Kemper v. Michigan Millers Mutual Insurance

2002 Ohio 7101, 781 N.E.2d 196, 98 Ohio St. 3d 162

Opinions

{¶ 1} The following questions have been certified to us by the United States District Court for the Northern District of Ohio, Western Division, pursuant to S.Ct.Prac.R. XVIII:

{¶ 2} “(1) Are the requirements of Linko v. Indemnity Ins. Co. [2000], 90 Ohio St.3d [445, 739 N.E.2d 338], relative to an offer of UM/UIM coverage, applicable to a policy of insurance written after enactment of [1997] HB 261 and before [2001] SB 97?

{¶ 3} “(2) If the Linko requirements are applicable, does, under [1997] HB 261, a signed rejection act as an effective declination of UM/UIM coverage, where there is no other evidence, oral or documentary, of an offer of coverage?”

{¶ 4} We answer certified question No. 1 in the affirmative and certified question No. 2 in the negative.

Douglas, Resnick, F.E. Sweeney and Pfeifer, JJ., concur. Moyer, C.J., and Lundberg Stratton, J., dissent. Cook, J., not participating.