Does Policy Exclusion of Coverage ‘For Bodily Injury’ of Relative Bar Parents’ Wrongful Death Claim?
Fred L. Lager, Administrator of the Estate of Sara E. Lager, deceased v. Ryan Miller-Gonzalez et al. and Nationwide Mutual Fire Insurance Co., Case nos. 2007-1760 and 2007-1762 6th District Court of Appeals (Lucas County) ISSUE: When an auto insurance policy provides uninsured motorist (UM) coverage for damages incurred by a policyholder “because of bodily injury” to an insured or an insured’s relative, does language in the same policy that excludes UM coverage for damages “for bodily injury” to an insured or relative while riding in a non-covered vehicle create ambiguity regarding whether or not the policy covers an insured’s wrongful death claim based on the death of a family member in a non-covered vehicle? BACKGROUND: This case arises from an insurance claim filed by Fred and Cathy Lager of Toledo seeking recovery under the uninsured/underinsured motorist (UM/UIM) coverage in their auto insurance policy issued by Nationwide Mutual Insurance Co. for their own statutory wrongful deat
