Kurent v. Farmers Insurance of Columbus, Inc.
Ohio Supreme Court
581 N.E.2d 533, 62 Ohio St. 3d 242 (1991)
Thomas and Kathleen Kurent (plaintiffs) were Ohio residents with automobile insurance with Ohio-based Farmers Insurance of Columbus, Inc. (Farmers) (defendant). The Kurents suffered injuries in an automobile accident caused by Michael Karczewski, a Michigan resident, on July 11, 1987, during a trip to Michigan. Karczewski was insured by AAA Michigan (AAA). The Kurents filed a claim against Karczewski and AAA. AAA denied the claim based on Michigan’s no-fault insurance law. That law required the Kurents to look to their insurance when the nature of the injuries was below a specified limit and did not arise out of serious injury or death. The Kurents then turned to their insurer, Farmers, seeking coverage under the uninsured-motorist and medical-payments provisions. Farmers denied coverage because Karczewski had proper insurance under Michigan law. Farmers paid the Kurents under Michigan’s no-fault law, limiting their damages to economic loss. The Kurents sued Farmers, seeking coverage for noneconomic damages under the uninsured-motorist coverage. The Kurents and Farmers both filed motions for summary judgment. The court granted the Kurents’ motion, holding that Ohio law applied and that Karczewski was an uninsured motorist under the policy. The appellate court reversed, holding that Farmers had correctly applied its coverage. The Kurents appealed.
Rule of Law
Holding and Reasoning (Brown, J.)
Dissent (Resnick, J.)
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