PONSER v. ST. PAUL FIRE & MARINE

Nos. 2003-1730, 2003-2125.

104 Ohio St.3d 621 (2004)

2004-Ohio-7105

PONSER, ADMR., ET AL., APPELLEES, v. ST. PAUL FIRE & MARINE INSURANCE COMPANY ET AL.; MOTORISTS MUTUAL INSURANCE COMPANY ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided December 30, 2004.


Attorney(s) appearing for the Case

Morrow, Gordon & Byrd, Ltd., and Adam K. Vernau, Newark, for appellees.

Keener, Doucher, Curley & Patterson, L.P.A., W. Charles Curley, Columbus, and Jenifer J. Murphy, for appellant Motorists Mutual Insurance Company.

Gary L. Grubler, Columbus, for appellant Nationwide Insurance Company.

Weston, Hurd, Fallon, Paisley & Howley, L.L.P., Daniel A. Richards and Warren Rosman, Cleveland, urging reversal for amicus curiae Ohio Association of Civil Trial Attorneys.

Davis & Young and Richard M. Garner, West Cleveland, urging reversal for amicus curiae Westfield Insurance Company.


PFEIFER, J.

Factual and Procedural Background

{¶ 1} Wanda Chenault died on June 10, 1999, in an automobile accident caused by Charles Hofer, who had driven left of center and struck Chenault's vehicle. It is undisputed that Hofer's negligence caused the accident. Hofer had no automobile insurance coverage in effect at the time of the accident. Chenault's insurer, Grange Insurance Company...

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