Ohio Appeals Court Sides With Insurance Agency against injured driver

In a recent and unfortunate Ohio legal decision, the 2nd District Court of Appeals has ruled against an injured party and sided with Auto Owners Insurance Company. In Wetzel v. Auto-Owners Ins. Co., 2016-Ohio-5355, Shane Wetzel unsuccessfully attempted to bring a claim for underinsured motorist coverage benefits following an auto accident. In July 2011, Mr. Wetzel was significantly injured while driving his girlfriend’s vehicle when an underinsured driver ran a stop sign, causing a collision.

Underinsured Motorist Insurance

Auto Owners had issued a policy including underinsured motorist benefits for Mr. Wetzel’s father’s trucking company. Mr. Wetzel was listed on the policy as a “scheduled driver.” Mr. Wetzel argued that his inclusion on such list created an ambiguity that should have been interpreted in his favor. The Court interpreted the policy otherwise, finding it to be clear that coverage was not afforded because he was not a resident relative (of his father), nor was he driving a covered vehicle at the time of the accident.

For the full case, click here: http://law.justia.com/cases/ohio/second-district-court-of-appeals/2016/2015-ca-26-3.html

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The lawyers at McKenzie & Snyder LLP are in a continual state of research and education to master auto insurance law in Ohio and represent car accident injuries for all Ohio motorist. If you have been injured in a car accident, at work on or off duty, or would like to claim the diminished value your vehicle has suffered due to a car accident then call McKenzie & Snyder LLP now to receive a free case evaluation. If your injury has left you immobile, do not fret; the firm can send a lawyer to meet you where you are most comfortable.

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