Court News Ohio
Ohio Supreme Court: Insurance Policy Language Does Not Preclude Uninsured Motorist Coverage For Damage Caused by Government Driver
By Dennis Whalen
May 21, 2013 

The Supreme Court of Ohio ruled today that when the uninsured motorist/underinsured motorist (UM/UIM) coverage in an Ohio auto insurance policy includes in the definition of an “uninsured vehicle” vehicles whose drivers are subject to governmental immunity, other policy language limiting coverage to damages an insured person “is legally entitled to recover” does not preclude UM/UIM claims for damages caused by another driver who had governmental immunity. 

The court’s 4-3 decision was authored by Justice Paul E. Pfeifer. 

The case arose from a November 2009 traffic accident in which a car driven by Maria Marusa was struck by a police cruiser driven by Officer Michael Canda. Marusa and her daughter, Melanie, were both injured in the crash. The parties stipulated that the Marusas’ injuries were caused by the officer’s negligent operation of his police cruiser, and that the Marusas “were not negligent and were not at fault for causing the collision.” 

Under Ohio’s political subdivision immunity law, both Canda and his employer were immune from civil liability for injuries suffered by third parties as a result of Canda’s negligent performance of  his official duties. 

Unable to collect from Canda or the city, the Marusas sought coverage for their medical expenses and other damages through the uninsured motorist coverage in  their own auto insurance policy issued by the Erie Insurance Company.  Erie denied coverage. 

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