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Kemper v. Michigan Millers Mut. Ins. Co.

Supreme Court of Ohio
Dec 24, 2002
98 Ohio St. 3d 162 (Ohio 2002)

Summary

In Kemper v. Michigan Millers Mut. Ins. Co., 98 Ohio St.3d 162, 2002-Ohio-7101, 781 N.E.2d 196, the Supreme Court of Ohio held that Linko's requirements are also applicable to the H.B. No. 261 version of R.C. 3937.18.

Summary of this case from Parrish v. Coles

Opinion

No. 2001-1709.

Submitted September 17, 2002.

Decided December 24, 2002.

On Order from the United States District Court for the Northern District of Ohio, Western Division, Certifying Questions of State Law, No. 3:00CV07799.

Elk Elk Co., L.P.A., David J. Elk and Todd O. Rosenberg, for petitioners, Sherrie L. Kemper et al.

Gallagher, Sharp, Fulton Norman, Alton L. Stephens, James T. Tyminski Jr., and D. John Travis, for respondent Michigan Millers Mut. Ins. Co.

Gallagher, Gams, Pryor, Tallan Littrell, L.L.P., and James R. Gallagher, for amicus curiae Ohio Association of Civil Trial Attorneys.

Wiles, Boyle, Burkholder Bringardner Co., L.P.A., Michael L. Close and Samuel M. Pipino, for amicus curiae American International Companies.


{¶ 1} The following questions have been certified to us by the United States District Court for the Northern District of Ohio, Western Division, pursuant to S.Ct.Prac.R. XVIII:

{¶ 2} "(1) Are the requirements of Linko v. Indemnity Ins. Co. [2000], 90 Ohio St.3d [445, 739 N.E.2d 338], relative to an offer of UM/UIM coverage, applicable to a policy of insurance written after enactment of [1997] HB 261 and before [2001] SB 97?

{¶ 3} "(2) If the Linko requirements are applicable, does, under [1997] HB 261, a signed rejection act as an effective declination of UM/UIM coverage, where there is no other evidence, oral or documentary, of an offer of coverage?"

{¶ 4} We answer certified question No. 1 in the affirmative and certified question No. 2 in the negative.

Douglas, Resnick, F.E. Sweeney and Pfeifer, JJ., concur.

Moyer, C.J., and Lundberg Stratton, J., dissent.

Cook, J., not participating.


{¶ 5} I respectfully dissent from the majority's conclusion that the requirements of Linko v. Indemn. Ins. Co. (2000), 90 Ohio St.3d 445, 739 N.E.2d 338, are applicable to an insurance policy written after the enactment of 1997 H.B. 261 and before 2001 S.B. 97. As a preliminary matter, I note that although I dissented in part in Linko, I acknowledge its holding as controlling precedent for insurance policies issued prior to the enactment of H.B. 261. Nevertheless, R.C. 3937.18, as amended by H.B. 261, sets forth new requirements for a valid offer and rejection of UM/UIM motorist coverage. Accordingly, we are not bound by Linko in determining whether extrastatutory requirements should be imposed on insurers after the effective date of H.B. 261.

{¶ 6} By its holding today, the majority requires insurers to "inform the insured of the availability of UM/UIM coverage, set forth the premium for UM/UIM coverage, include a brief description of the coverage, and expressly state the UM/UIM coverage limits in its offer" even after the adoption of H.B. 261. Linko, 90 Ohio St.3d at 447 448, 739 N.E.2d 338. The majority not only imposes these requirements without any statutory basis or legal analysis, but it also ignores the fact that R.C. 3937.18, as amended by H.B. 261, unlike the former statute, speaks directly to the requirements that are necessary for a valid offer and rejection of UM/UIM coverage. In view of these amendments and the absence of any statutory support to impose the Linko requirements, I would conclude that such requirements are inapplicable to insurance policies written after the effective date of H.B. 261.

{¶ 7} Because I would answer certified question No. 1 in the negative, I would conclude question No. 2 is moot.

{¶ 8} For the foregoing reasons, I respectfully dissent.

Lundberg Stratton, J., concurs in the foregoing dissenting opinion.


Summaries of

Kemper v. Michigan Millers Mut. Ins. Co.

Supreme Court of Ohio
Dec 24, 2002
98 Ohio St. 3d 162 (Ohio 2002)

In Kemper v. Michigan Millers Mut. Ins. Co., 98 Ohio St.3d 162, 2002-Ohio-7101, 781 N.E.2d 196, the Supreme Court of Ohio held that Linko's requirements are also applicable to the H.B. No. 261 version of R.C. 3937.18.

Summary of this case from Parrish v. Coles

In Kemper v. Mich. Millers Ins. Co. (2002), 98 Ohio St.3d 162, the Linko requirements were extended to policies written before S.B. 97's effective date of October 31, 2001.

Summary of this case from Hicks-Malak v. Cincinnati Ins.

In Kemper v. Michigan Millers Mut. Ins. Co., 98 Ohio St.3d 162, 2002-Ohio-7101, 781 N.E.2d 196, the supreme court stated, in response to a certified question from the United States District Court for the Northern District of Ohio, that the Linko requirements applied to policies of insurance written after the enactment of H.B. 261 and before Am.Sub.S.B. No. 97, effective in 2001, which removed the mandatory requirement that insurers include UM/UIM coverage.

Summary of this case from Borger v. Utica Natl. Ins. Group

In Kemper, the second certified question accepted by the supreme court provided: "[D]oes, under H.B. 261, a signed rejection act as an effective declination of UM/UIM coverage, where there is no other evidence, oral or documentary, of an offer of coverage?"

Summary of this case from Borger v. Utica Natl. Ins. Group

In Kemper, the Ohio Supreme Court found a policy of insurance written after the enactment of H.B. 261 (effective 1997), but before S.B. 97 (effective 2001) must comply with the requirements stated in Linko, supra.

Summary of this case from Shirley v. Republic-Franklin Ins. Co.

In Kemper, the Ohio Supreme Court stated, without any explanation, that the requirements set forth in Linko continue to apply, despite the H.B. 261 amendment that a signed rejection form, standing alone, creates a presumption that the insured validly rejected UM/UIM coverage.

Summary of this case from Westfield Ins. Co. v. Hogue

In Kemper v. Michigan Millers Mut. Ins. Co., 98 Ohio St.3d 162, 2002-Ohio-7101, the Ohio Supreme Court unequivocally held that the Linko requirements are applicable to an offer of UM/UIM coverage written after the enactment of H.B. 261.

Summary of this case from Wilson v. Haimerl

In Kemper v. Michigan Millers Mutual Ins. Co., 98 Ohio St.3d 162, 2002-Ohio-7101, the Ohio Supreme Court expressly held that the requirements of Linko, relative to an offer of UIM coverage, are applicable to a policy of insurance written after the enactment of HB 261 and before S.B. 97.

Summary of this case from HOOP v. NATIONWIDE MUT. FIRE INS INS CO

In Kemper v. Michigan Millers Mut. Ins. Co., 98 Ohio St.3d 162, 2002-Ohio-7101, the Ohio Supreme Court stated that the requirements for an effective rejection of UM/UIM coverage as expressed in Linko v. Indemn. Ins. Co. of N. Am. (2000), 90 Ohio St.3d 445 are still applicable after the enactment of [1997] H.B. 261.

Summary of this case from Stubbins v. Nationwide Agribusiness

In Kemper v. Michigan Millers Mut. Ins. Co., 98 Ohio St.3d 162, 2002-Ohio-7101, the Ohio Supreme Court held that: (1) the requirements of Linko, relative to an offer of UM/UIM coverage, are applicable to a policy of insurance written after enactment of H.B. No. 261 and before S.B. No. 97; and (2) under H.B. No. 261, a signed rejection does not act as an effective declination of UM/UIM coverage where there is no other evidence, oral or documentary, of an offer of coverage.

Summary of this case from Taylor v. Universal Underwriters Ins.
Case details for

Kemper v. Michigan Millers Mut. Ins. Co.

Case Details

Full title:Kemper et al. v. Michigan Millers Insurance Company et al

Court:Supreme Court of Ohio

Date published: Dec 24, 2002

Citations

98 Ohio St. 3d 162 (Ohio 2002)
781 N.E.2d 196

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