ins. Co. (1994), 70 Ohio St.3d 478, 485-486, 639 N.E.2d 438, 443.