Did Exclusion of UM/UIM Coverage for Car Owner’s Household Members Violate Equal Protection?
Elizabeth Burnett v. Motorists Mutual Insurance Companies et al., Case nos. 2007-0954 and 2007-1176 11th District Court of Appeals (Trumbull County) ISSUE: Did a provision in a former version of Ohio’s uninsured/underinsured motorist (UM/UIM) statute create an arbitrary and illogical classification of accident victims that violated the equal protection clause of the state constitution by denying UM/UIM coverage to certain injured parties solely because they were related to and lived in the household of the policyholder? BACKGROUND: In February 2000, Elizabeth Burnett of Trumbull County was injured in a traffic accident while riding as a passenger in a 1995 Ford Taurus owned and operated by her husband. The car was listed as a covered auto in an insurance policy issued by the Motorists Mutual Insurance Company, and Burnett’s husband was a named insured driver under that policy. When Burnett sought to recover for her injuries under the liability provisions of the Motorists policy, the co
