Did Former Version of Auto Insurance Law Bar Cut In UM/UIM Policy Limits For Two Years?
Jack R. Advent, Executor of the Estate of Valijean D. Advent, Deceased v. Allstate Insurance Company et al., Case nos. 2006-2271 and 2006-2393 10th District Court of Appeals (Franklin County) ISSUE: In determining the amount of uninsured/underinsured motorist (UM/UIM) coverage provided in an Ohio auto insurance policy in September 2002, should a trial court apply the version of R.C. 3937.18 that was in effect prior to October 2001, or an amended version of that statute that took effect Oct. 31, 2001? BACKGROUND: Under the version of Ohio’s UM/UIM insurance law in effect from September 2000 to October 2001, the limits of UM/UIM coverage in an Ohio auto insurance policy were presumed to be the same as the limits of personal injury liability coverage in that policy unless the insurer could produce an express written offer and rejection or agreement to reduced limits of UM/UIM coverage signed by the policyholder. That version of the law also set a minimum period of two years from the date
