Wilburn v. Allstate Ins. Co.

Ohio Supreme Court

Wilburn v. Allstate Ins. Co.

1996 Ohio 210, 75 Ohio St. 3d 470

CourtOhio Supreme Court

DecidedMay 15, 1996

Docket1995-0824

StatusPublished

This text of 1996 Ohio 210 (Wilburn v. Allstate Ins. Co.) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Wilburn v. Allstate Ins. Co., 1996 Ohio 210, 75 Ohio St. 3d 470 (Ohio 1996).

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[This opinion has been published in Ohio Official Reports at 75 Ohio St.3d 470.]

WILBURN ET AL., APPELLEES, v. ALLSTATE INSURANCE COMPANY, APPELLANT.

[Cite as Wilburn v. Allstate Ins. Co., 1996-Ohio-210.] Insurance—Uninsured motorist provision—R.C. 3937.18 and public policy preclude contract provision requiring physical contact for recovery. (Nos. 95-824 and 95-825—Submitted April 15, 1996—Decided May 15, 1996.) CERTIFIED by and APPEAL from the Court of Appeals for Butler County, No. CA94-06-135. __________________ Bressler, Shanks & Gelding Co., L.P.A., and Harvey Joel Bressler, for appellees. Heath & Associates and James V. Heath, for appellant. __________________ {¶ 1} The judgment of the court of appeals is affirmed on the authority of Girgis v. State Farm Mut. Auto. Ins. Co. (1996), 75 Ohio St.3d 302, 662 N.E.2d 280, and the cause is remanded to the trial court for further proceedings not inconsistent with Girgis. MOYER, C.J., DOUGLAS, RESNICK and PFEIFER, JJ., concur. F.E. SWEENEY, J., dissents for the reasons stated in his opinion concurring in part and dissenting in part in Girgis v. State Farm Mut. Auto. Ins. Co. (1996), 75 Ohio St.3d 302, 309-312, 662 N.E.2d 280, ___. COOK, J., dissents. STRATTON, J., not participating. __________________

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[This opinion has been published in Ohio Official Reports at 75 Ohio St.3d 470.]

WILBURN ET AL., APPELLEES, v. ALLSTATE INSURANCE COMPANY, APPELLANT.

[Cite as Wilburn v. Allstate Ins. Co., 1996-Ohio-210.] Insurance—Uninsured motorist provision—R.C. 3937.18 and public policy preclude contract provision requiring physical contact for recovery. (Nos. 95-824 and 95-825—Submitted April 15, 1996—Decided May 15, 1996.) CERTIFIED by and APPEAL from the Court of Appeals for Butler County, No. CA94-06-135. __________________ Bressler, Shanks & Gelding Co., L.P.A., and Harvey Joel Bressler, for appellees. Heath & Associates and James V. Heath, for appellant. __________________ {¶ 1} The judgment of the court of appeals is affirmed on the authority of Girgis v. State Farm Mut. Auto. Ins. Co. (1996), 75 Ohio St.3d 302, 662 N.E.2d 280, and the cause is remanded to the trial court for further proceedings not inconsistent with Girgis. MOYER, C.J., DOUGLAS, RESNICK and PFEIFER, JJ., concur. F.E. SWEENEY, J., dissents for the reasons stated in his opinion concurring in part and dissenting in part in Girgis v. State Farm Mut. Auto. Ins. Co. (1996), 75 Ohio St.3d 302, 309-312, 662 N.E.2d 280, ___. COOK, J., dissents. STRATTON, J., not participating. __________________

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