Narrative Opinion Summary
This consolidated legal case involves two primary matters: the reversal of a judgment and the certification of conflict regarding insurance claims. In Case No. 2003-1730, the court reversed a previous judgment against St. Paul Fire & Marine Insurance Company, citing the precedent established in Westfield Ins. Co. v. Galatis. The reversal extends to Fireman’s Fund Insurance Company under the same legal rationale. Concurrently, Case No. 2003-2125 addresses a certified question from the Court of Appeals for Licking County concerning the statute of limitations for wrongful death suits and its implications on underinsured or uninsured motorist claims under R.C. 3937.18. Specifically, the court examines whether failing to file such a suit within the two-year period under R.C. 2125.02(D) affects an insured's legal entitlement to recover damages. The court requires Motorists Mutual Insurance Company and Nationwide Insurance Company to submit briefs on this certified question. The decision sees a division among the justices, with Chief Justice Moyer and Justices Lundberg Stratton, O’Connor, and O’Donnell concurring, while Justices Resnick, F.E. Sweeney, and Pfeifer dissent. The outcome directs further examination of the legal questions by the involved insurance companies.
Legal Issues Addressed
Certification of Conflict and Statute of Limitationssubscribe to see similar legal issues
Application: The Court of Appeals for Licking County certified a conflict regarding the statute of limitations for filing a wrongful death suit and its impact on underinsured or uninsured motorist claims.
Reasoning: The certified question asks whether an insured who fails to file a wrongful death suit within the two-year statute of limitations under R.C. 2125.02(D) is still 'legally entitled to recover damages' against the tortfeasor under R.C. 3937.18, thereby permitting them to maintain an underinsured or uninsured motorist claim.
Requirement for Briefs on Certified Questionssubscribe to see similar legal issues
Application: Motorists Mutual Insurance Company and Nationwide Insurance Company are required to submit briefs addressing the certified question regarding the legal entitlement to recover damages.
Reasoning: Motorists Mutual Insurance Company and Nationwide Insurance Company are instructed to brief the certified question.
Reversal of Judgment Based on Precedentsubscribe to see similar legal issues
Application: The court reversed the judgment against St. Paul Fire & Marine Insurance Company by applying the precedent set in Westfield Ins. Co. v. Galatis.
Reasoning: The discretionary appeal in Case No. 2003-1730 is accepted, and the judgment against St. Paul Fire & Marine Insurance Company is reversed, relying on the precedent set in Westfield Ins. Co. v. Galatis, 100 Ohio St.3d 216, 2003-Ohio-5849, 797 N.E.2d 1256.