Potter v. Amerisure Ins. Co.
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Potter, Appellant, v. Amerisure Insurance Company, Appellee. [Cite as Potter v. Amerisure Ins. Co. (1994) Ohio St.3d .] Automobile liability insurance -- Uninsured motorist coverage designed to protect persons, not vehicles -- Validity of insurance policy exclusion of uninsured motorist dependent upon whether it conforms to R.C. 3937.18 -- Policy provision which eliminates uninsured motorist coverage for persons insured thereunder who are injured while occupying a motor vehicle owned by an insured, but not specifically listed in the policy, violates R.C. 3937.18 and is invalid. (No. 94-1401 -- Submitted September 20, 1994 -- Decided November 9, 1994.) Appeal from the Court of Appeals for Cuyahoga County, No. 65285. Lallo & Feldman Co., L.P.A., and Michael J. Feldman, for appellant. Mansour, Gavin, Gerlack & Manos Co., L.P.A., and Julius R. Gerlack, for appellee. The discretionary appeal is allowed; the judgment of the court of appeals is reversed and the judgment of the court of common pleas is reinstated on the authority of Martin v. Midwestern Ins. Co. (1994), 70 Ohio St.3d 485, N.E.2d . Moyer, C.J., A.W. Sweeney, Douglas, Resnick, F.E. Sweeney and Pfeifer, JJ., concur. Wright, J., dissents for the reasons stated in the dissenting opinions in Martin v. Midwestern Group Ins. Co. (1994), 70 Ohio St.3d 485, N.E.2d .
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