Ohio Uninsured Motorist Statute and Recent Amendments
Return to Glen's World Return to Glen's World Glen R. Pritchard, Esq.
Clark, Perdue & List, Co. LPA
471 East Broad Street
Suite 1400
Columbus, OH 43215
(614) 469-1400
E-mail: gpritchard@clarkperdue.com
R.C. 3937.18 Current Uninsured Motorist Statute
S.B. 97 Amendment to R.C. 3937.18 effective 10/31/01

To make the offer of uninsured motorist coverage voluntary. Accordingly to Section 3 of the bill:

(E) To supersede the holdings of the Ohio Supreme Court in Linko v. Indemnity Ins. Co. of N. America (2000), 90 Ohio St. 3d 445, Scott-Pontzer v. Liberty Mut. Fire Ins. Co. (1999), 85 Ohio St. 3d 660, Schumacher v. Kreiner (2000), 88 Ohio St. 3d 358, Sexton v. State Farm Mut. Auto. Ins. Co. (1982), 69 Ohio St. 2d 431, Gyori v. Johnston Coca-Cola Bottling Group, Inc. (1996), 76 Ohio St. 3d 565, and their progeny.
S.B. 267 Amendment to R.C. 3937.18 effective 9/21/00

Exactly one month after the Ohio Supreme Court issued its decision in Moore v. State Auto. Mut. Ins. Co., S.B. 267 was introduced to undo the decision.

Also amends R.C. 3937.31 "to make it clear that an insurer may modify the terms and conditions of any automobile insurance policy to incorporate changes that are permitted or required by that section and other sections of the Revised Code at the beginning of any policy period within the two-year period set forth in division (A) of that section."

Here is the bill analysis from the Legislative Service Commission website .
S.B. 57 Amendment to R.C. 3937.18 effective 11/2/99

Modified R.C. 3937.18(L)(2) to clarify the applicability of the statute to umbrella and excess policies.

Here is the bill analysis from the Legislative Service Commission website .
H.B. 261 Amendment to R.C. 3937.18 effective 9/3/97

Here is the bill analysis from the Legislative Service Commission website.
S.B. 20 Amendment to R.C. 3937.18 effective 10/20/94

Specifically enacted to supercede Savoie v. Grange (1993), 67 Ohio St.3d 500.

The bill is not available on-line.

Other Relevant Statutes

H.B. 58 (Signed into law June 24, 1999)

On June 24, 1999, the Governor signed into law H.B. 58.  The Bill amends R.C. 2721.16 to prohibit the award of attorney fees in a declaratory judgment action brought to determine the availablity of insurance coverage to the insured.  The bill is specifically intended to supersede the decisions of the Ohio Supreme Court in Motorists Mut. Ins. Co. v. Brandenburg (1995), 72 Ohio St. 3d 157, and Landis v. Grange Mut. Ins. Co. (1998), 82 Ohio St. 3d 339. [Note that the amendment does not seem to affect the holding in Landis with respect to an award of pre-judgment interest].

Perhaps more importantly, H.B. 58 amends R.C. 2721.02 et. seq. to prevent a plaintiff from bringing a declaratory judgment action against the tortfeasor's liability insurer without first obtaining a judgment against the tortfeasor. Furthermore, if the tortfeasor institutes a declaratory judgment action which results in a judicial determination that the tortfeasor is not entitled to liability coverage, that determination is binding upon the plaintiff even if the plaintiff was not a party to the action.  These statutory changes are intended to supersede the Ohio Supreme Court's decisions in Krejci v. Prudential Prop. and Cas. Ins. Co. (1993), 66 Ohio St. 3d 15; Broz v. Winland (1994), 68 Ohio St. 3d 521, and  Mezerkor v. Mezerkor (1994), 70 Ohio St. 3d 304.

The Legislative Service Commission analysis of the Bill is here
Line numbered text of the Bill is here.

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Glen R. Pritchard, Esq.
Last Modified: Tuesday, 07-Apr-2009 22:21:06 EDT