McClure v. West American Insurance Co., Unpublished Decision (11-2-2002)
McClure v. West American Insurance Co., Unpublished Decision (11-2-2002)
Opinion of the Court
{¶ 2} On December 18, 1998, Robert R. McClure, Jr., was killed in a motor vehicle accident. Appellants argue that the homeowner's policy in effect on the date of the accident was actually a motor vehicle liability policy for which uninsured/underinsured coverage must be offered. Because such coverage was not offered, appellants contend that they are entitled to said coverage by operation of law.
{¶ 3} Appellants urge us to reconsider our decisions in Ruiz v.Rygalski, 6th Dist. No. L-01-1363, 2002-Ohio-1519; Westmark v. FarmersIns. of Columbus, Inc., 6th Dist. No. F-01-018, 2002-Ohio-1524; andBurkholder v. German Mut. Ins. Co., 6th Dist. No. L-01-1413, 2002-Ohio-1184, wherein we found that similar homeowner's policies were not subject to R.C.
{¶ 4} On consideration whereof, we find that substantial justice was done the party complaining and the decision of the Lucas County Court of Common Pleas is affirmed. Costs of this appeal are assessed to appellants.
JUDGMENT AFFIRMED.
Melvin L. Resnick, J., Richard W. Knepper, J., and Mark L.Pietrykowski, P.J., CONCUR.
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